Self Defence Law: Justice Minister Rob Nicholson Says Bob Rae Can't Recognize Victims In Dispute Over Warning Shots

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First Posted: 02/ 9/2012 5:36 pm Updated: 02/10/2012 10:40 am

OTTAWA - Standing up for victims has clashed with the issue of public safety over the issue of warning gunfire.

Justice Minister Rob Nicholson raised some eyebrows earlier this week by agreeing that firing shots over the heads of thugs and thieves may be considered reasonable under a proposed new law.

Nicholson's musing prompted an angry exchange Thursday during question period.

"What is he going to say to the family of the little girl crossing the road down the street when somebody fires a warning shot at somebody entering their property?" interim Liberal Leader Bob Rae demanded of the justice minister.

"Does he not understand the danger of promoting vigilante justice in our society?"

Nicholson fired back that Liberals can't figure out who are the real victims of crime.

"If people are coming onto other people's property to set fire to their car, breaking into their house or attacking their family, those are the bad guys," said Nicholson.

"Why can the Liberals not ever figure that out? How come they cannot figure out who the real victims are and stand up for them for a change?"

The heated to-and-fro comes as the Conservative government is proposing to simplify and expand the Criminal Code sections that cover citizen's arrest, self defence and defence of property.

During an appearance Tuesday at the House of Commons justice committee, Nicholson agreed with a question from Tory backbencher Brian Jean that firing a warning shot over the head of a repeat thief coming onto a rural property to steal an all-terrain vehicle would be "reasonable" under the circumstances.

His comments were not welcomed by groups representing the legal profession and front-line police officers.

Eric Gottardi of the Canadian Bar Association said it was "particularly unfortunate" that Nicholson chose to endorse even the concept of warning shots — especially at a time when the government is expanding the notion of citizen's arrests.

Jean, a Fort McMurray lawyer, said in an interview Thursday that brandishing a weapon was the kind of thing that happened when he was growing up in the rough northern Alberta resource city.

But people who raised guns or fired them to ward off thieves often ended up before the courts, said the Tory MP, which usually found such use of force was not reasonable.

"I think that is reasonable now, to be able to take a step beyond what you would expect others to do," said Jean.

Representatives of the CBA and the Canadian Police Association told the justice committee Thursday that increasing the latitude for citizen's arrests could endanger the public.

Jean, part of the Conservative majority on the committee, said the witnesses seemed to be saying "there was a duty so step away and allow people to steal things."

"I don't think that duty exists. I don't think it's ever existed and I think it's ludicrous."

Asked about Nicholson's comments on warning shots, Jean responded: "I actually think this legislation will clarify the law for Canadians and it'll make criminals stay away. I think criminals will take it more seriously now."

While criminals might be deterred by the increased prospect of meeting a gun-toting property owner, Jean did not agree that gun owners will be emboldened by the very same law.

"To go to the next step and take a weapon out and fire it is a big, big step for people, even in rural Alberta. People don't do that," said Jean.

"They don't brandish weapons that are loaded at anybody. And I would suggest very, very few people would fire a weapon. And a lot fewer would fire at somebody trying to run away."

Jean added that shooting over the head of a fleeing thief is out of bounds.

"Firing a weapon at somebody that's trying to escape with a quad (ATV), that's not acceptable. That is not reasonable in the circumstances. And I can't imagine any judge in any province or territory in this country agreeing that would be a reasonable use of force or a reasonable defence of property."

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  • What does this new bill on the gun registry do?

    We keep hearing about scrapping the long-gun registry, but really what we're talking about is scrapping the requirement for people to register their rifles and shotguns - that's what Bill C-19 aims to do by making amendments to the Criminal Code and Firearms Act. Once passed, people will not have to register their non-restricted or non-prohibited firearms. It also provides for the destruction of existing records in the Canadian Firearms Registry for those firearms. <em>With files from CBC</em>

  • What exactly is the registry?

    It's a centralized database overseen by the Royal Canadian Mounted Police that links firearms with their licensed owners. It contains information about all three types of guns that must be registered - non-restricted, restricted and prohibited. (All firearms must be registered.) To register a firearm, you have to have a licence to possess it.

  • Does the bill make any changes to licensing requirements?

