THE TROUBLE WITH FAKE GUNS | Originally broadcast Feb. 27, 2009 on CBC-TV

CBC Marketplace
205 Wellington Street West
Toronto Ontario
M5V 3G7

February 12, 2009

Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
Canada K1A 0H8

Dear Honourable Minister Rob Nicholson,

Our program is producing a story on the prevalence of imitation handguns and regret that your office has declined our interview request. Our research tells us that young people are bringing imitation handguns into schools across the country and these guns are being used to commit crimes and endanger people's safety.

We enclose these pictures, one of a real gun and one of an imitation gun, to demonstrate how realistic imitation guns can appear. Can you tell the difference?

Enclosed images in Erica Johnson's letter to Minister Nicholson. Which gun is an imitation and which one is real? Can you tell the difference?

The imitation gun is designed and marketed to resemble a real gun, and is readily available in stores across Canada. Marketplace tested the ability of a group of police officers to differentiate a real gun from a fake and found they could not 1/3 of the time. We have also witnessed how easily an imitation gun was purchased by a 16 year old in Vancouver, British Columbia.

Given the growing concerns from police, victims of crime, educators and concerned citizens, we have one question:

Why are incredibly realistic-looking guns not more tightly regulated in Canada?

We'd appreciate your response by Monday, February 20th.

Regards,
Erica Johnson
CBC Marketplace

FEB 20, 2009

Ms. Erica Johnson
CBC Marketplace
205 Wellington Street West
Toronto, Ontario M5V 3G7

Dear Ms. Johnson:

On behalf of the Minister of Justice, I acknowledge receipt and thank you for your correspondence of February 12, 2008 concerning imitation handguns.

Replica firearms are items that are intended to exactly resemble, or resemble with near precision, bullet-firing firearms. These devices replicate a known make and model of a bullet-firing firearm.

A replica firearm, by definition, is not a "firearm" because it is not capable of causing serious bodily harm or death to a person. Because they often look almost exactly like bullet-firing firearms, they can be used in crime to intimidate victims and are often, as you point out, mistaken for bullet-firing firearms by law enforcement.

When a replica is used in the commission of a crime, it is considered an offence similar to that of an offence with a bullet-firing firearm.

Section 85 of the Criminal Code provides for an offence for the use of a "firearm" or an "imitation firearm" (including a "replica firearm") in the commission of, while attempting to commit, or during flight after committing or attempting to commit, an indictable offence. Section 85 attracts a minimum penalty of 1 year, consecutive to the penalty for the offence in which the firearm or imitation has been used, on a first offence. This penalty increases to 3 years, consecutive, on a second or subsequent offence.

Replicas are prohibited devices. Individuals cannot acquire them or import them into Canada except under very specific circumstances; for example, businesses with a special licence may import replicas for such uses as theatrical props.

A federal/provincial/territorial Working Group was created in 2007 to examine the issue of imitation and replica firearms as well as other issues including low-velocity pellet guns that fit the definition of firearms.

British Columbia brought concerns to the Working Group with respect to firearms trafficking and smuggling, and these issues were added to the mandate of the Group. The report raised concerns about replicas, such as their importation for theatrical purposes and subsequently being diverted to illicit markets. As the Group is examining those issues, it would be premature to comment any further.

I trust this will be of assistance to you.

Sincerely,
Darren Eke
Press Secretary
Office of the Minister of Justice and Attorney General of Canada