Here are some extracts from Supreme Court of Canada cases that touch upon firearms and their control in our country. It reveals some of the thinking that has underpinned legislative gun control in Canada and may assist in evaluating the various arguments being advanced in this debate on this forum. There is a theme that emphasizes how firearms are, by their very nature and purpose, distinct from other things, like cars, and that this fact informs how the community has decided to regulate their possession and use.
Almost a quarter century ago, in R. v. Schwartz, [1988] 2 SCR 443 the majority noted:
"The Code has included provisions for the control, use and possession of firearms since the enactment of the 1892 Criminal Code, S.C. 1892, c. 29, s. 105. That section prohibited the possession of pistols and air guns at other than specific places and, as well, provided for exemptions from the operation of the section. Since that time, there have been successive amendments which without exception have strengthened the controls upon possession and use of firearms. The history of this process is summarized by Martin L. Friedland, A Century of Criminal Justice (1984), commencing at p. 125. He concludes, at p. 128, with what may be considered a sober warning:
Canada has been fortunate in having had a gradual development of control over firearms for the past 100 years. We have never had to face a situation as in the United States today, which appears to many observers to be almost out of control."
In rejecting an argument that a firearm is not a weapon as defined by s. 2 of the Criminal Code unless it is used or intended for use in causing death or bodily injury or for threatening or intimidating, the majority in R. v. Felawka, [1993] 4 SCR 199 said:
"In my view, a firearm must come within the definition of a weapon. A firearm is expressly designed to kill or wound. It operates with deadly efficiency in carrying out the object of its design. It follows that such a deadly weapon can, of course, be used for purposes of threatening and intimidating. Indeed, it is hard to imagine anything more intimidating or dangerous than a brandished firearm. A person waving a gun and calling "hands up" can be reasonably certain that the suggestion will be obeyed. A firearm is quite different from an object such as a carving knife or an ice pick which will normally be used for legitimate purposes. A firearm, however, is always a weapon. No matter what the intention may be of the person carrying a gun, the firearm itself presents the ultimate threat of death to those in its presence.
The definition of "weapon" in s. 2 must include a firearm as defined in s. 84. For example s. 88 of the Criminal Code provides that anyone who, without lawful excuse, has a weapon in his possession while he is attending or on his way to attending a public meeting is guilty of an offence. The presence of a firearm at a public meeting would, in itself, present a threat and result in the intimidation of all who were present. It really cannot have been the intention of the framers of the legislation that people would be permitted to brazenly take their guns with them to public meetings provided that they did not use them or intend to use them to cause injury or to threaten or intimidate. Indeed, to state the proposition reveals that a definition with such a result is unthinkable...
There is something extremely menacing and intimidating about the presence of a naked weapon. There is something even more sinister in the presence of a concealed weapon. No doubt the legislators enacting s. 89 believed that weapons are usually concealed by persons on the way to commit crimes or after leaving the scene. Clearly then one of the goals of the section is to discourage the prospective bank robber who might be apprehended on the way to the bank with a sawed-off shotgun concealed in his pant leg. Yet, I think the section has a wider aim. All Canadians have the right to feel protected from the sinister menace of a concealed weapon. If it was ever thought that it was lawful to carry concealed weapons more and more Canadians might come to believe it would be prudent for them to carry concealed weapons in order to defend themselves and their families. This might lead to a vigilante attitude that could all too readily result in an increase in violence in Canadian society. Canadians are well satisfied with the security provided by the close regulation of the ownership and use of firearms. They have every right to expect the concealment of weapons would also be prohibited or properly regulated."
In R. v. Hasselwander, [1993] 2 SCR 398, the majority spoke of automatic firearms:
"2.The Purpose and Goals of the Provisions Pertaining to Prohibited Weapons
Let us consider for a moment the nature of automatic weapons, that is to say, those weapons that are capable of firing rounds in rapid succession during one pressure of the trigger. These guns are designed to kill and maim a large number of people rapidly and effectively. They serve no other purpose. They are not designed for hunting any animal but man. They are not designed to test the skill and accuracy of a marksman. Their sole function is to kill people. These weapons are of no value for the hunter, or the marksman. They should then be used only by the Armed Forces and, in some circumstances, by the police forces. There can be no doubt that they pose such a threat that they constitute a real and present danger to all Canadians. There is good reason to prohibit their use in light of the threat which they pose and the limited use to which they can be put. Their prohibition ensures a safer society.
The American authorities should not be considered in this case. Canadians, unlike Americans do not have a constitutional right to bear arms. Indeed, most Canadians prefer the peace of mind and sense of security derived from the knowledge that the possession of automatic weapons is prohibited...
Collectors are attractive targets for thieves who are seeking these weapons with every intention of using them or selling them to others who wish to make use of them. Members of the community are entitled to protection from the use of automatic weapons...
Automatic weapons or those which may be easily and quickly converted to automatic status have such potential for killing and indeed, mass killing, that their possession may properly bring consequences of imprisonment. It is because of their lethal potential that the definition of "prohibited weapon" requires a reasonable interpretation based upon the wording of the section and the aim or purpose of the legislation."