Long-Gun Registry: Quebec Judge Extends Injunction To Preserve Info

Posted: 04/20/2012 1:20 pm Updated: 04/21/2012 5:22 pm

MONTREAL - A Quebec judge has granted an injunction that will keep the long-gun registry alive in Quebec until mid-June, when the legal battle between the province and Ottawa begins in earnest.

Justice Marc-Andre Blanchard's ruling on Friday extends the injunction until June 13, which is the third and last day of scheduled court hearings on the fate of the gun-registry information.

The decision means the registry remains operational in Quebec while safeguarding the information gathered over the years.

The province is attempting to use the data for its own gun registry, but Ottawa is opposed to relinquishing it.

Federal lawyers have opposed Quebec's injunction attempts, arguing the province should gather its own data if it wants to start its own registry.

Quebec has countered it would be too expensive to replace data from the federal registry and that it gathered the information in the first place.

The judge hearing the case has said he believes the case will eventually end up on the doorstep of the Supreme Court of Canada.

"It's an exceptional debate and is, according to the parties, a first in Canadian judicial annals," Blanchard wrote in his judgment.

"Two governments, democratically elected, propose diametrically opposed views of what constitutes the public good."

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

On that same day, Quebec received an emergency injunction that was extended a week later. The province is the only jurisdiction that has sought information from the registry.

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

Quebec Justice Minister Jean-Marc Fournier told a news conference Friday he was pleased with the favourable ruling.

"This is certainly a victory for Quebec and open federalism, of respect, equality and co-operation to which we adhere," Fournier said.

He used a hockey analogy to describe the approach to the June hearings.

"The last period of a game is always decisive, but it's always preferable to start the third period with a lead," Fournier said.

A spokeswoman for federal Public Safety Minister Vic Toews said the ruling doesn't diminish the government's commitment to ending the long-gun registry for good.

"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," Julie Carmichael said in an email.

"Bill C-19 is clear and our government will strongly oppose efforts to set it aside and will fight for as long as it takes to ensure the long gun registry is scrapped once and for all."

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.

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MONTREAL - A Quebec judge has granted an injunction that will keep the long-gun registry alive in Quebec until mid-June, when the legal battle between the province and Ottawa begins in earnest.Justice...
MONTREAL - A Quebec judge has granted an injunction that will keep the long-gun registry alive in Quebec until mid-June, when the legal battle between the province and Ottawa begins in earnest.Justice...
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02:55 PM on 04/25/2012
Contrary to Toews' assertion, the judge who extended the injunction ruled that the registry was usefull and cost efficient. That is the problem reformers will now face. This case will make its way to the Supreme Court, and at every rung judges will be giving their opinion has to the usefulness and cost-effectiveness of the registry. My guess is that like the present judge, those who have yet to weight in on this debate will contradict's Harpo's assertion that it constitutes a waste of taxpayers' money. Egg on their face for the reformers.
05:42 AM on 04/22/2012
How many crimes has the gun registry helped solve? It's been around for a while now so if is of any use in solving crime there must evidence one way or the other.
10:01 PM on 04/22/2012
It has never been useful to keep records of the activity of law abiding citizens.

It does make for a good show though...
01:04 AM on 04/24/2012
Both the Canadian Police Association and the Canadian Association of Chiefs of Police have spoken in support of the gun registry. They say it reduces the misuse of guns and makes it easier for police to track illegal guns. Police officers check the gun registry database about 6500 times a day, and use it to check whether they might expect to be met by a gun when responding to a domestic disturbance or break-in, to keep recreational guns out of the hands of the mentally ill, and to apply for search warrants and wire-taps.
06:08 PM on 04/21/2012
Simply they could have been intelligent and made long gun registration optional . Win Win for all . But nooo . Lets throw away whats already invested . Simply blind arrogance as far as I'm concerned .
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colpy
12:39 PM on 04/22/2012
Oh come on!
Exactly WHAT use would an "optional" registry be??? The idea is ludicrous.....

