Enforcement of SECTION 85 ignored.
Niagara Falls, Ontario - Wednesday, January 15, 2003 - by: Joe Hueglin
three parts	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.
conviction 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),
minimum sentences	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	minimum sentences were imposed on those cases not withdrawn (these being a great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)
firearms serious	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)
gun registration	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.
war zones	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
References:
1. -	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
2, - -	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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