FIREARMS ACT DOESN’T AUTHORIZE THE RCMP TO TRACK 459,538 CONVICTED CRIMINALS PROHIBTED FROM OWNING FIREARMS BY THE COURTS
By Dennis R. Young – January 24, 2020 – Comment on RCMP Commissioner’s Firearms Report for 2018 [Date modified: 2020-01-22]
RCMP no records response to Access to Information Act request file: A-2016-02502
UNKNOWN: the numbers and types of guns used in crime;
UNKNOWN: where the crime guns came from;
UNKNOWN: the number of persons charged with providing the crime guns to persons charged with the crime;
UNKNOWN: the number of crime guns that were registered and unregistered;
UNKNOWN: the number of licensed gun owners that were charged with the crime committed with the crime gun or for providing the crime gun to the perpetrator;
UNKNOWN: the number of licensed gun owners that were charged with ‘careless storage’ of their firearm after having their firearm stolen from them; and
UNKNOWN: the number of crime guns that were located and identified using the Canadian Firearms Information System (CFIS).
Selected comments on the definition of “crime gun” By Gary A. Mauser and Dennis R. Young – January 2020
Statistics Canada Recommendation 4: That the Police Information Statistics Committee of the Canadian Association of Chiefs of Police together with the Special Purpose Firearms Committee develop a standardized definition of crime-gun and review the current definition of a firearm related offense in the UCR against this standardized definition to ensure consistency.
B.C. INFORMATION COMMISSIONER’S FINDINGS: VANCOUVER PD DOESN’T KEEP STATISTICS ON ‘CRIME GUNS’
The VPD even tell the Office of the B.C. Information Commissioner: “There is no such definition within the VPD or NWEST.”
Letter of Findings by the Office of Information and Privacy Commissioner of B.C. dated January 6, 2020 – Vancouver Police Department File FOI 19-0222A
NWEST ‘CRIME GUN’ DEFINITION: The 2014 Annual Report prepared by the Canadian Firearms Program, Firearms Investigative & Enforcement Services Directorate (FIESD), Firearms Operations and Enforcement Support Unit (FOES) NWEST and the RCMP rely on a new FIESD definition of a “crime gun”: A firearm is a crime gun if it meets any one of the following criteria: “any firearm that is illegally acquired, suspected to have been used in crime (includes found firearms), has an obliterated serial number, illegally modified (e.g., barrel significantly shortened). (Page 10 of the 2014 FIESD Report). https://canadafreepress.com/article/critique-of-canada-firearms-program-2014-fiesd-annual-report
RCMP Response to Access to Information Act File: A-2019-04738 dated December 31, 2019
EXCERPT: “1. 5. The Emergency Management Act(RSA 2000) has significant emergency powers in sections 19(1) (b) to (k) that can be accessed through section 21(1) (Declaration of state of Local emergency) which may be used to prevent, respond to or alleviate the effects of an emergency/ disaster within a local authority’s jurisdiction. 1. 5. 1. These powers cannot be utilized unless a declaration of a state of local emergency is formally made and, as such, it is important the RCMP be involved in the development of a declaration of a state of local emergency and any subsequent operational / evacuation plans. 1.5.2. The powers include: • Authorize the entry into any building or land by any person in the course of implementing an emergency plan or program: authorize the entry into any building or on any land, without warrant, by any person in the course of implementing an emergency plan or program;” [Emphasis added]
QUESTION #1: How does a provincial law take precedence over each person’s rights under the Charter of Rights and Freedoms?
QUESTION #2: How does this policy prevent another door-kicking spree that cost taxpayers $2.45 million in damage claims against the RCMP?
RCMP BRIEFING NOTE TO THE MINISTER: RCMP USE OF CELL-SITE SIMULATOR TECHNOLOGY – SEPTEMBER 11, 2017
Report on Privacy Act Complaint by the Privacy Commissioner of Canada dated August 16, 2017
• Finding 47: However, in the 6 instances where warrants were not obtained, we have already determined that the collection of personal information constitutes a contravention of section 4 of the Act as it was not lawfully collected.
• Finding 61: We note, however, that the complainant’s primary concern was that the RCMP initially would not confirm that it was using cell site simulators. This lack of transparency lead to serious concerns about the capabilities of these devices and how they are being used . We strongly encourage the RCMP to continue to make efforts toward openness and accountability in terms of the technologies it employs in its law enforcement activities and the legal authorities it relies on for the use of those technologies.
• Appendix C – RCMP Cell Site Simulator Policy on Mobile Identification Activities – Interim Policy 2017-06-27
PUBLIC SAFETY: VERIFYING THE SOURCE OF MINISTER BLAIR’S STATEMENTS ON STRAW PURCHASES
Public Safety Access to Information File: A-2019-00184 dated December 16, 2019 – Received December 20, 2019 by Dennis R. Young
93-PAGE ATIP RESPONSE INCLUDES:
• A Dialogue on Handguns and Assault Weapons: Engagement Paper – October 2018
• 2019-18 National Strategic Firearms Threat Assessment: Presentation to the Canadian Firearms Advisory Committee – February 20, 2019
• Firearm-Related Crime in Canada, Canadian Centre for Justice Statistics: Presentation to the Canadian Firearms Advisory Committee – February 20, 2019
• Firearm-Related Crime in Canada, Canadian Centre for Justice Statistics: Presentation to the Canadian Firearms Advisory Committee – August 30, 2019
• Feasibility Study on Collecting Additional Data on the Criminal Use of Firearms – Funding Request by Canadian Centre for Justice Statistics – Undated
• Assessing The Feasibility Of Additional Data Collection On The Criminal Use Of Firearms: CACP Police Information Statistics Committee – Undated
• Assessing The Feasibility Of Collecting Additional Firearms Data: Consultation Document – Canadian Centre for Justice Statistics – December 2018
Total Audio and Video Intercept Authorizations Approved = 28,001. Total Convictions = 570
Letter from RCMP Commissioner to Minister of Public Safety dated April 13, 2017 – ATIP Response File: A-2018-00372