Cdn-Firearms Digest Wednesday, November 3 2010 Volume 14 : Number 161 In this issue: RCMP officer facing firearms charges appears in Regina court Editorial: no right to have a lawyer present -- and that's LETTER: TRUST US Re: "No to random breathalyzers," Editorial Re: RCMP officer facing firearms charges appears in Regina court Re: CTV - 2 arrested after hail of bullets hits group in CTV - The tendency to vote liberal might be in your genes Letter to National Post (just sent) ... Re: M72- Cdn-Firearms Digest V14 #160 S. ARMS SURVEY: The Political Economy of Gang Violence in Jamaica Firearms offender registry should replace long gun registry SOUTH AFRICA: Ultimatum to rectify gun registry shambles ---------------------------------------------------------------------- Date: Mon, 01 Nov 2010 18:00:26 -0700 From: Christopher di Armani Subject: RCMP officer facing firearms charges appears in Regina court Had you or I done this, we'd be thrown in jail for five years. He's a cop and will likely get slapped on the wrist. It will be interesting to read the judge's decision, whenever that is made. - --- RCMP officer facing firearms charges appears in Regina court http://www.leaderpost.com/RCMP+officer+facing+firearms+charges+appears+Regina+court/3730884/story.html REGINA — The former detachment commander of the Lumsden RCMP will find out next month if he will avoid a criminal record in relation to two firearms charges. Sgt. Doug Smith stood trial this week at Regina Provincial Court on charges of careless storage of a firearm and contravening regulations of the Firearms Act pertaining to storage. At the time charges were laid, the RCMP said Smith — now a 22-year member — was posted at RCMP headquarters in Regina. According to information provided by the RCMP Tuesday, Smith is still a member but is on administrative leave. Smith himself took the stand at his trial Tuesday, explaining how two firearms — a rifle and a handgun — came to be found inside his Lumsden apartment in July 2008. Smith said the handgun had been turned in to him by a civilian prior to Smith's relocating from Manitoba to Saskatchewan in 2004. Smith said the gun was supposed to be destroyed, but the workload at the detachment was such that the task fell onto the back burner. He added he wasn't sure about the Saskatchewan RCMP's process for destroying weapons, and was unable to get clarification from some members he spoke with. Smith said he owned the rifle since 1977. Both weapons were kept locked up at the various RCMP detachments where Smith worked and were taken with him when he relocated. He said he took the rifle out just once in 2007 to shoot at problem skunks, but the gun wouldn't fire. Problems arose when Smith became the subject of what he described as an "unfounded" complaint laid by a friend of his estranged wife. He said the RCMP took the step, in December 2007, of removing him from his post with Lumsden RCMP. According to another witness, Smith was removed to keep the detachment from becoming involved in potential problems resulting from Smith's then-crumbling personal life. During a brief stint in professional standards at "F" Division, Smith took the two guns to his Lumsden apartment. The handgun was placed inside a locking trunk, while the rifle was placed in a closet, hidden behind piles of clothes, he told court. When RCMP arrested Smith and searched his apartment in July 2008, the guns were found in those locations, he said. The trunk wasn't locked; Smith said he didn't think about it prior to rushing out the door to the hospital where his daughter had been taken just prior to the search. Defence lawyer Foster Weisgerber argued the rifle shouldn't even be considered a firearm since there's some evidence it wasn't operable at the time of the search — even though it was later able to be fired by an RCMP firearms technician. Weisgerber added Smith kept no ammunition for either gun at his apartment. Weisgerber also said Firearms Act regulations shouldn't apply to Smith in the case of the handgun, because the gun was turned over to him and he retained it in the course of his policing duties. Even though the trunk wasn't locked on the day of the search, Weisgerber said it was otherwise kept locked, and Smith had a reasonable explanation as to why it wasn't on that particular day. Judge Marylynne Beaton will give her decision Nov. 18. According to the RCMP, Smith has been subject to