National Post Op-Ed: Denying law-abiding citizens their rights

From here – http://fullcomment.nationalpost.com/2011/10/17/solomon-friedman-firearms-laws-deny-law-abiding-citizens-their-rights/
Firearms laws deny law-abiding citizens their rights
Solomon Friedman
National Post
The Conservative government has pledged to scrap the long-gun registry, a move welcomed by Canada’s law-abiding firearms owners. It is unfortunate, however, that the discussion has focused exclusively on the long-gun registry. All the involved parties — politicians, policy makers and commentators — are missing the forest for the trees. In fact, the long-gun registry is the least offensive portion of the Firearms Act and related legislation and regulations. Of course, it is overly expensive, wasteful and there is no evidence of improved public safety. But at least its constitutional.
Other provisions of the Firearms Act are far more problematic and seem to run directly counter to the most fundamental freedoms at the heart of our democracy.
A fellow who has been involved in shooting sports for nearly three decades to me, “All I want, as a law-abiding gun owner is to have the same rights as any convicted criminal.”
The right to silence. The presumption of innocence. The right to be free from unreasonable search and seizure. The right against self-incrimination. These guarantees are centuries old, the product of hard-won struggles and well-established jurisprudence. And most people simply take them for granted.
Canadians know that the police require a warrant to search their homes. No warrant, no entry, they assume. Moreover, the public is well aware of the notion that, in order for the police to enter your home, violate your privacy and examine your personal belongings, they must demonstrate reasonable and probable grounds to believe that a criminal offence has been committed or that evidence of an offence will be located during the search. That’s true of course, unless you are a licensed owner of a registered firearm: Deer gun, bird gun or Olympic competition .22 caliber rifle — it doesn’t matter.
Anyone with a firearms collection is subject, under the terms of the Firearms Act, to an inspection of their home by a “firearms officer.” Failure to comply with an officer’s direction is a criminal offence. Moreover, anyone who owns even a single firearm is obligated, again on penalty of criminal charge, to produce their firearm for inspection on demand. Papers, please!
Canadians are also familiar with the right against self-incrimination and its legal Siamese twin, the right to silence. In a justice system which is founded on the presumption of innocence, the notion that the state can coerce an individual into participating in his own prosecution is both foreign and offensive.
Except of course for the licensed owners of registered firearms. The Firearms Act requires gun owners to give “all reasonable assistance” to peace officers and firearms inspectors. Where ordinary suspected criminals correctly have the right to refuse to assist the state in building a case against them, gun owners are denied that critical freedom.
The gun control scheme also reverses the burden of proof which is at the heart of our common law system.
For most offences, the Crown must prove each element of the charge beyond a reasonable doubt. The exception to the rule? Individuals are presumed to be in illegal possession of firearms unless they provide proof of licensing and registration. The state does not have to prove that the firearm is possessed illegally; the individual must prove that it is possessed legally.
Notice that there is no requirement that the police must suspect that the gun owner committed a crime. There is no need for even the most remote allegation of violence, personal instability or criminal intent. Simply by being a licenced gun owner, a “crime” committed by nearly two million Canadians, one is forced to surrender fundamental freedoms.
Now of course, there is one class of individual who is exempted from these draconian provisions. You see, to receive a firearms license and legally acquire firearms in Canada, one must pass an exhaustive background check. References are called, spouses are consulted, criminal histories are queried.
Naturally, individuals with serious criminal records are denied firearms licenses. They are thereby essentially exempt from the onerous requirements of the Firearms Act and its Regulations. Only law-abiding citizens are subject to its provisions.
Canada’s entire system of gun control laws is badly in need of review, repeal and reform, so that lawful gun owners are not denied the same democratic rights as any other citizen of our country. Wasteful and inefficient as it may be, the long gun registry is merely the tip of a deep and dangerous iceberg.
National Post
solomon@edelsonlaw.ca
Solomon Friedman is a criminal defence lawyer from Ottawa who specializes in defending firearms-related charges.