In fact, that is more or less the state of the old registry.......good people risked serious jail time to make it "optional" in effect if not in fact.

Best guess is only about 60% of long guns were ever registered.

Oh, and EXACTLY how is fulfilling a major election promise "blind arrogance"????
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fromdnorth
OK I checked my micro-bio (didn't know I had one
02:02 AM on 04/21/2012
The Registry was a tangible representation of our values to protect the unprotected and to display our abhorrence to violence. It is the Canadian way.

In the US gun-ownership and display has gone so far that "stand your ground" is accepted...

Most murders are committed in the West of Canada. Destroying the data protects Harper's supporters...
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colpy
12:42 PM on 04/22/2012
Don't you DARE tell me what the "Canadian way" is!!!!!

YOUR way is NOT my way, nor the way of the people of my acquaintance, nor the way of the 40% that voted Conservative, nor the way of the communities that expected their NDP MPs to vote against the bill, nor the way of the Liberal MPs whipped into submission, nor the way of anyone with an IQ larger than their hat size.

Such ARROGANCE!!!!!
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fromdnorth
OK I checked my micro-bio (didn't know I had one
08:43 PM on 04/22/2012
So your way is the Canadian way and vision is not?
10:09 PM on 04/22/2012
Your comment is not only arrogant and misinformed...it is dangerous.

In a free society Criminals and police are not the only ones with guns...law abiding citizens have rights too.

You and sheeple like you invite oppression in society...most murders are commited by criminals wlhether in the east or the west
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fromdnorth
OK I checked my micro-bio (didn't know I had one
01:50 AM on 04/21/2012
As Harper want to do with the gun registry, my hope is that when he is gone, the next government would remove every record of what he did and destroy it...
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09:32 PM on 04/20/2012
It's rediculous to think that the ability of people to get guns long, short or indifferent when we share a border with the Americans is rediculous if you want to give Quebec a billions dollars then do it. I would much rather take the 1 billion and invest it into policing and training we might actually get some safety benefit with more and better trained police officers than a billion dollar "Paper Tiger," that is not going to deter any Fool from doing harm with any oh yeah, "long gun," you see them all the time at robberies and muggings when they quickly pull out their cleverly disguised but fully Registered 308 bolt action.
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Tyler Austin
Women = people. Corperations ≠ people.
09:58 PM on 04/20/2012
This law is not suppsoed to prevent violent or profesional criminals from getting pistols. it was ment to prevent domestic violence.
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Bumpers car
Fish till you die
10:22 PM on 04/20/2012
And it hasn't. Britain found out that when it banned guns the violence was transfered to knives, clubs, actually anything at hand. People who are unstable will use anything from bath tubs to automobiles. Sad but true, when your mind is made up or you are out of control you can't be stopped by any law or legislation.
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colpy
12:45 PM on 04/22/2012
(sigh)

The dumbest argument ever.

ANYONE that wants a gun can get one illegally, there are literally millions of unregistered long guns floating around.

And perhaps you could explain how registering a gun PREVENTS it being used in domestic violence??
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HUFFPOST SUPER USER
murphyj87
05:35 PM on 04/20/2012
The Conservative government, though pretending to be "tough on crime" decided to allow snipers, long distance serial killers, and others who commit murder or wound with long guns a vast advantage in getting away with the crime by eliminating the long gun registry. Elimination of the long gun registry eliminates a way for police to know who owns the type of gun used to commit a crime, and, thus the Conservative government seeks to immunize long gun criminals from arrest.
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Bumpers car
Fish till you die
10:27 PM on 04/20/2012
Name 1 proven incident of sniping or serial killings using long guns in this country during the last 10 years. Name any sniper or serial killer caught who even owned a registered long gun. You have us confused with the "any warm body gets a gun U S". Once again the emotional and uninformed opinion is portrayed as fact.
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HUFFPOST SUPER USER
murphyj87
09:03 AM on 04/21/2012
Many Canadians believe as I do, that every gun in should be registered, which is one of the reasons that only 39.6% of voters voted for the Conservative agenda, and 60.4% of voters voted against the Conservative agenda by voting in favour of another party' agenda. Conservatives have a "second amendment" style plan in the works in their Americanization of Canada agenda, and the ablolition of the long gun registry (a registry that most Canadaians want) is the first step in their American-style pro-gun agenda..
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colpy
01:10 PM on 04/22/2012
When did you EVER hear of a Canadian murdered with a firearm from more than 100 yards away??? In fact, name me a SINGLE case of murder anywhere in which the victim was shot from more than 150 yards.

