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

The proposed 'red flag' gun law would allow any citizen to request action against someone they believe to be a danger, which could result in a warrant to search and seize.

Criminal lawyers are warning that a proposed “red flag” law from the Liberals could be taken advantage of by bad actors and lead to “swatting,” where law enforcement is called on an individual for illegitimate reasons.

The red flag law proposed would allow any citizen to flag to a court another individual with guns that they suspect is a danger to others or themselves, potentially resulting in their firearms being taken away. The current law only allows police to make this case to a court.

The citizen’s case before a judge would be “ex parte” under the new law, which means that it wouldn’t involve the other party or make them aware of the flagging.

A judge could then decide to issue a warrant to search and seize to police, which would give them the grounds to knock down doors to find the alleged weapons.

Criminal lawyer Solomon Friedman told Global News that excluding police in the flagging could easily be abused by some, as there would be no investigation to see if the claims are true but would be under the discretion of the judge. Since the party accused would not be included in the proceedings, there would be no opportunity for them to defend themselves.

The legislation would also protect the identity of the accuser, which Friedman says protects them behind a “shield of anonymity.”

Friedman said those who would likely use the new rules would be those whose claims were refuted by police after an investigation.

The Liberals have justified the red flag law by saying it would address situations “where an individual poses a risk to themselves, their family or to public safety, including perpetrators of intimate partner and gender-based violence, people at risk of suicide, and radicalized individuals.”