May 1, 1995
DRUG DEALERS HAVE MORE RIGHTS THAN LAW-ABIDING FIREARM OWNERS
"Allan Rock thinks responsible firearm owners are more of problem than drug dealers," says Breitkreuz.
Yorkton - Garry Breitkreuz, MP for Yorkton-Melville today released research which shows that drug dealers have more rights than gun owners will when Bill C-68, the Firearms Act is passed.
Bill C-68 allows police to search your dwelling without a warrant, the Narcotic Control Act does not.
Bill C-68 allows police to search your dwelling even when no crime is suspected, the Narcotic Control Act does not.
Bill C-68 allows police to confiscate your property without compensation, the Narcotic Control Act does not.
If you need more information please call:
Yorkton: (306) 782-3309
Ottawa: (613) 992-4394
Drug Dealers have Rights
Before its repeal in 1985, Section 10(1) of the Narcotic Control Act allowed peace officers acting under authority of a "Writ of Assistance or Warrant" to enter and search a dwelling-house "at any time" so long as the officer had a reasonable belief that there was a narcotic in the house "by means of or in respect of which an offence under the act had been committed. The Law Reform Commission of Canada said in a 1983 report regarding police powers of search and seizure said the rationale for Writs of Assistance or automatic search warrants related primarily to a preceived need for extraordinary measures to response to "the covert nature and ease of transportation and disposal of illicit drugs.
In 1984 the Supreme Court of Canada ruled that the Writs of Assistance under the Narcotic Control Act violated the Canadian Charter of Rights and Freedoms specifically the drug dealer's "right to be secure against unreasonable search and seizure".
So as the law now stands, before police officers can search a drug dealers home, the police would have to have to obtain a search warrant from a justice and show that they had "reasonable and probable grounds to believe that there was a narcotic in the house and that an offence was being committed under the Narcotic Control Act. Remember, these are real criminals and the police are required to get a search warrant."
Search & Seizure for Illegal Drugs under Narcotic Control Act
Section 10 of the Narcotic Control Act states: A peace officer may, at any time without a warrant enter and search any place other than a dwelling house, and under the authority of a warrant issued under section 12, enter and search a dwelling-house in which the peace officer believes on reasonable grounds there is a narcotic by means of or in respect of which an offence under this Act has been committed.
Section 11 of the Narcotic Control Act states: A peace officer may search any person found in a place entered pursuant to section 10 and may seize and, from a place so entered, take away any narcotic gound therein, any thing therein in which the peace officer reasonably suspects a narcotic is contained or concealed, or any other thing by means of or in respect of which the officer believes on reasonable rounds an offence under this Act has been committed or that may be evidence of the commission of such an offence.
Section 12 of the Narcotic Control Act states: A justice who is satisfied by information on oath that there are reasonable grounds for believing that there is a narcotic, by means of or in respect of which an offence under this Act has been committed, in any dwelling-house may issue a warrant, under the hand of the justice, authorizing a peace officer named therein at any time to enter the dwelling-house and search for narcotics.
Section 14 of the Narcotic Control Act states: For the purpose of exercising authority pursuant to any sections of sections 10 to 13, a peace officer may, with such assistance as that officer deems necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, plumbing, fixture, box, container or any other thing.
Now let's see how this compares with how the government treats law- abiding firearms owners.
Search and Seizure for Legally-Owned Guns proposed in Bill C-68
Section 98 of the Firearms Act states: In sections 99 to 101, "police officer includes, in respect of a province, a member of a class of individuals designated by the provincial minister."
Section 99(1) of the Firearms Act states: Subject to section 101, for the purposes of ensuring compliance with this Act and the regulations of Part III of the Criminal Code, a police officer may at any reasonable time enter and inspect any place in which the police officer believes on reasonable grounds there is a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition or a record in relation to any of those things and may
(a) open any container that the officer believes on reasonable grounds contains a firearm or other thing in respect of which this Act or the regulations or Part III of the Criminal Code applies;
(b) examine any firearm and examine any other thing that the officer finds and take samples of it;
(c) conduct any tests or analyses or take any measurements; and
(d) require any person to produce for examination or copying any records, books of account or other documents that the officer believes on reasonable grounds contain information that is relevant to the enforcement of this Act or the regulations or Part III of the Criminal Code.
Section 99(3) of the Firearms Act states: A police officer who takes a sample under paragraph (1)(b) may dispose of it [any firearm and any other thing] in any manner that he or she considers appropriate.
Section 100 of the Firearms Act states: The owner or person in charge of a place that is inspected by a police officer under section 99 and every person found in the place shall
(a) give the police officer all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 99; and
(b) provide the police officer with any information relevant to the enforcement of this Act or the regulations or Part III of the Criminal Code that he or she may reasonably require.
Section 101(1) of the Firearms Act states: A police officer may not enter a dwelling-house except with the consent of the occupant or under a warrant.
Section 101(2) of the Firearms Act states: A justice who on ex parte application is satisfied by information on oath
(a) that the conditions for entry described in section 99 exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act or the regulations or Part III of the Criminal Code, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused
may issue a warrant authorizing the police officer named in it to enter that dewelling-house subject to any conditions that may be specified in the warrant.
Section 117.02(1) of the Firearms Act states: Where a peace officer believes on reasonable grounds
(a) that a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or
(b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, and evidence of the offence is likely to be found on a person
After reading Bill C-68, I should have expected as much. Section 110(a) to (v) outlines four and half pages of regulations that may be made by Order in Council (in reality, the Minister of Justice). Section 112(6) says, "For greater certainty, a regulation may be made under Part III of the Criminal Code without being laid before either House of Parliament". Breitkreuz concluded, "The search and seizure provisions of Bill C-68 are similar to what most people think could only happen in Russia or China, so following this Liberal logic, running roughshod over democratic rights and principles makes sense, at least to Allan Rock and all Liberal MPs who vote in favour of closure and in favour of Bill C-68."
Powers of inspection proposed in the bill would allow any police officer "at any reasonable time" to enter and inspect "any place" that he or she believes "on reasonable grounds" contains firearms, ammunition, etc. or "a record in relation to any of those things". Further, the law-abiding citizen would be forced by threat of criminal offence to provide the evidence necessary to incriminate themselves in court.