Alberta Justice Minister Tyler Shandro has announced changes to the enforcement of the federal firearms ban. (Photo: Government of Alberta)

By David Opinko/LethbridgeNewsNOW

Provincial Politics

Alberta to prosecute federal firearms ban on case-by-case basis

Dec 15, 2022 | 12:47 PM

The Alberta Government says it is taking steps to protect law-abiding gun owners.

Justice Minister Tyler Shandro announced a couple of regulatory changes to firearms in the province.

First, as of January 1, 2023, the Alberta Crown Prosecution Service (ACPS) will handle charges involving the federal Firearms Act, taking over from the federal government.

Shandro has written to his federal counterpart, David Lametti, informing him of the change. Provinces have the constitutional authority to handle Criminal Code matters, including charges related to the Firearms Act.

He says the ACPS has the tools and expertise needed to enforce this legislation.

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“By taking back our constitutional jurisdiction, we are not only asserting Alberta’s rightful place in Confederation but also better serving Alberta’s law-abiding firearms community. Most importantly, Alberta can ensure that resources can be prioritized to go after violent and repeat offenders – not otherwise law-abiding Albertans.”

The second announcement from Shandro involves directing the ACPS to determine whether or not criminal charges for the possession of banned firearms should be pursued.

According to a media release from the provincial government, the protocol states that it will not be deemed to be in the public’s interest to proceed with prosecuting a charge of possession of banned firearm when:

• The accused lawfully obtained the firearm or prohibited device prior to May 1, 2020.
• The firearm or prohibited device was reclassified as prohibited on May 1, 2020.
• The accused has not been charged with any other offences related to the possession or use of that firearm.

The federal government announced in May 2020 that it would be banning more than 1,500 types of “assault-style” firearms and is still working on enshrining a definition of assault-style into law.

In October 2022, Ottawa implemented a freeze on the sale, purchase, and transfer of handguns.

READ MORE: Trudeau announces ban on 1,500 types of ‘military-style’ guns

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Shandro says the last straw for him occurred one month later when the government introduced amendments to Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms). It banned certain types of shotguns and rifles.

“Taken all together, these actions will criminalize hundreds of thousands of Canadians overnight, the majority of which reside in Western Canada. It’s becoming increasingly clear that the federal Liberal government is pursuing a strategy to ban all legal firearms ownership,” says Shandro.

READ MORE: First Nations leaders reject Trudeau’s proposed gun law, citing risk to treaty rights