Ford government considers arming more special constables but won’t say who will get guns

Should Ontario’s transit enforcement officers or campus security guards be allowed to carry guns?

That’s a question raised by a change the Ford government quietly included in its latest proposed piece of omnibus justice legislation.

Buried in the middle of the Protect Ontario Through Safer Streets and Stronger Communities Act is a change that would allow Solicitor General Michael Kerzner to select groups of special constables who would be allowed to use firearms.

Special constables are a police-adjacent category of officials who work in areas like campus security or transit enforcement. The vast majority carry pepper spray and batons but cannot use firearms.

That could change if the omnibus bill, which is still being debated at Queen’s Park, is passed into law.

“If passed, Bill 10 would allow the Solicitor General, through regulations, to permit groups of special constables to carry and use firearms,” a spokesperson for Kerzner’s office told Global News.

Currently, in Ontario, only special constables who work for the Niagara Parks Commission or for an existing police force in another jurisdiction can carry guns. Other special constables do not.

“All special constables must meet mandatory training standards and adhere to a provincial code of conduct,” the spokesperson continued.

The solicitor general’s office did not say which special constables it was considering allowing to carry firearms, nor did it say why it was making the move now.

Ken Price, a member of Danforth Families for Safe Communities, which advocates for gun control and reform, said the move was curious — and questioned why the government was considering expanding the number of officials who can carry firearms.

“Certainly, we would never begrudge — as Danforth families, any of us — would begrudge the police the kinds of resources they need to do their jobs, that’s not what this is about,” he said.

“But I think when you’re in the area of what special constables (do) and, most of them, it appears today, don’t need weapons to carry out their jobs, so what’s changed? Why does this need to be an element? When more guns in our minds is not a good idea.”

Danforth Families for Safe Communities was formed in the wake of the 2018 mass shooting on Danforth Avenue in Toronto, which killed two and left 13 injured.

The proposed change has been rolled out quietly by the province. It wasn’t announced at a news conference, nor was it included in a detailed background briefing released when the legislation was tabled.

Sarah Strban, a criminal defence lawyer who read the proposed legislation, said how the move would be received depended entirely on who the solicitor general gave guns to.

“The important thing to remember is that a special constable is a very tightly-controlled category of law enforcement, and it applies to a really wide range of conduct,” she said.

Strban suggested it would be “quite reasonable” for special constables working with police forces to carry firearms.

“They’re involved in investigations and maybe helping with things like arrest and detention, interviewing subjects, executing searches,” she explained.

“On the other hand, you get special constables that are dealing with more community work roles, so special constables work in university settings, in transit, in community housing — sometimes with very vulnerable populations. And there I do have some concern where you’re adding more firearms to those situations.”

The special constables who receive firearms will be decided through regulations issued by the solicitor general if the proposed law passes and won’t be debated by the legislature.

Ontario Liberal MPP Karen McCrimmon said, given the potentially seismic change, there should be deliberate consultations.

“Carrying a firearm comes with the authority to use it, and we need to keep that threshold high,” she said in a statement. “The rigorous training our officers receive keeps both us and them safe. Communities deserve a chance to consult on lowering these standards and taking on more risk.”

The solicitor general’s office said it “worked closely with policing and community safety partners to put forward the proposed changes” in the legislation.

McCrimmon suggested it was a dangerous, short-term measure.

“We need investment in a funded and experienced police sector, not a band-aid solution,” she said.

“Arming special constables with less training than police officers is not a proper solution. This government needs to ensure that anyone authorized to carry a gun is properly trained, which minimizes risk to the public and law enforcement.”

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