The Federal Court rejects a legal challenge to the May 2020 executive branch regulation in Ottawa that bans some 1,500 types of firearms in Canada.
The plaintiffs had notably raised substantive questions regarding firearms and public safety. But in a decision made public Monday, Justice Catherine Kane explains that the court only looked at the question of whether the Trudeau cabinet had exceeded its powers in adopting the regulations.
A few weeks after the Nova Scotia massacre, which left 22 dead in April 2020, the federal Liberals announced that they were banning 1,500 models of “military-style” firearms, which they considered too dangerous for Canadian civil society.
The Canadian Coalition for Firearm Rights and other organizations linked to these weapons then challenged the regulations adopted by the executive branch in Ottawa in court. These organizations argued in particular that the executive did not have the power to promulgate the decree banning these weapons, in particular the AR-15 and the Ruger Mini-14.
In her decision, Justice Kane concludes that the promulgation of the decree and the regulations that followed did not exceed the power of Prime Minister Trudeau and his cabinet.
“The Governor in Council did not exceed the powers delegated to him by the legislature” under the Criminal Code, writes Justice Kane. “The Governor in Council is of the opinion that the designated prohibited firearms cannot reasonably be used for hunting or sport, and this opinion, as well as the decision to designate the firearms in question, are reasonable. »
The judge also considers that the regulation does not infringe section 7 of the Canadian Charter of Rights and Freedoms, which stipulates that “everyone has the right to life, liberty and security of the person.”
But the judge adds that even if the Court considered that the regulation “infringed section 7 in a manner which is not consistent with the principles of fundamental justice”, she would conclude that this infringement is justified and “is part of within reasonable limits”.
“Minimal infringement of the rights of gun owners, who now have less choice in the firearms they can own and use […] is superseded by the beneficial effect of the Regulation, namely the reduction of harm resulting from mass shootings and the danger inherent in prohibited firearms, and by the achievement of the more global objective of improving public safety”, concludes Judge Kane.
The PolySeSouvient organization applauded the ruling, which “confirms the authority of the federal government to ban certain weapons that it considers a disproportionate risk to public safety.”
“This judgment should push the Trudeau government to quickly implement its promises reiterated during the last three electoral campaigns to ban all weapons commonly called “assault weapons”, i.e. military-style weapons which are not reasonably used to hunting,” wrote Nathalie Provost, survivor of femicide at École Polytechnique in 1989 and spokesperson for PolySeSouvient, in a press release.
The Canadian Coalition for Gun Rights said on its website that it would analyze the decision and determine “whether an appeal is likely to be successful.”
“We promised to fight this unfair and irresponsible action by the Liberal government and we will continue to do so until all possibilities are exhausted,” wrote vice-president of public relations, Tracey Wilson.