The Alberta government has released its strategy to counter the federal gun buyback program, condemning it as an unconstitutional infringement on the rights of Alberta residents. The policy revealed in a document on Tuesday asserts that the authority over firearms ownership lies solely within provincial jurisdiction.
Contrary to the provincial stance, Simon Lafortune from the federal public safety ministry stated in a message to CBC News that the Canadian Parliament holds the constitutional power to legislate on firearms, including through the Firearms Act and relevant Criminal Code provisions.
The new motion under the Alberta Sovereignty within a United Canada Act highlights that the Alberta Bill of Rights guarantees the rights to possess, retain, and use firearms, as well as the right to fair compensation for confiscated property. The motion pledges to employ all legal avenues to actively oppose the federal initiative.
This motion represents Alberta’s formal objection to the federal government’s prohibition of numerous firearms, including a voluntary buyback initiative known as the Assault-Style Firearms Compensation Program. It aims to enable Alberta to circumvent federal regulations.
During a news briefing on Tuesday, Alberta Justice Minister Mickey Amery criticized the idea of converting previously legal firearms into prohibited items, arguing that it does not enhance public safety but penalizes law-abiding citizens who comply with existing laws.
The motion proposes that Alberta will take all necessary steps to ensure neither the provincial government nor any affiliated entities participate in enforcing the federal policy. This was reiterated by Alberta Premier Danielle Smith during the United Conservative Party’s annual convention, where she emphasized the right to self-defense.
The motion also includes a directive that prosecution for the use of reasonable force in self-defense within one’s home will generally not be pursued by the Alberta Crown Prosecution Service. This guidance aims to clarify the stance on protecting one’s property.
Legal experts have expressed varying opinions on the implications of the motion, with some concerns raised about potential misinterpretation leading to unlawful actions. The federal government, on the other hand, continues its efforts to collaborate with all jurisdictions to implement the buyback program despite resistance from certain provinces.
Since May 2020, the federal government has prohibited over 2,500 models of assault-style firearms and introduced a voluntary buyback program. However, individuals and businesses have until October 30, 2026, to dispose of or deactivate these weapons to avoid facing charges for illegal possession.