Proposed ‘red flag’ gun law in Canada could lead to ‘swatting,’ criminal lawyers say – National

Felony attorneys are warning {that a} proposed “crimson flag” regulation from the Liberals might be taken benefit of by dangerous actors and result in “swatting,” the place regulation enforcement is known as on a person for illegitimate causes.

The crimson flag regulation proposed would enable any citizen to flag to a courtroom one other particular person with weapons that they believe is a hazard to others or themselves, doubtlessly ensuing of their firearms being taken away. The present regulation solely permits police to make this case to a courtroom.

The citizen’s case earlier than a decide could be “ex parte” underneath the brand new regulation, which signifies that it wouldn’t contain the opposite celebration or make them conscious of the flagging.

A decide may then resolve to situation a warrant to go looking and seize to police, which might give them the grounds to knock down doorways to seek out the alleged weapons.

Felony lawyer Solomon Friedman informed World Information that excluding police within the flagging may simply be abused by some, as there could be no investigation to see if the claims are true however could be underneath the discretion of the decide. Because the celebration accused wouldn’t be included within the proceedings, there could be no alternative for them to defend themselves.

The laws would additionally shield the id of the accuser, which Friedman says protects them behind a “defend of anonymity.”

Friedman mentioned those that would probably use the brand new guidelines could be these whose claims have been refuted by police after an investigation.

“It’s an absolute anomaly in our prison regulation, to primarily give that energy [to flag] to a non-public individual with out police oversight,” he mentioned. “It’s an answer in quest of an issue.”

The Liberals have justified the crimson flag regulation by saying it will deal with conditions “the place a person poses a threat to themselves, their household or to public security, together with perpetrators of intimate companion and gender-based violence, individuals prone to suicide, and radicalized people.”

“It could help weak and marginalized teams together with ladies, Indigenous individuals and different racialized communities and folks with psychological well being points, to make sure that the ‘crimson flag’ regulation is accessible to all, notably those that may have it essentially the most,” according to Public Safety Canada.

The Justice Division didn’t reply to World Information in regards to the issues over the regulation earlier than publication.

Friedman, although, mentioned police have traditionally been excellent at investigating firearms allegations, so there isn’t a variety of proof that helps altering the regulation.

He says the general public issues of safety from the brand new provision could be “very actual.”

Felony lawyer Ian Runkle agrees with Friedman that the regulation might be taken benefit of by dangerous actors.

For a direct search and seizure, Runkle mentioned the accused, “could face a tactical workforce coming to your door, kicking down your door and coming into with weapons drawn, which is an especially harmful circumstance.”

He mentioned the crimson flags may develop into like “swatting,”  during which a person claims there’s an emergency that requires a tactical police response with a view to goal one other particular person. Swatting resulted in a large police response known as to Burnaby, B.C., in October 2021. Consultants warn it’s a regarding pattern.

Runkle mentioned deaths may end result from the brand new crimson flag laws.

“In a means it’s surprising,” he mentioned.