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Originally Posted by Envitro
No, the OIC is entirely the wrong mechanism for this and they're trying to use one phrase "in the opinion of" to push a political and idealogical agenda, which you so clearly agree with, to dispossess millions of Canadians of their rightfully acquired property under the pretence of "security for all Canadians", when there is no proof that this will make a single person safer or save a single life.
I could throw all sorts of stats your way but the facts clearly don't matter.
It is very clearly stated in the rest of the firerarms act that only legislation can explicitly make firearms prohibited or restricted, and OIC's are supposed to be used for minor administrative adjustments that were missed by legislation.
Are you telling me that something that's this disruptive, this expensive (probably going to cost $3-5 billion to administer, execute, and confiscate from legal gun owners) is not supposed to be legislated??
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Sigh...
Thankfully, since you are very committed to 'clearly' posting facts, please post any single section of the Firearms Act that in any way says what you have claimed.
I can help you, here is the entire Firearms Act and you can tell us which ones you were referring to:
https://laws-lois.justice.gc.ca/eng/acts/f-11.6/
Of course, you might want to note from my earlier post that it is a section from the Criminal Code (which is not the Firearms Act) that gives the Governor in Council (aka Federal Cabinet) its power to prescribe restricted and prohibited firearms.
Not surprisingly, with specific reference to the process I have shown you, the OIC which is published as SOR 2020-96 is passed as a regulation under the Criminal Code, and leads with:
Quote:
Whereas the Governor in Council is not of the opinion that any thing prescribed to be a prohibited firearm or a prohibited device, in the Annexed Regulations, is reasonable for use in Canada for hunting or sporting purposes...
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https://firearmrights.ca/wp-content/...er-Weapons.pdf
The legal challenges that have a chance of succeeding will be ones arguing that the Cabinet has acted arbitrarily and in bad faith, contrary to the evidence etc. and seeking to overturn the substance behind the opinion as palpable and overriding error...not that the OIC is an unlawful mechanism for prescribing prohibited firearms.
Like this one:
https://ottawacitizen.com/news/court...deral-gun-ban/
It really would assist the opponents of the ban to stop arguing with feverish certainty things that are objectively wrong.
It does remain to be seen if all of the requirements of the Statutory Instruments Act and Federal Policy for making regulations was followed (stuff often referred variously as 'red tape') but that is its own issue.
If you read this page, you will learn more than you ever wanted to know, but should 'clearly' from this point on know that the Governor in Council exercises power to make regulation by way of OIC.
https://www.canada.ca/en/privy-counc...tions.html#pt3
Quote:
Making or Approval of Regulations
A regulation is "made" when it is officially established by the regulation-making authority. This is usually done through a separate document called an executive order. The regulation is attached to the order as an annex.
If the authority is the Governor in Council, the executive order is an "order in council" and the regulation is made when the Governor General indicates that the order in council is made. If the authority is a minister, the executive order is a "ministerial order" and the regulation is made when the minister signs the ministerial order. In the case of an agency or other body, the executive order is usually a resolution or other document, depending on its decision-making process.
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As an aside, I found this Canadian Government guide as the top hit to the Google search,
"how to make a regulation in Canada"
It has never been easier for citizens to be well informed on legal matters. Not saying in any way that everyone should be expected to have the training and experience of a lawyer, but if you are going to make statements of law like "the OIC is entirely the wrong mechanism for this" it really would make more sense to run the Google machine for 10 minutes first.