The "sniper" BS is another game by the anti-gunners.....oh so scary!, so a solution must be proposed for a non-existent problem.....

As a bonus, they get to ban scope-sighted bolt action rifles....the standard for hunting.....and for professional military snipers.

BTW, you can NOT go to the registry with a "type" of gun and trace it to a specific firearm, or even a group of firearms.......you know absolutely nothing about guns, the registry, or the law.....so you should probably spare us your uninformed opinion.
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4evercanadian
Still my guitar gently weeps
09:57 PM on 04/22/2012
I don't want to get into a disagreement about the registry since I don't really care one way or the other. I don't own a gun, have never owned one and wll never own one, but if you guys need one that's entirely up to you.

However, you ask for one incident where someone was killed at range with a long gun. There was the Mayerthorpe incident in 2005 where four RCMP officers were shot and killed with a Heckler & Koch 91, although I don't know the range.
10:15 PM on 04/22/2012
I feel sorry for you man

You have some seriously misinformed head cases in Canada
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WeeTadBit
04:58 PM on 04/20/2012
"Ottawa argues Quebec should 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."

Prime example of a government that is foolishly stubborn, insensitive, and unjustified in its unwillingness to accommodate.

When they scrapped the registry, they got their cake, and now refuse to offer up the last crumb. Behaviour which is morally corrupt, and cringe-worthy.
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haddanuff
Progressives think 'We' while cons think "Me"
10:19 PM on 04/20/2012
Perhaps the harpe(R) regime is trying to protect the names of their gun totin' electorate.
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WeeTadBit
10:29 PM on 04/20/2012
What is disturbing is the lobbyists and corporations who have "bought" their conscience.
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03:12 AM on 04/22/2012
Perhaps there trying to protect the names, privacy, and property rights of honest law abiding citizens.
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colpy
01:10 PM on 04/22/2012
The registry is not operational.
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Peacefrogg
04:28 PM on 04/20/2012
Good for Quebec, as long as they are willing to foot the bill for the biggest government scam (gun registry) i have no problem with that.
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turkeylurky
Just keepin it real........
04:35 PM on 04/20/2012
Quebecs equalization payments from Alberta will cover the extra cost..
Is this a great country, or what?
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shediac
05:18 PM on 04/20/2012
Yup while the rest of Canada, and the world, covers the extra health care cost because of the worst polluters in the world!
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opprobrious
More speech. Less Flagging.
04:15 PM on 04/20/2012
And my tax dollars are going to this? Give them the data.
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colpy
03:45 PM on 04/20/2012
So....the injunction prevents the Federal gov't from destroying the registry data until June.

But it seems NOTHING prevents Quebecers from burning their registration cards, as the requirement to register does NOT exist anymore in the Criminal Code.

How can one possibly be charged for violation of a non-existent law?
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Tyler Austin
Women = people. Corperations ≠ people.
03:29 PM on 04/20/2012
I'm so sick of the 'long gun registry dosen't stop crime' arguemnt. Ya I know most gangbangers down inToronto don't use legal shotguns or rifes, they use pistols mostly. And ya I know that those guns are either stolen from legal owners like myself or smuggled and never registered anyways.
The long arm registry was never ment to do is save lives in doemstic siturations.