an internal Code of Conduct investigation that has been completed and is awaiting a hearing date before an adjudication board. A date for the hearing hasn't yet been set. hpolischuk@leaderpost.com © Copyright (c) The Regina Leader-Post - -- Yours in Liberty, Christopher di Armani christopher@diArmani.com http://www.diArmani.com Sign up for Katey Montague's Rights and Freedom Bulletin today at http://KateysFirearmsFacts.com ------------------------------ Date: Mon, 01 Nov 2010 18:03:15 -0700 From: Christopher di Armani Subject: Editorial: no right to have a lawyer present -- and that's worrisome indeed. Sender: owner-cdn-firearms@scorpion.bogend.ca Precedence: normal Reply-To: cdn-firearms@scorpion.bogend.ca Editorial: Custody & counsel In Brief: Under questioning by police in Canada, you have no right to have a lawyer present -- and that's worrisome indeed. http://www.leaderpost.com/opinion/editorials/Custody+counsel/3647741/story.html We cannot remain silent on the Supreme Court of Canada decision released Friday. After considering three separate cases, the justices held an arrested person does not have the right to have a lawyer present during an interview by police. In a 5-4 decision, the court said accused persons have the right to consult with a lawyer -- something that is generally done by telephone -- but the accused has no legal right to insist a lawyer be present during the actual questioning. Some Canadians will hail this as boosting police powers to fight crime, but there are several other aspects that must be considered. Most important is that an accused person is merely accused; at the time of a police interrogation, he or she has not been found guilty -- and is considered innocent. Their rights therefore must be fully respected at all times during police questioning. If halting an interview and getting a defence lawyer in for consultation makes police work a little more difficult, then that is the price that we pay for having a legal system that protects the rights of all of us. Yes, everybody -- for it is impossible to construct a legal system that protects the rights of the innocent, but not the guilty. Another important point is that police are skilled at interrogations and the psychological factors at work during such interviews, while most citizens -- even people who have been questioned many times by police -- are not. In one of the cases considered by the Supreme Court, a man accused of involvement in a violent death had mere minutes to consult by telephone with a lawyer; police then interviewed him for five hours and ignored five requests by the man to have his lawyer present. The fact this important decision was decided by only one justice's vote illustrates the significance of this issue. It also makes a case for the House of Commons to look quickly and seriously at amending existing legislation to support the rights of accused persons -- who might or might not be guilty of crimes, but who always deserve to have their rights respected in criminal proceedings. Some will disagree, but our rights are too important to be sacrificed on the altar of fighting crime. © Copyright (c) The Regina Leader-Post - -- Yours in Liberty, Christopher di Armani christopher@diArmani.com http://www.diArmani.com Sign up for Katey Montague's Rights and Freedom Bulletin today at http://KateysFirearmsFacts.com ------------------------------ Date: Tue, November 2, 2010 8:03 am From: "Dennis & Hazel Young" Subject: LETTER: TRUST US Re: "No to random breathalyzers," Editorial CALGARY HERALD - NOVEMBER 2, 2010 LETTER: Trust us http://www.calgaryherald.com/opinion/Trust/3762280/story.html Re: "No to random breathalyzers," Editorial, Nov. 1. Please pass on my congratulations to your editorial board. Police need the full support of all law-abiding citizens to help them keep us and our streets safe. If they are to continue to have our respect and support, they must trust those of us who have done nothing wrong and treat good citizens with the full respect this deserves. If I have not been driving erratically and don't have the smell of liquor on my breath, then they should take me at my word that I haven't had a drink in 26 years. As a former member of the RCMP and certified breathalyzer operator, I know impaired drivers are easy to spot by their actions. Honest citizens don't deserve to be treated like we are part of the problem. Thanks again for taking a stand for