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articles by Constable Gayden
When confusion is King
honour
and justice sweep the floor…
By
John A. Gayder
This article was published
during 1999-2000 in Canadian editions of Safari Times under a column
called
"Jag: thoughts from behind the badge".
The
Alberta Police Association recently requested the formation of a special squad
to prevent criminals from getting firearms.
They should be careful what they wish for. The Ontario Provincial Weapons Enforcement Unit started out
with what sounded like a similar worthy, "tough on crooks" goal, but
in many cases now seems to have ended up being a danger mostly to legitimate gun
owners.
It
will always be easier and safer to generate charges from a socially unpopular
group (hunters and gun owners) who dutifully register themselves according to
the law, than from violent gangs who live outside it. Current gun laws are so convoluted and complex, it is very
easy charge even the most careful and honest gun owner with something – there
bye inflating charge statistics to prove what a great job the unit is doing.
If
such a task force is raised in Alberta it will require a closely worded mandate
and careful monitoring. The
potential for mission creep and hokey paperwork charges against people who pose
no threat to anybody in order to justify continued existence and increased
funding is enormous with this sort of unit. Unless kept on a short leash, units
like this can quickly ruin the public confidence and trust in the police.
Of
course, ruining public trust and confidence in the police seems to be what the
new Firearms Act does best.
Having
had a chance to hear first hand public concerns about the Act I would say
trouble is definitely brewing. Ask
the next police officer you see to explain the new Act. You will probably be referred to the area Firearms Officer,
or to the Canadian Firearms Center (CFC). I
have seen evidence of this unfold many times in local coffee shops and shopping
malls. It usually goes like this;
an officer is taking a coffee break when he is approached by a member of the
public. The citizen asks, “Excuse
me sir, can I ask you a question?” “Sure,” replies the officer. “I’ve
heard that I will not be able to will the pistol my grandfather brought back
from WW2 to my son, is that true?” The
second the officer realizes that the inquiry is about gun law, his or her eyes
usually roll. At this point an honest officer will say he doesn’t know, and
refer the person to a hopefully competent source.
In any event, a definitive answer is rarely given.
Many times a wrong answer is. These painful scenarios are an
embarrassment to the profession.
A
sure sign of overly complex law is when a police officer is asked simple
questions about it and he or she cannot readily provide an answer. To make
matters worse, even paid employees at the CFC - people who are supposed to be
experts - are often unable to readily explain it. How can the police be expected
to credibly enforce a law when they do not even understand it?
What will happen to a citizen who follows incorrect advice from a
supposedly trustworthy source?
Biography of the author and disclaimer: (See attached Curriculum Vitae for additional info)
The author has been a Constable for eight years with the Niagara Parks Police in Niagara Falls, Ontario. The views expressed in this article may or may not represent the official position of his employer.
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