Long-Gun Registry: Judge Extends Quebec Injunction

Posted: 04/13/2012 10:23 am Updated: 04/13/2012 6:24 pm

MONTREAL - A judge has extended a temporary injunction that will keep the long-gun registry alive in Quebec — for now.

Justice Marc-Andre Blanchard's ruling on Friday gives him more time to deliberate on the issue of a new injunction sought by Quebec that would allow for information to continue to be collected.

A written decision is expected sometime next week and until then the registry will continue to operate in Quebec.

The request for a new injunction is opposed by lawyers for the federal government, which doesn't want to maintain a system Parliament has voted to destroy.

It argues the provincial government should pick up the slack and collect its own data if it wants up-to-date records. But the province says that causes financial harm when a registry already exists and is operational.

Quebec wants to start its own registry using the federal data. It says it is entitled to information it helped gather, but Ottawa is refusing to hand over the information.

The federal government sent orders to its legal team to fight Quebec on the request for a new injunction.

The emergency order handed down last week after a request by the Quebec government safeguards the Quebec data and obliges people in the province to keep registering their weapons.

Blanchard wrote that given that serious legal questions remained unanswered, it was best to keep the status quo and maintain the registry as is.

He called the situation unique in Canadian law, as "each of the parties is claiming to be acting in the public interest."

"Maintaining the status quo permits the court to render a judgment without causing unreasonably prejudicing the rights of the two parties," Blanchard wrote.

He is expected to rule on another short-term injunction next week.

"Certainly, it's good news, it is the status quo for the time being," said Quebec lawyer Eric Dufour.

Federal lawyers declined to comment.

Earlier this week, a spokeswoman for Public Safety Minister Vic Toews said the government remains committed to ensuring the long-gun registry is scrapped for good.

"This injunction is temporary and doesn’t diminish our commitment to ending the long-gun registry once and for all," said Julie Carmichael.

"We are disappointed to see that contrary to the will of Canadians and of Parliament, the wasteful and ineffective long-gun registry is still alive."

Meanwhile, lawyers are preparing to argue the actual merits of the case over three days, beginning June 11.

The bill to end the federal long-gun registry, C-19, received royal assent on April 5, fulfilling a long-standing promise by the Harper government to decriminalize long-gun registration and eliminate the data.

Quebec is the only jurisdiction that has sought information from the registry.

Gun control is a major issue in Quebec.

The Ecole polytechnique massacre in 1989, where a gunman shot and killed 14 women, led the federal government to toughen gun laws.

And a mass shooting at Montreal's Dawson College in 2006 that left one girl dead prompted Quebec to be bring in new rules.

The mother of Anastasia De Sousa, who was killed during the Dawson shootout, said she's happy Quebec is battling for the information.

"The (federal) government should have just taken the law, made some amendments to it and make everybody happy while keeping the safety of all Canadians," said Louise De Sousa.

In 2008, Quebec introduced a law named after the slain De Sousa. It bans the possession of firearms in schools and daycare centres and on public and school transport.

Related on HuffPost:

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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.

FOLLOW CANADA POLITICS

MONTREAL - A judge has extended a temporary injunction that will keep the long-gun registry alive in Quebec — for now.Justice Marc-Andre Blanchard's ruling on Friday gives him more time to deliberat...
MONTREAL - A judge has extended a temporary injunction that will keep the long-gun registry alive in Quebec — for now.Justice Marc-Andre Blanchard's ruling on Friday gives him more time to deliberat...
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HUFFPOST SUPER USER
Mike Keohane
11:29 AM on 04/15/2012
Law abiding people should not be in state police databases and be subjected to the state police being allowed to barge into their homes without a warrant because they are in a database. If that's what the people of Quebec consider acceptable, then I suppose they can have their own gun registry at their own expense. I'm glad I don't have to live there.
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Brent Millar
When the going gets weird, the weird turn Pro
01:22 PM on 04/14/2012
"We are disappointed to see that contrary to the will of Canadians and of Parliament, the wasteful and ineffective long-gun registry is still alive"

What absolute claptrap. This is not the will of Canadians, nor the vast majority. It is the will of a minority of Canadians, enacted upon by a Majority Government with an agenda. To say different is disingenous and is designed to steer the debate to one corner.
In other words, their lying, again.

This Registry in no way impugnes anyones Charter Rights, nor their right to possess long guns. You register your car, does that mean, according to these sophists, that the Government wants to take your car away? Does in any way criminalize driving?

The simple answer to both questions is: NO

But stir up the fear in the mouthbreathers that registering their long guns somehow makes them criminals and they fall in lookstep with the Conservative talking points.

If it's a gun, long, short, tall, or fat it's a weapon that can kill, and hence like all other guns in this country it needs to be registered. If you think differently, then move to the country south of us. There is no room here for a bunch of whining, gun-toting misanthropes that don't understand basic logic.

And so you all know, yes it cost well over $2 billion. Shutting it down is costing more. That $2 billion is spent, gone, never to be seen again.
HUFFPOST SUPER USER
colpy
02:33 AM on 04/17/2012
"mouthbreathers".

