Enforcement of SECTION 85 ignored.

Niagara Falls, Ontario - Wednesday, January 15, 2003 - by: Joe Hueglin


The television series "Law and order" speaks of there being two parts to the Criminal
Justice System. It errs. There are three, Parliament making the Law, police enforcing it,
the courts interpreting it.



of crime
using a gun

Section 85 of the Criminal Code provides a minimum sentence of one year on first
offence, three years on second and up to 14 years upon any conviction of using a gun
in the commission of an offence, to be served consecutive to the sentence for the crime
committed using a gun(1),




Since 1994 the Government of Canada has had before it a study (2) concluding that
while the purpose of this section "was that of deterring the use of guns by criminals."
minimum sentences were imposed on those cases not withdrawn (these being a great
proportion), next to no use made of the second offence provision, and sentencing, rather
than being consecutive, being made in terms of "the totality of the sentence".(2)




Recommendations were made
" to increase the minimum sentence, conduct public
information campaigns regarding the seriousness with
which firearm use by criminals is viewed by the justice
system, and (undefined) effort to make it mandatory that
Section 85 charges not be dealt away." .(2)




Rather than implementing the studies conclusions which were directed deterring the
use of guns by criminals, a law was passed that has criminalized thousands of
otherwise law abiding Canadians.




Until the target becomes effectively enforcing Section 85 against those whose guns will
never be registered, the streets of our cities will continue to be what they have become,
war zones between rival gangs. With innocents being killed along the way as
"collateral" casualties.


Joe Hueglin



Canadian Firearms Manual (CFM) PART III, FIREARMS AND OTHER WEAPONS Use Offences Section 85 http://www.cfc-ccaf.gc.ca/cfm/ENGLISH/LEG/CC/0850000D.HTM


WORKING DOCUMENT, RESEARCH ON THE APPLICATION OF SECTION 85 OF THE CRIMINAL CODE OF CANADA December 1994, http://www.cfc-ccaf.gc.ca/en/research/publications/reports/1990-95/reports/sec85_rpt.asp#3.0



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