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"Red Flag" Laws and Preventing Firearm-related Harm
Red Flag laws help to prevent firearm-related harm and are used when someone may be a danger to themselves or others. Anyone can ask a judge for help using Red Flag laws in Canada, meaning you do not need to be a police officer or a lawyer.
Emergency Protection Order (EPO)
- A court order that temporarily removes an individual’s access to firearms or other weapons.
- A judge can issue an EPO if they believe there is a safety risk and it will stay in place for up to 30 days, unless a judge determines that the order is no longer necessary.
- An EPO does not result in a criminal record, but if the order is broken, then subsequent criminal charges can occur.
- An individual petitioning the courts, the judge, or a third party may request extension of the order, with extensions of up to five years available or the granting of another EPO.
- When the 30 days have passed, or a judge deems fit, the individual's licenses and weapons will be returned to them.
Emergency Limitations on Access Order (ELAO)
- A court order that is used to prevent an individual who is not allowed to have firearms or other weapons from gaining access to another person’s firearms.
- A judge can grant an ELAO for up to 30 days and when the timeframe ends, restrictions are lifted and firearms may be returned.
- An ELAO does not result in a criminal record, but if the order is broken, then subsequent criminal charges can occur.
- Under an ELAO, a judge can set rules intended to reduce risk, utilizing the least amount of restriction as possible (ie. Firearms may need to be stored at a licensed friend or family member’s home).
How to apply for an EPO or ELAO:
Anyone can apply for an emergency limitations on access order by contacting their local provincial or territorial court. You do not need a lawyer to apply. Where available, social support services (e.g., DDSV, public legal education organizations, victims' services, and more) may be able to help you make an application.
Judges do not grant emergency limitations on access orders automatically. The person applying (also known as "the applicant") will need to present information to the court at a scheduled hearing.
During the hearing, applicants will need to explain why they believe the person's firearms or other weapons are at risk of being accessed by someone who cannot have firearms or other weapons due to a court order.
The judge can consider many types of information, including but not limited to:
During the hearing, applicants will need to explain why they believe the person's firearms or other weapons are at risk of being accessed by someone who cannot have firearms or other weapons due to a court order.
The judge can consider many types of information, including but not limited to:
- personal notes
- records of calls to the police
- information from third parties, such as a family member, a neighbour or a friend
- video or oral evidence of threats, violence, or attempted violence
The application for an emergency limitations on access order is ex parte. This means that it is made without the knowledge of the person against whom the order is sought (also known as "the respondent"), and the hearing is held without the respondent present. A judge can also take other steps to protect the applicant's identity during the application process. If an order is issued, the respondent will be notified.