I'll be sure to quote that to my three buddies that accompanied me on my last moose hunt.

Between the four of us, we had 10 university degrees. Two PhDs in History, a Masters in English, and myself, with two undergraduate degrees.

Mouthbreathers indeed!!!
07:36 AM on 04/14/2012
I don't have a problem with Quebec having information regarding Quebec gun owners, it won't save one life but it will keep alot of Quebecers employed. Now I know the police are constantly using this dadta base to find important information like what gun to take deer hunting or whats best to use for ducks, but other than that this is will always continue to be an attack on legal gun owners because there are a few idiots in society which of course didn't even use long guns but lets face it only honest people register their weapons not many gun men probably do that or are to worry about getting caught with an unregistered weapon after robbing a bank.
07:00 AM on 04/14/2012
I SALUTE MARC-ANDRE BLANCHARD

I am elated that Quebec judge Marc-Andre Blanchard has had the guts to stand up to Harper and make it crystal clear that the welfare of society is infinitely more important than the money of the arms industry whose lackey the Canadian prime minister shamefully proved to be.

Pandering to the arms lobby is proof not only of utter cynicism and venality but of the complete moral failure of the Canadian government, unique in our history in its contempt for the Canadian population.

For once I agree with the Charest government that submitted this corrupt abolition of the arms registry to the judicial branch that did its democratic duty.

This is a government which has proved of disservice to those who elected it.

Do we want more minors fatally hurt in gun play?
HUFFPOST SUPER USER
colpy
02:36 AM on 04/17/2012
Ahhh....there is only a tiny firearms industry in Canada.

The law is no longer a part of the Criminal Code of Canada, so no one can be charged under that law. Quebecers can ignore it with impunity.

The removal of the Long Gun Registration was the wish of the people.

It is called democracy....look it up.
11:18 AM on 04/17/2012
.. Harper has 40 per cent of the vote.

Those who voted for him didn't vote for the removal of the gun registry - at least in part.

Harper has little regard for regional sentiment and this may come back to haunt Canada.
08:42 PM on 04/23/2012
You do realize that this judge Marc-André Blanchard... just so happen to be the former Quebec Liberal party president... don't you?

You do realize that this judge Marc-André Blanchard... is not exactly impartial... He doesn't have the best interest of Quebecers in mind, just the best interest of the party who appointed him.
02:42 AM on 04/14/2012
guns have to be "registered". What the h is wrong with idiots who don't want long guns registered. Police chiefs were in favour of the long gun registry so why not tell them they don't know nothin, zip and Harperites know what's best.
HUFFPOST SUPER USER
colpy
02:37 AM on 04/17/2012
The Police Chiefs also opposed the Charter, and love the internet surveillance bill.
10:19 PM on 04/13/2012
Give Quebec the info and let them run their own ridiculous registry.

Who cares?
HUFFPOST SUPER USER
colpy
02:38 AM on 04/17/2012
Quebec firearms owners.
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piceaglauca
The picture says it all....
03:24 PM on 04/13/2012
The rate of gun homicide in Canada is statistically low and falling, yet public perception is that gun crime is rising. When Toronto, a city with 2.8 million people hit 52 gun homicides in 2005, it became "the year of the gun" in spite of the fact that the city had one of the lowest murder rates on the continent for a city of its size. Rates of homicide with guns are 6.7 times higher in the US than in Canada, and the US has 5.1 times Canada's rate per 100,000 of gun robberies.

Who keeps perpetuating the myths? (And American guns cause most of this.) What are we doing about it? Absolutely zero.
07:02 AM on 04/14/2012
Who tells you that murder statistics are truthful?
Maybe they are doctored to make authorities look good...
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piceaglauca
The picture says it all....
08:57 PM on 04/14/2012
I don't play devil's advocate.
12:38 PM on 04/14/2012
i general in in the well armed states murder and violent crime rates have fallen.
HUFFPOST COMMUNITY MODERATOR
unclelew
01:35 AM on 04/15/2012
And they're still way, way higher than Canada's rate — in fact, the highest in the First World.
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piceaglauca
The picture says it all....
03:22 PM on 04/13/2012
The data that are available show that the majority of traced handguns recovered from Canadian crime scenes originate in US. Another major source of illegal guns in Canada, and in many other countries is "leakage" from state stockpiles (police and military) through theft, corruption or other means. For instance, 'insiders' illegally sold over 3000 firearms recovered in crime or surrendered in amnesties to the Metropolitan Toronto Police Service.

What does Quebec plan to do in this regard?
03:10 PM on 04/13/2012
Maybe what the fed Govt should do is rebate the $2,000,000,000+ to the provinces based on population and if any province wants the data they dont get the money. Would be fair and would make this happen quickly, right now the delays are costing all Canadians $ and rifle owners a pain.
03:08 PM on 04/13/2012
I guess the 700 employees working on the gun registry are happy