Parliamentary Committee Notes: Proposed Red and Yellow Flag Measures in Bill C-21

Date: August 2023
Classification: Unclassified
Branch / Agency: CPB

Key Messages:

Background:

Family violence such as gender-based violence and intimate partner violence (IPV) can have long-lasting and negative health, social, and economic effects that span generations. Police-reported data shows that rates of IPV increased by 14 per cent between 2014 and 2019, marking a fifth consecutive annual increase. Additionally, while rates of intimate partner homicides have generally decreased during the last 20 years, it remains a highly gendered form of crime with women accounting for about 8 in 10 (79.5 per cent) of those killed by a partner from 2014 and 2020 (458 of 576 victims), or one woman every 6 days.

Studies of IPV, including intimate partner homicides, show that firearms are used to threaten, intimidate and injure victims. Firearm-related IPV is also five times more likely to be lethal than types of IPV not involving a firearm. One in four (685, 25%) female victims of firearm-related crime were victimized by an intimate partner compared to 125 (3%) of male victims. The majority (83%) of male victims were victimized by a stranger, with the remaining by a friend or casual acquaintance. Indigenous women in Canada are also more likely to experience IPV in their lifetime compared with non-Indigenous women.

A Statistics Canada report shows that from 2011 to 2021, nearly one-quarter of murdered women and girls died by firearm. When examined geographically, 18% of female homicide victims in urban areas died by firearm, whereas in rural areas it was 33%. For Indigenous women and girls, one in six who were murdered were killed by a firearm in this same time period.

The leading cause of fatal firearm injuries is self-harm. Between 2000 and 2020, 73 per cent of all firearms deaths in Canada were suicides and 96 per cent of were committed by males. The average annual number of suicides by firearms in that same period is 583.

"Red Flag" Law - Weapons Prohibition Order

Bill C-21 proposes a “red flag” regime under the Criminal Code, which would allow any member of the public to apply to a court for a temporary order (up to 30 days) to remove firearms from an individual who they believe may pose a danger to themselves or others.

For instance, this measure could be used if there are concerns about a firearms owner possibly committing violence or domestic violence, or if a firearms owner has indicated a potential to commit self-harm or suicide. This measure complements the existing process of calling 911 in cases of emergencies or imminent threats with firearms.

Limitation on access orders could also still be made in case an individual subject to a prohibition order could have access to another person's weapons.

In addition, the individual would not be able to possess, acquire or import firearms for up to 30 days. Bill C-21 would allow for the protection of the applicant’s identity by giving a judge discretion in:

An additional application for an order could also be made for a longer-term prohibition order of up to 5 years if there are reasonable grounds to believe that the individual continues to pose a public safety risk.

In support of these measures, the Government intends  to develop a program to help raise awareness and provide tools to victims and organizations that support them on how to use the new “red flag” provisions and protections. The program would support vulnerable and marginalized groups, and designed to help make the “red flag” law accessible to all.

The Government will further be supporting these initiatives with $5 million in funding to educate victims of intimate partner violence and gender-based violence about “red flag” laws, how to navigate the process and to access the security features.

"Yellow Flag" Law - Licence Suspensions

The “yellow flag” regime would allow for a licence suspension of up to 30 days (which can also be renewed) if a CFO has reasonable grounds to suspect that an individual is ineligible to hold a firearms licence. These individuals would not be permitted to use, acquire, or import firearms, but would be able to maintain any firearms in their possession at the time of suspension.

The CFO would investigate if there is reasonable cause to revoke the licence. If there are no longer any reasonable grounds to suspect that the licence holder is ineligible, the licence would be immediately reinstated. If the CFO determines that the licence ineligibility is substantiated, the licence would be revoked and the firearms surrendered. Owners who wish to challenge a licence revocation must surrender their firearms during the appeal process.

The bill now includes specific reference to who can make claim to a CFO if they have information that an individual is no longer eligible to hold a licence. A CFO may receive information from any person, including a psychologist, a psychiatrist, a nurse, a nurse practitioner or a medical practitioner.

Enhanced Licence Revocations

The Bill would extend licence revocation authorities by requiring a CFO to revoke a licence:

The CFO would have to revoke the licence within 24 hours and the firearms owner would have to surrender their firearms to authorities within 24 hours after receiving notice of the revocation. 

CFOs would also not issue a new firearms licence to anyone who at the time of application is subject to a protection order until they can demonstrate that they do not pose a danger to any person.

In cases of licence revocations related to domestic violence and protection orders, limited exceptions would be available for individuals needing a firearm for sustenance hunting or trapping (a licence with conditions). There would be no exemptions for employment.
There will be consultations with various communities across Canada, including Indigenous groups as part of the regulatory process. Engagement would focus on a variety of topics including the impacts of the proposed definitions of a protection order and domestic violence, the need for tailored exceptions for sustenance hunting or trapping, and the overall impacts of licence suspensions and revocations on Indigenous and remote communities.

Contacts:

Prepared by: [REDACTED], Acting Manager, Firearms Policy Division, Crime Prevention Branch, [REDACTED]
Approved by: Talal Dakalbab, Assistant Deputy Minister, Crime Prevention Branch, 613-852-1167

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