On May 1, 2020, and under the cover of the coronavirus pandemic, the federal cabinet issued Order-in-Council PC 2020-298 [“the OIC”] amending Regulations under the Criminal Code. This OIC arbitrarily reclassified approximately 1,500 previously-legal firearms and “variants” as “prohibited,” thereby making it suddenly illegal to own them. Trudeau’s Cabinet also issued an amnesty order, allowing current owners a two-year amnesty period ending in April 30, 2022. This OIC results in a massive and arbitrary confiscation of private property from law-abiding Canadians.
Trudeau’s arbitrary confiscation of private property from Canadians was also not effected via Parliament. No public consultation, debate, or study occurred in advance of this mass confiscation. Very little explanation has been given by Trudeau’s Cabinet to explain how or why it selected the firearms that it is now confiscating from law-abiding citizens.
Join the fight against the Order In Council, Please donate to these current legal challenges.
Canadian Coalition for Firearms Rights
Legal Team Lead: Laura Warner, JSS Barristers
Date Filed: 26 May 2020
Court: Federal Court
Applicant: CCFR, RODNEYGILTACA, LAURENCE KNOWLES, RYAN STEACY, MACCABEE DEFENSE INC., WOLVERINE SUPPLIES LTD., AND MAGNUM MACHINE LTD
Application Basis:
A)The Judicial Review:
The OIC is a regulation of properties. Therefore it is an infringement of provincial power by Constitution Act of 1867;
The OIC itself is not made within the authority of the criminal code. The GIC's opinion is not based on evidence, good reasoning and fairness and thus the OIC is of no effect.
Delegating to the RCMP to make classification using the FRT is not a delegation permitted by the Criminal Code. The activities of the RCMP lack procedural fairness and natural justice.
- B) The Constitution:
The OIC and the activities of RCMP SFSS are not constitutional according to the Bill of Rights and the Charter concerning enjoyment of property as well as liberty and security. They are in contrary to the principle of fundamental justice, that underpins the Bill of Rights. The OIC is not constitutional concerning with Part 2 of the Constitution Act, 1982, as hunting right falls under Aboriginal and Treaty rights. The OIC is an unreasonable interference of the Treaty rights.
Relief Sought:
- an order to declare the OIC as invalid and a permanent injunction
- an interim trial injunction of the OIC
- an order to prohibit RCMP from prescribing firearms as restricted or prohibited, both on their own or as variants
- return all or part of the OIC prohibited firearms to non-restricted
https://firearmrights.ca/wp-content/uploads/Notice-of-Application-Filing-Copy.pdf
https://firearmrights.ca/en/legal-challenge/
The Shooting Edge/Target Sports
Basics: Numerous strategies to launch specific challenges on cabinet's ability to pass sweeping firearms restrictions without legislative oversight. Consulted with CCFR/CSSA/AB Gov
https://www.gofundme.com/f/jumaq-fight-the-oic-in-court
Supported by the Canadian Shooting Sports Association (CSSA) and the Ontario Land Owners Association (OLA)
https://cssa-cila.org/store/shop/public-interest-litigants-judicial-review/
https://www.gofundme.com/f/gun-ban-court-challenge-judicial-review
Wolverine Supplies
Legal Team Lead: EDWARD L. BURLEW, LL.B
Date Filed: 28 May 2020
Court: Federal Court
Applicant: John Hipwell, founder of Wolverine Supplies
https://www.mediafire.com/file/chel61sh3bay0p3/NOTICE_OF_APPLICATION.pdf/file
https://www.gofundme.com/f/judicial-oic-challenge-john-hipwell-amp-ed-burlew
National Firearms Association
Legal Team Lead: Solomon Friedman, EDELSON FRIEDMAN BLACK LLP
Date Filed: 21 May 2020
Court: Federal Court
Applicant: Casandra Parker
Application Basis:
SOR/2020-96 is not made within the the authority of the Governor in Council granted by sections 84 (1) and 117.15 (1) of the Criminal Code concerning prohibiting firearms that are of reasonable use in Canada for hunting or sporting purpose. In addition, it is inconsistent with s. 1(a) of the Canadian Bill of Rights concerning the right to the “enjoyment of property”
Relief Sought:
To declare SOR/2020-96 is of no force and effect because it is beyond the authority of Governor in Council to make such order through the authority through the Criminal Code.
https://efiling.fct-cf.gc.ca/efilingws/r/doc/v/gmXXegI-G2d33c2ndv80gD5AXQ3EKHTu