10 April, 2011

- Mr. Harper, Have I Got This 'Right', Yet, - Long Gun Registry Treats People as If They Are Criminal but Contraventions of the Elections Act Are Administrative

Harper reaffirms vow to scrap gun registry, CBC – 4 Apr, 2011
http://ca.news.yahoo.com/harper-reaffirms-vow-scrap-gun-registry-20110404-182159-572.html


Mr. Harper, Have I Got This 'Right', Yet, - Long Gun Registry Treats People as If They Are Criminal but Contraventions of the Elections Act Are Administrative

Requiring people to register a long gun treats them "as if they are criminals"
"'. . . it has treated rural people, farmers and hunters as if they are criminals . . .' Harper said"
(CBC News, 4 Apr.'11)

and

Requiring people answering the long form census treats them as if they are criminals
"'It’s our government’s position that there are other ways to collect useful and usable data than by threatening Canadians with jail time,' Mr. Clement said (G&M, 21 Jan.'11)

but

Contraventions of the elections act that go right to the very heart of how democracy as played out in Canada are merely administrative disputes.
"Pierre Poilievre, Mr. Harper's parliamentary secretary, called the charges 'administrative' half a dozen times during Monday's question period, while referring to an accounting dispute three times and a 'debate' with Elections Canada four times."
(G&M, 1 mar.'11)

When you read the allegations laid in the in-and-out-scheme you get wording like ( http://www.elections.ca/abo/com/stat/charges_e.pdf):

". . . and did thereby commit an offence punishable on summary
conviction contrary to Sections 497 (3) (g) and 500 (5) (a) of the said Act."

". . .is guilty of an offence punishable on summary conviction contrary
to Section 507 of the said Act."

". . .and did thereby commit an offence punishable on summary
conviction contrary to Sections 497 (3) (m) (ii) and 500 (5) (a) of the said Act."

". . .and did thereby commit an offence punishable on summary
conviction contrary to Sections 497 (3) (m) (ii) and 500 (5) (a) of the said Act."

". . .is guilty of an offence punishable on
summary conviction contrary to Section 507 of the said Act."

In fact the wording seems to be pretty much the same as the prohibitions for the Long Form Registry
Statistic Act:
31. Every person who, without lawful excuse,
(a) refuses or neglects to answer,
. . .
is . . . guilty of an offence and liable on
summary conviction to a fine not exceeding
five hundred dollars or to imprisonment for a
term not exceeding three months or to both.

and the Long Gun Registry
Firearms Act:
112. (1) Subject to subsections (2) and (3),
every person commits an offence who, not having
previously committed an offence under this
subsection or subsection 91(1) or 92(1) of the
Criminal Code, possesses a firearm that is neither
a prohibited firearm nor a restricted
firearm without being the holder of a registration
certificate for the firearm.

. . .

115. Every person who commits an offence
under section 112, 113 or 114 is guilty of an offence
punishable on summary conviction.

Lloyd MacILquham cicblog.com/comments.html