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Old 01-19-2022, 07:29 PM   #8
timun
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Join Date: May 2012
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rooster's post is copied verbatim from the "Canadian Institute for Legislative Action", the lobbying arm of the Canadian Sports Shooting Association (CSSA); the Canadian equivalent of the NRA (and the NRA's lobbying arm, the Institute for Legislative Action...).

See https://cssa-cila.org/the-low-lights...ral-bill-c-21/

Not that I think Bill C-21 is good policy—I think it actually does overreach, will be almost entirely ineffectual, and is quite dumb—but the CSSA-CILA's alarmist take on it is nonsense. The actual text of the bill can be found here: https://www.parl.ca/DocumentViewer/e.../first-reading

The gist of the part of the bill in question is it would add a new section to the Criminal Code, allowing anyone to petition a provincial court judge to get an "emergency prohibition order" that prohibits someone from possessing "any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made."

The CSSA-CILA is selectively quoting the proposed paragraph 110.1(5), which says:

Quote:
If, in respect of a person who is subject to an order made under subsection (2), a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person, or of any other person, for the person to possess any thing the possession of which is prohibited by the order, the peace officer may, where the grounds for obtaining a warrant under subsection (4) exist but, by reason of a possible danger to the safety of the person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.
So no, it's not a blanket allowance for warrantless searches and seizures, it's very specifically in the case of someone who has already had an "emergency prohibition order" issued against them by a judge, and the "things" in question are the "firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance" that are specified in that court order.
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