Safety from weapons: Red Flag Laws
Using the law when someone’s likely to cause harm
When someone is being harmed by their partner, they’re five times more likely to die if their partner has access to firearms, like guns. Weapons also increase the risk that a suicide attempt will end in death.
You don’t have to face this risk alone. If you’re worried about weapons in the home or in a relationship, you may have legal options — including emergency orders that remove access to weapons if there’s a high risk of violence. These are called Red Flag Laws.
This section gives a simple introduction to Red Flag Laws, like how they work, when they might help, and how to apply for an emergency order.
Red Flag Laws can create safety quickly when there’s an immediate risk of harm.
Courts can limit someone’s access to weapons if they’re a high risk.
Anyone can apply directly to the courts for an emergency order.
Who is this information for?
Our resources are for everyone, no matter their gender, age, background, identity, or circumstances. You may want information about the Red Flag Laws if you’re:
- feeling unsafe
- worried about someone else
- worried someone may kill themself
- supporting others in a professional capacity
Every situation is different when it comes to harm, meaning there’s no one “right” answer. Our resources aim to help you recognize risk, understand your options, find support, and make decisions that feel right for you.
What are the Red Flag Laws?
The Red Flag Laws allow courts to limit a person’s access to weapons if they’re likely to harm themself or others. These laws were introduced across Canada in 2023 through Bill C-21.
Many Canadians responsibly and safely own firearms. The Red Flag Laws are only for emergency situations and aren’t designed to punish people. They aim to make people safer and stop harm before it happens.
Two types of orders
The Red Flag Laws include two types of orders:
- Emergency Prohibition Order — usually used when someone owns weapons
- Emergency Limitations on Access Order — usually used when someone may not have their own weapons, but could access someone else’s weapons
Emergency orders can last for up to 30 days. They’re designed to be a quick way to protect people who are in danger. However, they can lead to longer-term restrictions.
Emergency orders are not criminal charges. A crime doesn’t need to have happened for an order to be granted. An order won’t give someone a criminal record.
Anyone can apply for an emergency order. You don’t need a lawyer or the police. You can apply directly to a judge at your local courthouse. There’s no cost.
Learn more about emergency orders and how to apply.
When can Red Flag Laws help?
You may want to apply for an emergency order if you think someone is likely to harm themself or others.
For example, you may have noticed:
- Behaviour around weapons that feels scary
- Someone talking about harming themself or others
- Threats or conflict getting worse in a relationship
- Stalking, controlling, or other signs of intimate partner violence
- Signs of suicide, like hopelessness or giving away belongings
- Access to weapons during an emotional crisis, separation, or family law disputes
Everyone’s situation is different. You might want to use support services to help you understand your options before you apply for an emergency order. You can get free Independent Legal Advice if you’re a survivor of intimate partner violence, human trafficking or sexual violence.
It’s often a good idea to use other responses too, like:
- police intervention
- victim support services
- mental health and crisis support services
- safety planning
- protection orders through family court
You can find support services through Ottawa Victim Services, including services for 2SLGBTQIA+, African, Caribbean, Black, and Indigenous peoples.
Learn more or apply for an order
We can help you understand how to apply for an emergency order. Learn about how the process works, what evidence you might need, and how to protect your privacy.