Goertzen adds bear spray to his Criminal Code-amendment wish list

Hey there, time traveller!
This article was published 21/09/2022 (1142 days ago), so information in it may no longer be current.

Manitoba’s justice minister is lobbying the federal government to amend the Criminal Code to make it harder for criminals who use bear pepper spray in assaults to receive bail.

Justice Minister Kelvin Goertzen also said Wednesday that he wants the federal justice department to amend the legislation to classify bear spray, when used in criminal acts and disguised with black tape to make it easier to conceal, as a prohibited weapon.

The pepper spray, which is legally used to ward off bear attacks is, by itself, considered a non-prohibited weapon and is freely available for purchase, with Manitoba retailers required to keep sales records.

Goertzen wants hikers and other people who have a legitimate use for bear spray to continue to be able to purchase it without significant hassle, he said in an interview in his office in the Manitoba Legislative Building. Instead, he said, governments should target criminals.

“It can also be a dangerous weapon when it’s used in the wrong way, so we’re asking the federal government to look at it that way,” he said.

“It’s a very dangerous sort of thing against human beings, it causes eye damage and a lot of other serious medical conditions.”

He said he has written to his federal counterpart, Justice Minister David Lametti, about his concerns ahead of an in-person meeting of Canada’s provincial justice ministers and the federal ministers of justice and public safety in October, where he expects to discuss the matter.

This request comes after Goertzen sent Lametti a similar letter in late August asking him to consider amending the Criminal Code to add knives to a provision that makes it harder for someone charged with a gun crime to get bail.

The provincial minister said he doesn’t want to pre-judge what his federal counterparts’ responses will be ahead of that October meeting, but said he’s optimistic they’ll see his concerns as important.

The federal minister’s press secretary said he thanks Goertzen for his letter and advocacy.

“The federal government is responsible for the criminal law and the provincial governments are responsible for the administration of justice, including investigating and prosecuting most Criminal Code offences, conducting bail hearings and enforcing bail conditions within their respective jurisdiction,” the press secretary said by email.

“Minister Lametti will provide a formal response to his provincial counterpart in due course.”

Goertzen said Winnipeg Police Service Chief Danny Smyth told him the force expects a “record-setting year” for crimes committed with bear spray, with “nearly 1,200 incidents” anticipated.

City police have seen an uptick in the use of bear spray during violent offences in recent years.

In 2017, there were 569 offences, increasing to 608 in 2017. The number dropped to 593 in 2019, but then increased to 714 in 2020 and 848 in 2021.

From January to May this year there were 416 offences, the latest available police numbers show.

Police spokesman Const. Jay Murray said a recent directive from the courts has meant cops are no longer laying prohibited weapons charges in relation to suspects caught with bear spray on city streets.

That directive has indicated the Criminal Code definition of a prohibited weapon — which requires it be designed to injure a person — does not allow for adapted use.

In the past, Murray said, city police considered placing black electrical tape over the label to make it harder to identify as a suspect intending the bear spray be used on humans, rather than animals.

Officers would also take into account where suspect was arrested.

“Typically, we encounter bear spray in areas without an expectation of large wildlife,” Murray said.

As a result, he said, police would lay a charge related to prohibited weapons.

Now, the spokesman said, police are laying non-restricted weapons charges such as carrying a concealed weapon.

“This would allow the police to charge them with that prohibited weapon (offence) before they use it in a violent way, by finding them with it altered on a bus or in the community or on the streets,” Goertzen said of his request to amend the Criminal Code.

erik.pindera@freepress.mb.ca

Twitter: @erik_pindera