According to a Canadian Centre for Justice Statistics report on weapons and violent crime, between 1985 and 1994, the leading method used to kill a female spouse was shooting (40% of all female spousal homicides). The second leading method was stabbing (25%), followed by beating (18%), and other means (17%) http://www.rcmp-grc.gc.ca/cfp-pcaf/res-rec/violence-eng.htm

Remember that the Long Arms registry was created after the École Polytechnique massacre.

Ya it's been a huge money sink, either through sabotage or gross incompetance, but it does save lives each year by preventing suicides, spousal murder and acts as a shield in domestic intimidation.
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turkeylurky
Just keepin it real........
04:38 PM on 04/20/2012
Yah, 'cause those intent on killing or commiting suicide would never use a registered weapon.
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Tyler Austin
Women = people. Corperations ≠ people.
10:02 PM on 04/20/2012
Yeah, but thing is there's usally warning signs before they do the deed.

Oh I'm sorry, that thought process has two seperate parts ot it, no wonder you had trouble.
You ever read your 'firearms safety booket' that you need to memorize to get a PAL/buy and new firearms in Canada? (I assume you're a gun owner, you seem to be "such" an expert on the subject) You'll note that there are given scenarios in it where the RCMP spell out how the registry could prevent suicides.
So hey, take your case up with them.
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03:45 AM on 04/22/2012
The registry does not prevent spousal homicides at all. That is what the PAL is for. If the ones conjugal partner does not give a good reference, then no guns for you. If there were no guns available, then the statistics for the other means (stabbing, beating, miscellaneous) would only go up.

Yes it was disgusting that that the some low life politicians found away to capitalize on the École Polytechnique massacre.
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02:49 PM on 04/20/2012
Let Quebec pay the federal government for the information if they want it. It's expensive for Quebec to do it, so you should just give it them. No. Let them pay for their own pet projects for once.
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Tyler Austin
Women = people. Corperations ≠ people.
10:03 PM on 04/20/2012
Pay for information?
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01:58 PM on 04/21/2012
Yes, that's what I said.
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Add In Canadia
Egotism is a weakness
02:41 PM on 04/20/2012
Hundreds of millions of dollars spent on a database that has not proven to prevent a single death in it's entire existence, and people still want to keep throwing money into the abyss.

Sure it was accessed thousands of times a day, but I suspect that was accessed automatically anytime the police ran a name through any search they did on drivers licenses during traffic stops. It never yielded any useful or practical information, and it's telling because the best argument anyone has ever come up with was "The police used it every day" but never could say to what ends.
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CanuckistanCommie
I ain't no Commie but Pat Buchanan thinks so!
03:15 PM on 04/20/2012
We are required to register our vehicles. Why? So that when something does happen and it involves your vehicle, the police can track it and you down.
One can argue, well someone could have stolen it. Yes, but it still puts the police on the track of evidence. If your vehicle is stolen, they have the means to find it.
Why should guns be treated differently?
What is now going to stop a "legitimate" gun owner from simply selling their gun who they may or may not know should not possess one?
Why do you think that there is such a proliferation of weapons in the US?

And I have asked police when I do bump into them as to their feelings towards the registry and the response has been the same.
They would like to have it because they DO use it to determine the level of safety in certain situations. They do not want to feel it necessary that they need to draw their weapons on every call they make to a home.
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Spanky McFarlane
ILLEGITIMUS NON CARBORUNDUM.
03:34 PM on 04/20/2012
The biggest lie perpetrated on the public & Gun Owners is the fact that the largest portion of the Cost of the Registry will still be borne by the requirements for training ,& testing, licencing etc.
Entering a number into a Computer data base & maintaining it was not the cost driver of the LGR although the Cons said it was.
Now that we can look forward to seeing high powered rifles sold at 'flea markets' without recourse to whom ever I think the public will begin to realize just what the Harper Governent although having a 'Safety Minister' has actually done for them.
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Tyler Austin
Women = people. Corperations ≠ people.
03:20 PM on 04/20/2012
Yes it has saved lives. To say that it hasen't is a gross misstament.
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12:39 AM on 04/21/2012
Who's life was saved?