Thirty day sentence, with a maximum possible sentence of five months? Fuck me...
Here is the manslaughter provision in the Criminal Code of Canada:
Manslaughter
236. Every person who commits manslaughter is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
Source:
Criminal Code of CanadaMinimum sentence: four years. Maximum sentence: life. And, let me tell you, courts don't like guns. They
especially don't like negligence with guns. They come down
hard on firearms offences.
Moreover there are criminal provisions directly related to the careless use of a firearm which this kid would also probably have been found guilty of. It's a bit complicated, but the long and the short of it is that up to an additional two years -
which must be served consecutively with the manslaughter sentence - could be tacked on to the total sentence for carelessness. Assuming this was the first carelessness conviction, of course: if it were a subsequent conviction, that would mean up to an additional
five years in prison for carelessness.
Plus the kid would need a firearms licence to own a rifle. To get one you are required to pass an accredited firearms safety course. The course covers the following:
Topics covered in the CFSC include:
- the evolution of firearms, major parts, types and actions;
- basic firearms safety practices;
- ammunition;
- operating firearm actions;
- safe handling and carry procedures;
- firing techniques and procedures;
- care of non-restricted firearms;
- responsibilities of the firearms owner/user; and
- safe storage, display, transportation and handling of non-restricted firearms.
Source:
RCMPIf you're interested
here is the handbook used by the Canadian Firearms Safety Course (warning: PDF). Or at least the handbook used as of 2008 - there might be an updated version, but this is the one that popped up in Google. This handbook is 271 pages long.
Also important to note is that, as a minor, the kid would have a different, restricted class of licence. A parent or guardian would also have to give written consent for the minor's licence to be issued. Moreover, an adult is allowed to challenge the safety course and sit the exam directly; a minor is required to go through the entire course. No exceptions.
Oh, yes - this course requirement is only for
un-restricted firearms - hunting rifles and shotguns. For restricted weapons (handguns, etc.) there is a second, more involved mandatory safety course.
Finally, passing the course is
not the only requirement for obtaining a firearms licence.
So basically... holy shit. That the situation in the article
actually occurred boggles my mind. Coming from the context I describe above, you understand why I find this sort of thing to be completely crazy, right? Batshit, off-the-wall, holy-fuck-this-actually-happens-in-the-developed-world
insane? I mean, it's easily preventable and properly punishable. But here we are, in Bizarro-World all the same. Christ.
As for who to blame, I'm still pegging it on American gun culture as a whole. If that wasn't the way it was, the NRA would have no traction, firearms laws and licensing requirements would be different, and maybe this kid would have known how to properly handle a rifle.