I don't know if this is an update or if it's posed elsewhere. But there've been some interesting developments around this gun ban. Apologies for the length in advance. Those not interested can move on!
As those who have read this thread know, I was pretty pessimistic about a legal remedy to prevent the ban. While I'm still not exactly optimistic, I'm not as pessimistic as I was.
Why the change? Well, it's a bit complicated. As I pointed out, the Firearms Act gives the federal government ("Governor in Council" for those who are particular about such things) the power to classify a firearm into non-restricted, restricted and prohibited classes. So I thought taking this on this reclassification would be a longshot.
What's happened recently, though, is that I received a letter from the RCMP entitled "Firearm Registration Certificate Impacted by the Amended Classification Regulations." And there's been a posting on the RCMP website. The RCMP says (
https://www.rcmp-grc.gc.ca/en/firea...-new-prohibition-certain-firearms-and-devices):
"a letter was recently sent out to individuals/businesses to inform them that their previously registered restricted firearms are now prohibited and their registration certificates became nullified.
This nullification is the result of the legislative change to the Criminal Code Regulations and not the result of any decision by the Registrar to revoke the registration certificates under the
Firearms Act." (emphasis mine)
This is very interesting. While I haven't (yet) given the matter the study it deserves, the RCMP are saying they specifically have not revoked any registration certificates for the firearms in question. Rather, those registration certificates have been "nullified." Why is this important? Well, if a registration certificate is revoked, the individual to whom it was issued has the right to appeal the revocation.
Section 72(1) of the Firearms Act says the Registrar can decide to revoke a registration of a firearm, and when he does so, he has to send a notice to the firearms owner. So far, so not helpful. However, and this is the critical bit, anyone who has received notice that a registration certificate has been revoked has the right to appeal to a judge, and in that case, a hearing must be held. (secs. 74(1) and 75(1)).
Can you imagine the chaos in the courts if every firearm owner had a right to a hearing before the registration certificates for their firearms were revoked?
To avoid this problem, the RCMP, as above, specifically state that no registration certificate is being revoked. So no right to appeal. Instead, the registration certificates are being "nullified" en masse. And there is no right of appeal in cases of a nullification.
So what's the problem? I can't find anywhere in the Firearms Act that anyone has the right to nullify a registration certificate. And if that right doesn't exist, then the government can't give it to themselves without amending the legislation, and that requires Parliament to vote on it.
So while the government could reclassify the firearms in question, it may be that it can't take them away from current owners without revoking the registration certificate.
As I said, there are a million ways I could be wrong about how this works, but on its face, it may be that our boy king has been too cute by half. At any rate, something to think about.
Unleash the lawyers!