our rights and freedoms. Dennis R. Young, Calgary - ---------------------------------- CALGARY HERALD - NOVEMBER 2, 2010 LETTER: Education not enough Re: "No to random breathalyzers," Editorial, Nov. 1. MADD Canada understands the concerns about investigative powers and protection of rights. [READ MORE] http://www.calgaryherald.com/opinion/Education+enough/3762278/story.html - ------------------------------- CALGARY HERALD - NOVEMBER 1, 2010 EDITORIAL: No to random breathalyzers http://www.calgaryherald.com/opinion/random+breathalyzers/3756443/story.html ------------------------------ Date: Tue, 2 Nov 2010 09:12:46 -0400 From: "Ed Machel" Subject: Re: RCMP officer facing firearms charges appears in Regina court JUDGING FROM THIS ARTICLE HE WONT even get a slap on the wrist. Just a warning to be more careful in the future. As far as the handgun goes ? I suspect he was keeping it as a "throw down gun " if the time ever came ed/on - -------------------------------------------------- From: "Christopher di Armani" Sent: Monday, November 01, 2010 9:00 PM To: "Cdn Firearms Digest" Subject: RCMP officer facing firearms charges appears in Regina court > > Had you or I done this, we'd be thrown in jail for five years. He's a > cop and will likely get slapped on the wrist. It will be interesting to > read the judge's decision, whenever that is made. > > --- > RCMP officer facing firearms charges appears in Regina court > http://www.leaderpost.com/RCMP+officer+facing+firearms+charges+appears+Regina+court/3730884/story.html > > REGINA — The former detachment commander of the Lumsden RCMP will find > out next month if he will avoid a criminal record in relation to two > firearms charges. > > Sgt. Doug Smith stood trial this week at Regina Provincial Court on > charges of careless storage of a firearm and contravening regulations of > the Firearms Act pertaining to storage. > > At the time charges were laid, the RCMP said Smith — now a 22-year > member — was posted at RCMP headquarters in Regina. According to > information provided by the RCMP Tuesday, Smith is still a member but is > on administrative leave. > > Smith himself took the stand at his trial Tuesday, explaining how two > firearms — a rifle and a handgun — came to be found inside his Lumsden > apartment in July 2008. > > Smith said the handgun had been turned in to him by a civilian prior to > Smith's relocating from Manitoba to Saskatchewan in 2004. Smith said the > gun was supposed to be destroyed, but the workload at the detachment was > such that the task fell onto the back burner. > > He added he wasn't sure about the Saskatchewan RCMP's process for > destroying weapons, and was unable to get clarification from some > members he spoke with. > > Smith said he owned the rifle since 1977. > > Both weapons were kept locked up at the various RCMP detachments where > Smith worked and were taken with him when he relocated. He said he took > the rifle out just once in 2007 to shoot at problem skunks, but the gun > wouldn't fire. > > Problems arose when Smith became the subject of what he described as an > "unfounded" complaint laid by a friend of his estranged wife. He said > the RCMP took the step, in December 2007, of removing him from his post > with Lumsden RCMP. According to another witness, Smith was removed to > keep the detachment from becoming involved in potential problems > resulting from Smith's then-crumbling personal life. > > During a brief stint in professional standards at "F" Division, Smith > took the two guns to his Lumsden apartment. The handgun was placed > inside a locking trunk, while the rifle was placed in a closet, hidden > behind piles of clothes, he told court. > > When RCMP arrested Smith and searched his apartment in July 2008, the > guns were found in those locations, he said. The trunk wasn't locked; > Smith said he didn't think about it prior to rushing out the door to the > hospital where his daughter had been taken just prior to the search. > > Defence lawyer Foster Weisgerber argued the rifle shouldn't even be > considered a firearm since there's some evidence it wasn't operable at > the time of the search — even though it was later able to be fired by an > RCMP firearms technician. Weisgerber added Smith kept no ammunition for > either gun at his apartment. > > Weisgerber also said Firearms Act regulations shouldn't apply to Smith > in the case of the handgun, because the