Tory bill to toughen gun laws under fire
Nov. 8, 2006
Tonda Maccharles
Toronto Star

OTTAWA—The Conservative government struggled yesterday to defend its bid to toughen gun sentences in light of an overall downward trend in gun violence and Toronto police successes under existing laws.

Federal Justice Minister Vic Toews faced calls to produce evidence that stricter mandatory jail terms for gun crimes would slash the gun crime rate.

"Don't talk to me about Chicago or New York, tell me about what's going on in Canada," said Bloc Québécois MP Réal Ménard (Hochelaga), calling the Conservative proposals "purely ideological."

The Conservative government wants to bring in a series of escalating minimum jail terms of up to 10 years for gun crimes, targeted especially at offences committed with restricted weapons or by gang members.

But Toews faced a combined opposition of Liberal, Bloc Québécois and NDP MPs at the justice committee — who have already watered down the government's bid to restrict conditional sentences, including house arrest.

Toews argued the proposed law is tailored and "proportional," a key constitutional test, to a problem Prime Minister Stephen Harper has called "epidemic" — the so-called "rising levels of gun, gang and drug crime."

But Toews conceded the overall trend in gun crime in Canada over three decades is "downward."

Still, he pointed to a spike in 2004 as reason for concern.

"The proportion of violent crimes involving firearms decreased to a low point of 2.2 per cent in 2002, but it has increased to 2.5 per cent in 2004. In proportional terms, this represents a 10 per cent increase," he said.

"Therefore, while the overall and longer-term national trend tends to a decrease in gun crimes over the last few decades, specific types of violent gun crimes are increasing in some areas of the country."

To make that point, Toews pointed to Toronto and Winnipeg where "gang-related homicides and the proportion of handguns used in violent crimes are a major cause for concern."

Even then, Toews acknowledged that Toronto police have had success battling gangs and guns using "very effective policing methods."

As of Monday, Toronto had recorded 59 homicides this year, 25 of which involved a firearm. Last year at this time, the toll was 67 homicides, 45 of which involved a firearm.

Good policing is only "one half of the equation" and tougher laws are needed to incapacitate the "really bad guys" who cannot be deterred and take them off the streets, said Toews. Yet he admitted more studies are needed to determine whether the concept of general deterrence through tougher sentences actually works.

Under questioning by the NDP, Toews also conceded that use of the toughest penalty would be "rare" as it is aimed at offenders convicted of three serious, violent offences with firearms in the past 10 years.

"I have the impression it's purely ideological," Ménard said, adding if the minister could not produce statistics to back the bill's thrust, "we're going to be obliged to kill it."

The BQ, Liberal and NDP MPs at committee later would say only that they would look at bringing amendments to the bill.