Alberta Premier Danielle Smith’s government is urging Crown prosecutors to think twice about charging someone who acts to defend themselves or others in their own homes.
Justice Minister Mickey Amery issued guidance effective last week to Crown prosecutors, saying that prosecuting for those offences will “generally not be in the public interest.”
Amery told reporters Tuesday it makes it clear that Albertans have the right to use reasonable force to protect themselves and their homes from intruders.
“In the worst case scenario, Albertans should feel confident that they won’t be thrown in jail for defending themselves and their loved ones,” Amery said.
“One’s home is their castle — it is sacred.”
Canada’s Criminal Code allows someone to defend themselves if they believe force, or a threat of force, is being used against them, as long as their actions are “reasonable in the circumstances.”
Amery said the guidelines he’s issuing “will reinforce that.”
As part of a motion Amery introduced in the legislature, Smith’s United Conservative Party government is also directing provincial authorities, including police forces, not to enforce Ottawa’s gun buyback program or prosecute people under the federal rules.
There are no sanctions planned for Crown prosecutors who buck the new guidelines, but Amery said in the past such guidelines have been adhered to and the government expects the new priorities will be followed.
Opposition NDP justice critic Irfan Sabir said giving Albertans advice suggesting they may not comply with criminal law because they would not be prosecuted is “very dangerous.”
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He said Amery’s motion in the house won’t stop federal laws from applying in Alberta.
“That’s political theatre,” he said.
Sabir added that the federal government has jurisdiction over firearms, and Smith’s UCP is pushing too far into police and prosecutorial independence.
“It confuses people, as well, and it doesn’t help us with public safety,” he said.
At a weekend convention of UCP members, Smith said the changes were coming and fired up the audience when she offered up advice for “low-life criminals.”
“If you don’t want to get shot, don’t break into someone’s house,” she said to roaring applause.
The announcement Tuesday comes after the federal government banned hundreds of assault-style firearms and has developed a voluntary buyback program.
Amery said it only punishes law-abiding gunowners and does nothing to stop violent criminals or illegal guns being smuggled across borders.
His motion argues the gun program is unconstitutional, that the province has jurisdiction over property and civil rights, and that it will refuse to provide any resources toward what it calls the “federal firearms seizure initiative.”
It comes under Smith’s flagship Alberta Sovereignty Within a United Canada Act, which purports to allow the province to sidestep federal laws.
Federal Public Safety Minister Gary Anandasangaree told reporters Tuesday as the gun buyback program is rolled out across the country “within weeks,” the federal government will require compliance.
“At some point provinces and territories need to come on board,” he said.
“If they’re disallowing their citizens to attain that compensation, they’re really hurting their own people.”
Anandasangaree has previously said the budget for the federal program is to be capped at $742 million.
Public Safety Minister Mike Ellis told reporters Monday that the provincial government doesn’t direct law enforcement.
“What we do though is set priorities, and I can tell you that lawful firearms owners are not the problem,” he said.
Al Murphy, president of the Alberta Association of Chiefs of Police, echoed the province’s opposition to the federal program at a government news conference alongside Ellis.
He said he would rather see law enforcement focus on tackling guns, drugs and organized crime in the province.
“I’d far prefer we used our resources that way than on a buyback program that the minister described and I don’t think it’s an efficient program — it’s going to cost a lot of money for no results,” he said.
Smith’s UCP government has already passed laws requiring Amery’s approval before municipalities can seek federal funding for seizing firearms, and a requirement to get a licence from Amery to seize.
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