gun was turned over to him and > he retained it in the course of his policing duties. > > Even though the trunk wasn't locked on the day of the search, Weisgerber > said it was otherwise kept locked, and Smith had a reasonable > explanation as to why it wasn't on that particular day. > > Judge Marylynne Beaton will give her decision Nov. 18. > > According to the RCMP, Smith has been subject to an internal Code of > Conduct investigation that has been completed and is awaiting a hearing > date before an adjudication board. A date for the hearing hasn't yet > been set. > > hpolischuk@leaderpost.com > > © Copyright (c) The Regina Leader-Post > > > > -- > > Yours in Liberty, > > Christopher di Armani > christopher@diArmani.com > http://www.diArmani.com > > Sign up for Katey Montague's Rights and Freedom Bulletin today at > http://KateysFirearmsFacts.com > > > > > > ------------------------------ Date: Tue, 02 Nov 2010 06:30:10 -0600 From: 10x@telus.net Subject: Re: CTV - 2 arrested after hail of bullets hits group in At 12:52 PM 11/1/2010 -0700, you wrote: >http://www.ctv.ca/CTVNews/Canada/20101031/halloween-shooting-101031/ > >2 arrested after hail of bullets hits group in Vancouver > >The Canadian Press >Updated: Sun. Oct. 31 2010 3:50 PM ET > >VANCOUVER: Two men in their 20s have been arrested after an early >morning shooting that sprayed a group of young adults with bullets in >downtown Vancouver. So did they check to see if these guys had A.T.T.s for the guns? Or A.T.C.s Licences? Did the registry tell the police where the guns came from? Did these guys follow the legal transport laws? The firearms act (licensing owners and registering guns) has failed the promises of public safety again. When are the media, politicians, and public going to realize that gun control is a bureaucratic agenda that creates a money pit empire while keeping track of the people who are NOT commiting any crimes. ------------------------------ Date: Tue, 2 Nov 2010 07:53:41 -0400 (EDT) From: Rob Sciuk Subject: CTV - The tendency to vote liberal might be in your genes From: Bruce Mills > > http://www.ctv.ca/CTVNews/Politics/20101029/liberal-gene-101030/ > > The tendency to vote liberal might be in your genes > > CTV.ca News Staff Unfortunately, by the time I got there, the comments were closed, but there are some very good ones 8-). ------------------------------ Date: Tue, 2 Nov 2010 07:39:56 -0400 (EDT) From: Rob Sciuk Subject: Letter to National Post (just sent) ... Olivia Chow's Lucky Moose Bill ... (fwd) Dear Sir/Madame, I would advise caution in the case of a socialist politician introducing a "law" to convey to Canadians permission to exercise a right that they already have. Such laws are inevitably designed not to confer a right but rather to narrow and limit it. Were Ms. Chow at all interested in fixing the conditions which lead to an innocent man facing a battle with the courts for 17 months, lost time at work, ruinous legal bills and his name dragged through the dailies, then her focus should be upon the Ontario Attorney General's office. Instead of pretending to "confer rights" through populist laws we don't need, we should instead be limiting the ability of prosecutors to effect social engineering through an arbitrary and injudicious application of criminal laws. Sincerely, Robert S. Sciuk ------------------------------ Date: Tue, 2 Nov 2010 23:42:53 -0600 From: Larry James Fillo Subject: Re: M72- Cdn-Firearms Digest V14 #160 On 1-Nov-10, at 11:32 PM, Cdn-Firearms Digest wrote: > Date: Mon, 1 Nov 2010 16:41:38 -0400 > From: Mark L Horstead > Subject: RE: Vancouver Sun - Loaded rocket launcher found on Vancouver > >> From: Bruce Mills >> Sent: 1-Nov-10 3:19 PM >> To: cdn-firearms@scorpion.bogend.ca >> Subject: RE: Vancouver Sun - Loaded rocket launcher found on >> Vancouver > >> According to Wikipedia, the M72 has a effective range of 200 >> meters. > > It's not so easy to hit a stationary target at that range, either, > without a bunch of practice. > > Mark So, what would your estimated score be, on say 10 old Ladas full of IED laden jihadis at 200 meters? Stationary, as old Ladas aren't that reliable. Hypothetically speaking, of course. :) ------------------------------ Date: Tue, November 2, 2010 1:43 pm From: "Dennis & Hazel Young" Subject: S. ARMS SURVEY: The Political Economy of Gang Violence in Jamaica From: Small Arms Survey [mailto:noreply@smallarmssurvey.org] Sent: