Tag Archives: committee

Body Armour Control Act: Revisited


I first wrote about BC’s Body Armour Control Act on October 24, 2009.  At that time, I had little understanding of how quickly bills can move through provincial legislatures.  Even by provincial standards, this bill was pushed through with lightning speed, leaving practically no time for public input.  By the time I wrote my blog entry, it had already passed 2nd Reading.  Two days later, on October 26, 2009, the bill went through Committee, Report, Amendment and passed 3rd Reading – all in a single day!  On October 29, 2009 the bill received Royal Assent. 

First Reading October 20, 2009
Second Reading October 22, 2009
Committee October 26, 2009
Report October 26, 2009
Amended October 26, 2009
Third Reading October 26, 2009
Royal Assent October 29, 2009
Source: http://qp.gov.bc.ca/39th1st/votes/progress-of-bills.htm

What is it?

A brief backgrounder for those who don’t know, this Act was introduced in an effort to curb gang violence in BC, particularly Vancouver.  The idea is that by restricting access to body armour, it will reduce a criminal’s “sense of security” making them less likely to engage in shootouts in our communities. 

Though there are many faults with this legislation, the biggest one is the complete lack of logic involved.  Criminals will always have have access to body armour, and they’re highly unlikely to acquire a permit or register it with police.  In effect, the only thing this bill does, is give the Solicitor General 15 minutes of fame, and take away the ability of the public to possess a passive safety device.

For more details, see my previous blog post.

What’s the status now?

From February 25 – March 12, 2010 the Public Safety and Solicitor General’s office has opened the floor to “Interested Stakeholders” to give input into the regulations that will bring this act into force.  Here is the Proposed Framework on which they would like your feedback:

Proposed Framework

  • Types of Body Armour to be Included

It is envisioned that Body Armour Control Act (BACA) Regulations and policy will apply to body armour that is ballistic, stab and/or puncture resistant. This will include trauma plates, inserts and other devices that can be added to the vests over a localized area to increase the wearer’s protection against blunt trauma injuries or projectiles fired from a firearm.

This may include, but not be limited to garments and items which meet the National Institute of Justice (NIJ) Standard 0101.06 – Standards for Ballistic resistance of Personal Body Armour, types II,IIA, III, IIIA or IV or National Institute of Justice (NIJ) Standard 0115.00 – Stab Resistance of Personal Body Armour, levels 1, 2 or 3.

  • Body Armour Permit Requirements

Unless exempt under the BACA or Regulations from the requirement to obtain a body armour permit, individuals wanting to possess body armour will be required to make an application to the Registrar of Security Services for a Body Armour Permit. This may include those wanting to possess body armour due to non-violent threats to personal safety related to a sport, hobby or occupation (e.g., sport shooting club members) or individuals with threats to their personal safety of an ongoing nature.

Permit applicants will be required to provide personal information – including name, date of birth and contact information – and will be required to prove a reasonable need for the possession of body armour. In addition, applicants will have to undergo a criminal record check and pay a permit fee (fee estimates at this time are $90 for 5-year term and $45 for renewal).

Once a risk assessment is performed on the applicant, a permit will be issued to the individual allowing them to purchase, wear or possess body armour. A permit holder must carry the permit when in possession of body armour and produce it upon request by a peace officer or inspector.

  • Body Armour Permit Exemptions

There are a number of legitimate uses of body armour where it is required for protection in the course of one’s employment or job-related duties. Among those that will be exempt from the requirement to obtain a body armour permit are individuals employed by police and other enforcement agencies, armoured car guards, security guards, security consultants and private investigators. Proof of exemption will be required to be carried by these individuals when purchasing body armour or when in possession of body armour and will be linked to their security worker license, badge number, employee identification or verification document as applicable.

Exemptions to requiring a permit will also be considered for those individuals who do not reside in British Columbia but require body armour during their stay (i.e., diplomats) and/or individuals with imminent threats to their personal safety.

An individual in an exempt category must carry proof of exemption and produce it upon request by a peace officer or inspector when in possession of body armour.

  • Body Armour Business and Sales Persons Licensing Requirements

Businesses that sell body armour and their employees play an important role in ensuring that purchasers of body armour are authorized to do so. Businesses that sell body armour in British Columbia will be required to obtain a security business license under the Security Services Act to sell body armour, and employees of the business selling the body armour must obtain a security worker licence with licence type Body Armour Sales. Body Armour vendors will also be required to record information about body armour sales to show that sales are made only to people who are authorized to possess body armour.

What can I do?

Use the feedback form provided by the PSSG or send an e-mail to Sylvia.Montagnaro@gov.bc.ca

Let your lawmakers know that it is completely unacceptable for them to push through legislation without public input.  Tell them that this Act is an abomination that infringes on your charter rights.  It is a useless piece of legislation that will do nothing to improve public safety, it will reduce public respect for police officers who must enforce it, and it is nothing more than a blatant tax grab.  Let them know that the voters will hold them accountable.

