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Old 05-22-2020, 10:03 PM   #204
MBates
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I posted this in another thread, but will repeat here because I find it quite frustrating when false talking points seem to become the accepted narrative on a topic.

The recent ban was not circumventing the democratic process - it was literally using the precise legal process put in place by our duly elected representatives in Parliament.

The Criminal Code is the legislation which expressly defines a prohibited firearm as any firearm prescribed by a regulation to be a prohibited firearm.

Parliament has expressly given authority to the federal cabinet to make a ban list as it sees fit. There is a limit, but it is pretty nonsensical.

This is the actual section:

Quote:
Regulations

117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.

Restriction

(2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes.

So, if the federal cabinet is of the opinion that a firearm is reasonable for use in Canada for hunting or sporting purposes, then they can't prohibit or even restrict it (which is silly because they wouldn't want to if they thought it was reasonable for hunting and sporting purposes in the first place).

But if the federal cabinet is of the view a firearm is not reasonable for hunting or sporting purposes in Canada, then by passing an OIC, they can prohibit it. As per the duly enacted legislation.

You may think this is a foolish way for Parliament to have set up firearm regulation in Canada, but it is what Parliament legislated. The timing of a pandemic and immediately after a mass shooting and the specific guns banned might be noteworthy for criticism, but it is wrong to claim the government has somehow gone rogue when what they did was use the legislated procedure.
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