November-02-10 9:44 AM To: Small Arms Survey Mailing List Subject: New Publication: 'Confronting the Don: The Political Economy of Gang Violence in Jamaica' 'Confronting the Don: The Political Economy of Gang Violence in Jamaica' http://www.smallarmssurvey.org/fileadmin/docs/B-Occasional-papers/SAS-OP26-Jamaica-gangs.pdf Jamaica's murder rate-62 per 100,000 in 2009-is one of the highest in the world. The small island grapples with violent crime within a context of gangs, guns, and allegations of political and police corruption. Confronting the Don presents an overview of the history, prevalence, and distribution of gangs, focusing in particular on their involvement in international drug and arms trafficking and the possible influence of deportees from the United States. It finds that there is a dense social web connecting highly organized, transnational gangs to loosely organized gangs whose activities are often indistinguishable from broader community violence. Persistent facilitation of gang activity by politicians continues to hinder targeted violence reduction efforts, despite the government's public condemnation of crime and violence, and official support of violence reduction. The report's findings include: . Gangs are implicated in 80 per cent of all major crimes in Jamaica. . Over the past decade, murders have almost doubled, largely due to gun-related violence. . Most firearms seized in Jamaica are traced back to the US, specifically counties in Florida with large Jamaican populations. . While most small arms used in crimes enter the country illegally, much of the ammunition enters the country legally before being transferred to illicit markets. . A recent discovery of large amounts of illegal ammunition and firearms-all originating from the police force's central armoury-has conclusively linked security forces to the distribution of ammunition and weapons to criminals. . Reductions in violence will be short-lived unless the linkages between politicians, organized crime, and gangs are severely eroded. . Community policing may offer an important alternative to security forces' more repressive approaches to crime control. For more information visit: http://www.smallarmssurvey.org/fileadmin/docs/B-Occasional-papers/SAS-OP26-J amaica-gangs.pdf ************************************ DAVID KOPEL'S Jamaican War Zone: An island of intoxicative beauty? Try again, mon. http://old.nationalreview.com/kopel/kopel103000.shtml Lesson from Jamaica on gun control http://www.barossa-region.org/Australia/Lesson-from-Jamaica-on-gun-control.html HOW GUN CONTROL "WORKED" IN JAMAICA http://www.freerepublic.com/focus/f-news/594675/posts ------------------------------ Date: Tue, November 2, 2010 1:35 pm From: "Dennis & Hazel Young" Subject: Firearms offender registry should replace long gun registry OWEN SOUND SUN TIMES - NOVEMBER 2, 2010 LETTER: Firearms offender registry should replace long gun registry http://www.owensoundsuntimes.com/ArticleDisplay.aspx?e=2826847 Editor: In response to Mr. Goetz's letter (Gun Owners Should Want to Register Firearms Oct 28), I would assume Mr. Goetz has been out of the country for the past 15 years and has missed much of the debate about the long gun registry, based on his understanding of how if fails to make us safer. First, the comparison of registration of automobiles and firearms is non sequitur since the licensing and registration of a vehicle is only required when it is taken on a public road. It is not a summary conviction offense under the Criminal Code to possess an unregistered automobile. And registration of automobiles is necessary for sales, insurance and taxation purposes more so than for public safety. As far as the argument that registering long guns will make it safer for us all, nothing could be further from the truth. In 15 years of its existence there is not one credible statistic of the long gun registry solving or preventing a single crime. And if you have any doubts about this statement, I encourage you to research it yourself. There is also absolutely no evidence to suggest that the long gun registration would have any effect on the recovery of, lost or stolen firearms. But all studies of crime guns (or guns used in murders) agree that stolen registered firearms are infrequently used. The cost of the long gun registry has far exceeded the "billion dollar boondoggle" phrase, and at last estimate was closing