    No. Canadian residents need a licence in order to possess and register a firearm or ammunition and that won't change. There are a couple of different kinds of licences because of various changes to laws and regulations over the years.

  • What are long guns?

    There are three types of guns under Canadian law: non-restricted, restricted and prohibited. Most common long guns - rifles and shotguns - are non-restricted but there are a few exceptions. A sawed-off shotgun, for example, is a prohibited firearm. A handgun is an example of a restricted firearm. Different regulations apply to different classifications of firearms.

  • How many guns are we talking about?

    As of September 2011, there were about 7.8 million registered guns. Of those, 7.1 million are non-restricted firearms.

  • Why does the government want to get rid of the long-gun registry?

    The government says it is wasteful and ineffective at reducing crime and targets law-abiding gun owners instead of criminals, who don't register their firearms.

  • Who wants to keep it?

    Police and victims' groups are big supporters of the registry. Police say the database helps them evaluate a potential safety threat when they pull a vehicle over or are called to a residence. They also say it helps support police investigations because the registry can help determine if a gun was stolen, illegally imported, acquired or manufactured. This year, the RCMP says police agencies accessed it on average more than 17,000 times a day.

  • When will the registry cease to exist?

    The government has passed the legislation and the registry no longer exists. Except for in Quebec, where an ongoing court challenge means the owners must still register their guns in the province.

  • Why does the government want to destroy the records?

    The government is doing this to ensure that no future non-Conservative government can recreate the registry. Public Safety Minister Vic Toews has also made it clear that if any province wants to set up its own registry it would get no help from the federal government. The Conservatives are so fundamentally opposed to the existence of the records, because they say they focus on law-abiding citizens instead of criminals, that they don't want them available for anyone to use.

  • How much does the registry cost?

    The registry cost more than $1 billion to set up in 1995 and the cost was the source of much controversy. Public Safety Minister Vic Toews said on Oct. 25 that the government's best estimate is that it costs about $22 million a year to operate. That's the entire registry, not just the long-gun portion, but he noted most of the guns in the registry are long guns. He said he didn't know how much money scrapping the requirement to register long guns would save the government. Conservative MP Candice Hoeppner says there are also "hidden costs" that are borne by provincial and municipal police agencies to enforce the registry.

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HUFFPOST SUPER USER
Tyler Austin
Women = people. Corperations ≠ people.
03:32 PM on 02/12/2012
My warning shot is into the targets centre line. Rae just won this arugement hands down and Nichleson whines about hwo the Liberals are out of touce.
Ok, lets' test that theory.

Conservative party, please go speak with the polcie before you try any more 'tough on crime' crap. Ask them if they agree or disagree with the warning shot idea and if they want to be forced to waste time and effort chasing aging hippies with marijuhana joints.
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HUFFPOST SUPER USER
tnanimation
04:07 AM on 02/12/2012
Interesting spin on this article, but not unexpected from the decidedly right leaning Huffpost Canada. Mr. Rae's point is quite reasonable. Warning shots? What is this? The wild west? Mr. Nicholson's reply is also quite expected. Pandering to the extreme right wing gun lobby.
HUFFPOST SUPER USER
colpy
04:39 AM on 02/12/2012
Yep

Warning shots are a waste of ammunition.

If your life is in danger, your first shot should be fired at your assailant.

Idiots on the left want you to die to prevent any discomfort or anxiety to your attackers.

Look up Ian Thompson.
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Liz Wilson 2
“a small group can change the world
09:09 PM on 02/12/2012
Disappointing mischaracterization of people on the left considering your comments are often well considered.
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Spanky McFarlane
ILLEGITIMUS NON CARBORUNDUM.
07:07 PM on 02/11/2012
"Rob Nicholson Says Bob Rae Can't Recognize Victims In Dispute Over Warning Shots "

....& either will Mr. Nicholson if the 'warning shots fired penetrate a wall or dwelling & enter an unsuspeting bystander.
HUFFPOST SUPER USER
colpy
04:40 AM on 02/12/2012
I agree.

