The Alberta provincial administration has presented its strategy to counteract the federal government’s gun buyback initiative, labeling it as an infringement on Albertans’ constitutional rights. The policy, outlined in an official document on Tuesday, argues that the authority over firearms ownership solely belongs to the province. In contrast, a representative from the federal public safety ministry, Simon Lafortune, rebuffed this claim, emphasizing that the Parliament of Canada has the constitutional power to legislate on firearms, citing the Firearms Act and related Criminal Code provisions.
Under the Alberta Sovereignty within a United Canada Act, the Alberta government’s new motion asserts that the Alberta Bill of Rights safeguards the rights to possess, retain, and utilize firearms, as well as the right to fair compensation for seized property. The motion vows to employ all legal avenues to actively oppose the federal initiative, specifically targeting the federal ban on numerous firearms, including the voluntary buyback program known as the Assault-Style Firearms Compensation Program.
The motion aims to enable Alberta to circumvent federal regulations. Alberta’s Justice Minister, Mickey Amery, expressed during a press conference that converting previously lawful firearms into prohibited ones does not enhance public safety. He argued that it unfairly penalizes law-abiding citizens who have adhered to both provincial and federal statutes.
The proposed legislation intends for Alberta to take necessary measures to prevent any involvement in the enforcement of the federal policy, as reiterated by Premier Danielle Smith at the United Conservative Party’s annual convention. The motion emphasizes protecting law-abiding citizens, with a focus on defending one’s home and loved ones without fear of legal repercussions.
Legal experts and critics have raised concerns about potential implications of the motion. Gerard Kennedy, a constitutional law specialist at the University of Alberta, highlighted that while Alberta can challenge the constitutionality of federal actions, overturning federal laws is beyond its jurisdiction. The order paper outlines Alberta’s planned measures to oppose the federal firearms program, including withholding resources for enforcement purposes.
The federal government’s ban on over 2,500 models of assault-style firearms since May 2020, accompanied by the voluntary buyback program, has prompted varying responses across jurisdictions. Federal Public Safety Minister Gary Anandasangaree emphasized the importance of collaboration with provinces to ensure the program’s implementation, criticizing jurisdictions hindering citizens from accessing compensation for surrendering prohibited firearms. The amnesty period for compliance with the weapons ban is set until October 30, 2026, after which possessing prohibited firearms could lead to legal consequences.