Key Takeaways
- The Alberta government has introduced a motion to resist the federal government’s gun buyback program, deeming it an unconstitutional attack on the rights of Albertans.
- The motion asserts that firearms ownership falls under provincial jurisdiction and promises to use all legal means necessary to resist the federal initiative.
- The proposed legislation would prevent Alberta from participating in the implementation or enforcement of the federal policy and would provide guidance to Crown lawyers on prosecuting property owners who defend their property.
- The federal government has banned over 2,500 makes and models of assault-style firearms and has introduced a voluntary buyback program to compensate eligible businesses and individuals.
- The Alberta government believes that the federal buyback program does nothing to improve public safety and instead punishes law-abiding citizens.
Introduction to the Alberta Government’s Plan
The provincial government of Alberta has detailed its plan to fight the federal government’s gun buyback program, describing it as an unconstitutional attack on the rights of Albertans. The plan, unveiled in an order paper, asserts that firearms ownership falls exclusively under provincial jurisdiction. The Alberta Bill of Rights guarantees the right to acquire, keep, and use firearms, as well as the right not to have property taken without "just compensation." The motion promises to "use all legal means necessary" to actively resist the federal initiative.
The Federal Government’s Gun Buyback Program
The federal government’s ban on hundreds of assault-style firearms, which includes a voluntary buyback program known as the Assault-Style Firearms Compensation Program, has been met with resistance from the Alberta government. The ban, which was introduced in May 2020, has resulted in the prohibition of over 2,500 makes and models of assault-style firearms. The buyback program is designed to compensate eligible businesses and individuals who own such weapons, but the Alberta government believes that it does nothing to improve public safety.
The Alberta Government’s Opposition to the Federal Program
The Alberta government’s opposition to the federal program is rooted in its belief that the program punishes law-abiding citizens who have acted in good faith and have proven that they know how to follow provincial and federal law. Justice Minister Mickey Amery has stated that "turning previously legal firearms into prohibited ones does nothing to make our streets safer" and that the program "simply punishes those who have acted in good faith." The Alberta government believes that the program should focus on going after "low-life criminals" rather than law-abiding citizens.
The Proposed Legislation
The proposed legislation, which is part of the Alberta Sovereignty Within A United Canada Act, would prevent Alberta from participating in the implementation or enforcement of the federal policy. The motion would direct the Attorney General to regularly review directives issued to the Alberta Crown Prosecution Service relating to the prosecution of offences for possession of firearms and the right of all Albertans to use reasonable force to defend themselves in their own home. The motion would also direct Mike Ellis, the minister of Public Safety and Emergency Services, to take any necessary steps to prevent any police force or contracted RCMP police force from assisting with or participating in the federal program.
Guidance for Crown Lawyers
The proposed legislation would also provide guidance to Crown lawyers on prosecuting property owners who defend their property. Amery has stated that guidelines would make it absolutely clear that there is "no public interest" in prosecuting those individuals. The Alberta government believes that individuals should feel confident that they won’t be thrown in jail for defending themselves and their loved ones. The motion, if passed by the legislature, would ensure that the rights of Albertans are protected and that the federal government’s program is not enforced in the province.
The Amnesty Period and Potential Consequences
The federal government has introduced an amnesty period for the weapons ban, which will end on October 30, 2026. If individuals and businesses do not dispose or deactivate their prohibited firearms before this date, they risk being charged with illegal possession of a prohibited firearm. The Alberta government’s opposition to the federal program may provide some relief to individuals and businesses in the province, but it remains to be seen how the situation will unfold. The Alberta government’s plan to resist the federal program is a clear indication that the province is willing to take a stand against what it believes is an overreach of federal authority.