If you are in danger of death or serious bodily harm, shoot your attacker.
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Liz Wilson 2
“a small group can change the world
01:11 PM on 02/11/2012
Unfortunately there have already been many incidences of innocent bystanders caught in the cross fire. For Nicholson to ignore the potential for an increase deaths as a result of encouraging more people to shoot when threatened is either very short sighted or incredibly callous on this part.
HUFFPOST SUPER USER
colpy
04:42 AM on 02/12/2012
"Many"???? Name three. Or even one where someone was hit by a "warning" shot.

Shoot the attacker, though, is the reality.
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Liz Wilson 2
“a small group can change the world
02:19 PM on 02/12/2012
my point is that the more guns in the hand of people creating their own justice will result in more innocent people dying and I specifically said bystanders. I suspect that your warning shot death statistics will present themselves soon enough.

I will mention one very recent and obvious case in the unintended death of a 5 year old child from Hobbema, Alta - July, 2011.

I will list several examples of people killed by falling bullets or celebratory shots and several near misses. Although you may not want to accept those because they were not "warning shots" per se or because they didn't happen in Canada.


Jan, 2010, four year old Marquel Peters died in church from a bullet fired into the air two miles away.

December 22, 2011 Rachel Ydoer, 15 years old died from a falling bullet that was fired into the aire one and half miles away

December31, 2011 12 year old Diego Duran bullet didnt kill him but he has serious head trauma.


December 31, 2011 bullet went through the roof over her bedroom, bounced off the foot rest and landed a few feet from the crib where 9 month old Keira Marting was sleeping.

Point is, warning shots are undirected and will land somewhere - If death occurs would the warning shot shooter be innocent?
01:20 PM on 02/12/2012
take yr uneducated opinion and keep it! If some sociopath/psychopath/serial killer comes to my house and breaks in, with a weapon, I'm going to shoot them... and I'm a liberal! You have no idea what you are talking about... there are too many people, out there, without a conscience, and would like nothing more than for you to get rid of the guns and make it easier for them to do whatever they want. 5% is a big number, 4%sociopaths, 1% psychopaths, and a 100 serial killers, at large, at any given time. that's over 16 million people in America and Canada combined... take the guns away and watch the numbers of violent crime, rape and murder skyrocket!
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Liz Wilson 2
“a small group can change the world
09:35 PM on 02/12/2012
What is the number of gun owners and how many guns are out there now? Don't you think we need to add scared people who own guns to this list of potential killers.

I dont think there is any true evidence that violent crime, rape or murder is being held in check because more people have guns. Its pretty hard to measure what has not happened.

Further if there are 16 million potential murderers out there than it is an even greater reason to take as many guns out of circulation as possible just to minimize the access if for no other reason.

Further, Businessweek July 2912 was had an interesting article indicating that the business leaders score alarmingly high on the psychopathy scale. They are not out there with guns skulking in the corner. they are killing off our jobs instead.

To help us all sleep a little better tonight, not all sociopaths or psychopaths turn to deadly violence in their expression of anti-social behaviours. The majority are content with petty crimes such as painting graffitti on garage doors.


One very last comment - one symptom common to sociopaths and pyschopaths is callous unconcern for the feeling of others. Clearly by this definition left leaning thinkers cannot be categorized as anti-social - but what about those who make fun of the lefties because we might show compassion for others?
02:01 PM on 02/10/2012
Rae is such a bleeding heart, at the end of the day, he is still a socialist with a active interested in protecting the rights of criminals.
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HUFFPOST SUPER USER
tnanimation
04:10 AM on 02/12/2012
You make no sense. Instead of knee jerk replies, consider this; suppose you are walking outside of your house, police fire 'warning shots' near criminals running past you. My guess is a change of underwear would be in order for you shortly.
HUFFPOST SUPER USER
colpy
10:51 AM on 02/12/2012
Neither police nor armed security officials fire warning shots if they are properly trained. They challenge vocally, and when the threat becomes apt to cause death or grievous bodily harm, the shoot the attacker centre mass.
HUFFPOST SUPER USER
Tyler Austin
Women = people. Corperations ≠ people.
03:34 PM on 02/12/2012
So... he's protecting criminals by suggesting that the gun owner should shot them rather then fire a warning shot?

Swign an' a' miss Casey.
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HUFFPOST SUPER USER
Jerry Bourbon
10:50 AM on 02/10/2012
Only in Canada would defending yourself against people trying to FIREBOMB you get you, and not them, in trouble.