History is being made by Alberta’s government as it takes a stand against Bill C-21. .The attorney general directed jurisdiction over the handling of charges under the federal Firearms Act be taken over by Alberta’s Crown prosecutors..In May 2020, the federal government passed an order-in-council to ban more than 1,500 types of firearms. This ban took effect that same day..An amnesty period allows individuals to possess banned firearms until Oct. 30, 2023. After this date, individuals can face criminal charges for possessing a banned firearm..Currently, the federal government handles cases involving the federal Firearms Act. However, provinces have the constitutional authority to handle federal criminal law charges, including charges related to the act. .With resources in place and the constitutional authority to deal with these matters, Alberta Attorney General Justice Minister Tyler Shandro directed the Alberta Crown Prosecution Service handle charges involving the Firearms Act starting Jan. 1..“As government, we do all we can to ensure the safety of Albertans. The federal government’s firearm ban does not stop illegal guns from crossing the border and making it into the hands of criminals. Instead of targeting criminals, the ban targets law-abiding firearms owners," Alberta Premier Danielle Smith said..“Taking back Alberta’s constitutional jurisdiction and the authority to handle charges under the Firearms Act is one more way our province is pushing back against federal overreach.”.Shandro sent a letter to the federal minister of justice informing him Alberta will be taking back constitutional jurisdiction for charges related to the federal Firearms Act..“Alberta has the expertise and the ability to handle Firearms Act matters. 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,” Shandro said..“Most importantly, Alberta can ensure that resources can be prioritized to go after violent and repeat offenders — not otherwise law-abiding Albertans.”.On May 1, 2020, the federal government banned more than 1,500 types of firearms and put an amnesty in place until October 2023. When that amnesty expires, otherwise law-abiding Albertans could face jail time under the Criminal Code simply for possessing property they legally purchased..With Alberta taking back constitutional jurisdiction for handling charges under the Firearms Act, Alberta’s Crown prosecutors will now determine whether or not to pursue charges..While respecting operational independence on individual cases, the new protocol issued by the attorney general provides prosecutors with guidance on how to evaluate the public interest when determining whether or not to pursue charges. .“Albertans should not automatically be considered criminals because they own a firearm that was legally purchased and possessed,” Shandro said..“This new protocol for prosecutors will help prevent otherwise law-abiding individuals from facing criminal charges and potential time in jail. At the same time, law enforcement and prosecution resources can be prioritized for actual violent and repeat offenders while not further clogging our already busy courts.”.The protocol states that it will not be in the public interest to proceed with prosecuting a charge of a possession of a 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 steps our province is taking around providing guidance for Crown prosecutors will ensure public safety is taken into consideration when assessing whether charges against otherwise law-abiding citizens are appropriate,” Teri Bryant, chief firearms officer in Alberta said.
