Seeking accountability for the systems behind gun violence.
Illegal firearm trafficking is one of the most serious public safety concerns facing Ontario communities. Criminal prosecutions rightly focus on the individuals who possess, transport, or use illegal firearms, but important questions are often left unanswered. How did the firearm reach Ontario? Who profited from moving it? Were there foreseeable failures in manufacturing, distribution, or oversight that allowed preventable harm to occur?
Gun safety litigation looks upstream at those questions. At Howie, Sacks & Henry LLP, our focus is the broader, systemic question of how trafficked firearms continue to enter Canadian communities, and who should be held accountable for the harm that follows.
The Scale of the Problem in Ontario
Government and police data continue to point to the same conclusion: the firearms driving violence in Ontario are overwhelmingly trafficked from outside the country.
- According to Toronto Police Service data, approximately 88% of crime guns recovered in Toronto in 2024 were traced to the United States.
- The Government of Ontario has reported that approximately 91% of crime handguns recovered in the province in 2024 were believed to have been illegally trafficked from the United States.
- In the first ten months of 2024, Canada Border Services Agency officers in the Southern Ontario region intercepted more than 3,000 weapons and firearms.
- Statistics Canada recorded approximately 152 firearm-related homicides in Canada in 2024, with organized crime and gang activity continuing to play a substantial role in firearm violence.
These figures describe a systemic problem, not a series of isolated events. They point to supply chains and distribution channels that move dangerous products across borders and into communities, often unchecked.
What Is a Gun Safety Lawsuit?
A gun safety lawsuit examines whether parties beyond the individual shooter may bear legal responsibility for foreseeable harm caused by trafficked firearms.
Depending on the facts, litigation may investigate:
- Distribution networks and supply chain practices
- Firearm manufacturers and dealers
- Cross-border trafficking channels
- Corporate conduct that contributed to foreseeable misuse
- Other entities involved in the movement of firearms
Each case requires detailed investigation and careful legal analysis. The goal is to determine whether reasonable steps could have prevented the harm, and whether accountability should extend further up the chain.
An Emerging Area of Canadian Law
Across North America, governments and advocacy organizations have increasingly turned to civil litigation to address gun violence, alleging that some manufacturers and distributors failed to implement reasonable safeguards against illegal diversion and trafficking. These cases have helped shape a growing conversation about corporate accountability and public safety.
While this area of law remains relatively new in Canada, courts continue to examine evolving questions of foreseeability, negligence, product liability, and the duties owed to the public. HSH approaches this work as more than a single lawsuit, it is part of a broader effort to understand and address a systemic public safety failure through evidence-based advocacy.
Who May Have a Claim?
Civil claims may arise where individuals or families have suffered:
- Fatal injuries
- Catastrophic injuries
- Psychological trauma
- Loss of income or financial dependency
- Family Law Act claims
- Wrongful death damages
- Trustee Act claims
Every situation is unique and requires individual legal assessment.
Why This Work Matters
This is about more than any one tragedy. It is about understanding how preventable harm keeps reaching Ontario communities, and whether reasonable steps could have reduced the risk. By pursuing accountability where the evidence supports it, and grounding that work in government, police, and academic data can advance public awareness, encourage safer practices, and seek justice for those affected by gun violence.
Speak With Our Team
If you believe a systemic failure contributed to serious injury, loss of life, or other preventable harm involving an illegally trafficked firearm, our team can help assess your options and determine whether accountability extends beyond the immediate cause of the incident.
Frequently Asked Questions
Can victims of gun violence sue in Canada?
Potentially. Depending on the facts, civil claims may be available against individuals, organizations, or other parties whose conduct contributed to foreseeable harm.
Can gun manufacturers be sued in Canada?
It depends on the circumstances and the legal theory advanced. Product liability, negligence, marketing practices, distribution practices, and foreseeability may all be relevant to whether a claim can proceed.
Where do illegal firearms in Ontario come from?
Toronto and Ontario police data consistently indicate that the overwhelming majority of crime handguns recovered in the province are trafficked into Canada from the United States.
What evidence is needed?
Evidence may include police investigations, firearm tracing information, expert reports, supply chain records, corporate documents, and other information establishing how the firearm reached Canada and whether foreseeable risks were ignored.
Is this type of lawsuit common?
No. Gun safety litigation is an emerging area of law in Canada, which is why it is important to work with counsel experienced in complex liability and systemic negligence claims.