DEADLINE FOR SUBMISSIONS:  MARCH 12, 2010

Prorogation and Propaganda


I don’t know about the rest of you, but I’m sick to death of hearing the word “prorogue”.  The lies, disinformation and manufactured hype surrounding Harper’s recent prorogation of parliament are starting to wear a bit thin.

Contrary to what the Liberals and their opposition cohorts would have you believe, prorogation is a legitimate, and common, parliamentary tool used in the Commonwealth Parliaments of Australia, New Zealand, Canada and the United Kingdom.  Granted, it has a history of being used in a more questionable manner in Canada than anywhere else in the world, but that doesn’t change the fact that it is a legitimate parliamentary process [check out this page for more information on prorogation].

In the 142 years since Sir John A MacDonald became the first Prime Minister of Canada, our parliament has been prorogued 105 times.  That works out to roughly once every 16 months – hardly a rare event. 

During his tenure, Liberal PM Pierre Trudeau prorogued parliament 11 times in 1963, 1965, 1967, 1969, 1970, 1972, 1974, 1976, 1977, 1978, and 1983.  More recently, Liberal PM Jean Chretien prorogued parliament 4 times in 1996, 1999, 2002, and 2003.  On the provincial level, Ontario Premier Bob Rae (and federal Liberal Party leader candidate) prorogued the legislative assembly 3 times in 1991, 1992, and 1994.

I can hear the Liberal shills screaming right now, “But it’s not the same thing!  Harper is trying to dodge responsibility!”  Really?  Kind of like when Jean Chretien prorogued in 2003 to avoid the auditor general’s release of the report on AdScam, the sponsorship scandal in Quebec?

I don’t know enough about the “Afghan Detainee” controversy to say that it was a factor in Harper’s decision to prorogue parliament this winter.  I do understand basic math though.  According to the information given to the public thus far, the first reports of prisoner abuse were submitted to the government in “early” 2006.  Stephen Harper was sworn into office on Feb 2, 2006.  That means the alleged torture was already taking place before he came into office, under Paul Martin’s Liberal government.  Could Harper have done more to address the issue?  I don’t know enough to say either way, but I do know enough to say that shutting down the special committee saves the Liberal Party from public scrutiny just as much, if not more so, than the Conservatives. 

If it wasn’t Afghanistan, why did Harper prorogue? I’m not a mind reader, but I have an idea or two.  If Prime Minister Harper has shown us one thing over the last three and a half years, it’s that he is a very shrewd and adept political strategist.  From my untrained perspective I can see two issues that are of much more importance than Afghanistan to the PM right now: the Senate and the budget.

The current breakdown of the Senate is as follows:

Affiliation Senators
  Conservative Party 46
  Liberal Party 49
  Progressive Conservative Caucus 2
  Independent 2
  No Affiliation 1
  Vacant 5
 Total as of January 2, 2010 105

If Harper uses this time to fill those 5 vacant seats, the balance of power in the Senate will tip to the Conservatives.  The Liberals, of course, are protesting this, saying that the PM will now be able to “ram through” his legislation.  Kind of like the Liberals have been doing for the last 30 years then, no?

That brings us to the budget.  With the entire world teetering on the brink of economic collapse (you didn’t think the recession was over did you?) I can’t think of a single more important issue for the PM to be addressing right now.  By proroguing, the PM has timed things so that the budget will be delivered as soon as parliament reconvenes and left the opposition parties little time to mount a protest against it.  This is both good and bad: bad because some questionable items may be pushed through without proper consideration; good because it effectively limits the ability of the opposition to topple the minority government. 

I can hear the protests already, “But..but..that’s undemocratic!”  No.  That’s simply the reality of our style of government – especially minority government.  People seem to have forgotten that minority governments are not so much about running the country as they are about political survival.  This is by no means new to Stephen Harper, but the general public tends to have a short memory.

Speaking of democracy, the Liberal Party is in no position to preach on that topic.  After all, it was their attempt to stage a coup against the democratically elected government of Canada that prompted the 2008 prorogation of parliament.  In Canada’s 142 years since confederation there has only ever been one coalition government.  That government was formed in 1917 when Robert Borden’s Unionist party – who had won a clear majority – requested a coalition with the Liberal Party during World War 1.  No matter which way you try to spin it, the Liberal Party’s attempt, with the help of the NDP and the Bloc, to usurp power from the Conservative Party can be called nothing other than a coup d’etat.  So no, they are in absolutely no position to speak on the topic of democracy.

On the topic of the people voicing their opinions, there were organized protests against prorogation held in 32 communities across the country yesterday.  Only 25,000 people turned up nationwide, including a mere 3,500 in Ottawa.  In 1994, by comparison, 10,000 protesters marched on Ottawa alone in an attempt to stop the passage of C-68, now known as the Firearms Act.  The people have spoken on the issue of prorogation, and they don’t care.

Cutting through all the media hype, sensationalism and fear-mongering, I think Harper’s decision had much more to do with political strategy than dodging responsibility.  Even if he did elect to prorogue because of the Afghan issue, he hasn’t prevented an inquiry, he has merely delayed it.  Regardless of his motives, his decision to prorogue was a gamble, and only time will tell if it was a mistake.