in on the $2 billion mark. And while those who want to believe that they are actually getting value for money from this disastrous registry at a mere $4 million a year, need to completely read the RCMP's own evaluation report on the registry which quietly indicates that the $4 million is just the savings. The actual annual operating cost according to the Treasury Board puts the combined operating and transfer costs of the firearms registration at $22 million (just to the RCMP for 2010-2011 Macleans.ca,Sept. 22). The cost was overbudget according to the RCMP (RCMP Evaluation Report 2010) by the Canadian Firearms Centre's (CFC) initial mismanagement of the program. There has been a mandatory handgun registry in Canada since 1934 but yet according to Stats Canada (Oct. 26) homicides committed with handguns make up over 60% of the total homicides committed with firearms. When you consider all the facts, like long guns are seldom used to commit crime, there is less than a 50% compliance rate of registrations in 15 years, there is at least a 1-2% data error rate by the CFC (RCMP Evaluation Report 2010), and there is no correlation between firearm registration and crime prevention, does it make any sense to continue the pointless argument about the long gun registry? Those who have taken the time to understand the firearms legislation in Canada know that what is truly required is a registration of individuals who commit crimes with firearms. There already exists a registration of sexual offenders, why not a registration of firearms offenders? Then the strict mandatory licensing, and police records requirements that already exist in Canada would identify the person as a potential threat, not simply the firearm that he may or may not have registered. If we took the money wasted on a long gun registry, that will never work, and spent it on a firearms offender registry, dedicated police task forces to enforce that registry, more guns and gangs units and stricter border security, then and only then will it be safer for us all. John Thomas, Owen Sound ------------------------------ Date: Wed, November 3, 2010 1:22 pm From: "Dennis & Hazel Young" Subject: SOUTH AFRICA: Ultimatum to rectify gun registry shambles THE MERCURY - NOVEMBER 2, 2010 Ultimatum to rectify gun registry shambles By Graeme Hosken http://www.themercury.co.za/index.php?fArticleId=5714022 POLICE have been given nine months to turn around the Central Firearms Registry programme - but they have no idea how big the problem is or what role alleged corruption, criminality, laziness or incompetence has played in the system which has been being described as a failure. Police Minister Nathi Mthethwa yesterday described the situation as dire, with "significant problems" existing in ensuring the smooth operation of the programme. The problems include the fact that the programme was creating "bottlenecks" in the SAPS's crime-fighting strategies and that it takes between five months and six years for licences to be processed. In addition there were allegations of corrupt elements working with organised crime syndicates. In some cases people with criminal records had been granted firearms licences resulting in serious questions about the integrity of the registry's database being raised. The admission that the registry is failing comes as the national police commissioner, General Bheki Cele, announced that seven people had been removed from the programme and that a task team, including experts used in the turnaround strategies of Home Affairs and SARS, had been roped in to save the programme and return it to "normality". Published on the web by Mercury on November 2, 2010. ------------------------------ End of Cdn-Firearms Digest V14 #161 *********************************** Submissions: mailto:cdn-firearms-digest@scorpion.bogend.ca Mailing List Commands: mailto:majordomo@scorpion.bogend.ca Moderator's email: mailto:owner-cdn-firearms@scorpion.bogend.ca List owner: mailto:owner-cdn-firearms@scorpion.bogend.ca FAQ list: http://www.canfirearms/Skeeter/Faq/cfd-faq1.html Web Site: http://www.canfirearms.ca CFDigest Archives: http://www.canfirearms.ca/archives To unsubscribe from _all_ the lists, put the next four lines in a message and mailto:majordomo@scorpion.bogend.ca unsubscribe cdn-firearms-digest unsubscribe cdn-firearms-chat unsubscribe cdn-firearms end (To subscribe, use "subscribe" instead of "unsubscribe".)