Devenir membre

L'adhésion à l’Association Canadienne des Propriétaires d’Armes à Feu est disponible en plusieurs catégories - il existe différentes options d'adhésion - dont l'une répondra à vos besoins. Votre adhésion avec l’Association Canadienne des Propriétaires d’Armes à Feu représente une indication solide de votre soutien et votre dévouement envers les droits de chasse et de tir sportif. Devenez membre.

Forum ACAF

la section exclusivement réservée aux membres ACAF du forum de notre partenaire, Gun Owners of Canada, est un des nombreux avantages d'une adhésion à l'ACAF.

For Lawyers

Resources for Lawyers
Date: 
Mercredi, Avril 7, 2010

Recently bureaucrats within the Department of Natural Resources restarted a consultation process aimed at making substantive changes to the current Explosives Act. The Act is extremely important to members of the recreational firearms community as it determines the quantity and manner in which reloading components and propellants can be legally stored.

Date: 
Jeudi, Septembre 14, 2006

For Lawyers

Firearms control law is complex, and the results of cases are often surprising. There are 137 pages of dense and complex law in the Firearms Act and the firearms sections of the Criminal Code. There were 142 pages of dense and complex Regulations in a book published by the government in 1998.

Following the making of the Regulations of 1998, more Regulations have been made and brought into force every year. Over 30 Orders in Council have made it impossible to keep track of what the Regulations say, and which ones were in force on any particular day.

The various sections of the Firearms Act and the Criminal Code interact in ways that are not at all obvious. Then they interact with the Regulations in even more complex
ways.

It is not reasonably possible to publish anything in this area for the general guidance of lawyers or persons accused of violating a section of the Firearms Act or Criminal Code. It is not possible to publish anything for the general guidance of lawyers and persons accused of violating a Regulation.

The complex interactions, and the shifts caused by apparently minor details in a particular case, make it very necessary for the lawyer and/or the accused to deal directly with the National Firearms Association Legal office.

In the majority of cases brought to the attention of the National Firearms Association Legal office, we have been able to assist. That assistance often results in the dropping of the charge before trial. It also often results in the accused being found innocent of the offence, although the Crown prosecutor thought that his case was an iron-clad certain winner.

Lawyers have to learn vast amounts of law. The National Firearms Association is a narrow specialist in ONE area of the law -- firearms law. An average lawyer has to spend long hours researching a firearms case, but if that same lawyer calls National Firearms Association, he will find that the research has already been done for him. It will probably pop out of his fax machine within minutes.

National Firearms Association Legal Department has long experience with firearms cases. It has supplied expert witnesses and briefings for one murder trial and one attempted murder trial, as well as innumerable firearms control law cases. The National Firearms Association has a very good track record; if the accused has not done something that is completely unjustifiable, The National Firearms Association offers a good chance to have him walk out of court as an innocent person.

If you have a case involving firearms, it is well worth your while to phone (780)439-1394 between 8 and 11 AM, Mountain time, on a weekday.

If you are interested in promoting your practice in the Canadian Firearms Journal, you can join Canada's National Firearms Association as a Business Member, for $60 annually. Click the Become a Member Link on this page.

Date: 
Vendredi, Décembre 23, 2005
pdf Click here to download "Constitutional Defences" in PDF format. 98.29 Kb

NFA Briefing Document 15 Version 8

In 1985, the Supreme Court of Canada considered the B.C. Motor Vehicle Reference case (Reference Re Section 94(2) of the Motor vehicle Act (1985) 2 SCR 486). It found that the law created an absolute liability offence, and that imprisonment was a possible penalty. The court ruled that such a combination is unconstitutional (a violation of s. 7 of the Charter), and required every other court that encounters such a defect in a law should strike that law down.

CC s. 91 is such a law, and every court is supposed to strike it down if the government tries to use it. CC ss. 92, 93, 94, 95, and 97 also exhibit this defect in some circumstances.

If the reader is dealing with a CC s. 92, 93, 94, 95, or 97 or FA s. 112 case, each argument below should be tested by substituting the charge identification for CC s. 91. In many of the cases, the argument will still apply.

In 1988, the Supreme Court of Canada considered the Morgentaler et al v. The Queen and the Attorney General of Canada case ([1988] 1 SCR 30). It found that the government had provided a specifically-tailored defence to that particular [criminal] charge in the law. The Court also found that the defence was illusory, or so difficult to obtain as to be practically illusory. The Court ruled that when a court is asked to consider a case that exhibits that defect in the law, it must strike the defective law down.

CC s. 91 exhibits that defect, as do CC ss. 92, 93, 94, 95, and 97 in some circumstances.

In 1991, the Supreme Court of Canada considered the Wholesale Travel case ([1991] 3 SCR 154) to settle the validity of strict liability offences. In the case of a 'regulatory offence' or a 'public welfare offence', including those that carry the penalty of imprisonment, fundamental justice does not require that mens rea be an element of the offence. Fundamental justice is satisfied if there is a defence of reasonable care, and the burden of proving reasonable care (to the civil standard) may be cast on the defendant. In the case of 'true crimes', however, fundamental justice requires that mens rea be an element of the offence, and the burden of proving mens rea (to the criminal standard) would have to would have to be on the Crown [emphasis added].

CC s. 91 is a law that does not deal with a regulatory offence. It deals with a ‘true crime,’ and therefore the government must prove mens rea. CC s. 91 is designed and written to permit the conviction and imprisonment of an accused without the Crown having to prove mens rea, and such a law must therefore be struck down by any court that is asked to consider it.

Date: 
Vendredi, Février 25, 2005
{mosbookmarks:bm=204;box=2} (external link to Canadian Legal Information Institute website)

Reference re Firearms Act (Can.), [2000] 1 S.C.R. 783, 2000 SCC 31
The National Firearms Association, as a part of CORFOS was an intervener in this case.
{mosauthorxtd noshow}
Date: 
Vendredi, Février 25, 2005

NFA BRIEFING DOCUMENT 2  VERSION 4

In what follows, "CC s." means "Criminal Code section";
"FA s." means "Firearms Act section";

Date: 
Vendredi, Février 25, 2005

NFA BRIEFING DOCUMENT 1  VERSION 4

In what follows, "CC s." means "Criminal Code section"; 
"FA s." means "Firearms Act section";
"FAR p." means "Firearms Act Regulations March 1998 page"; and
"CGII/132/20 p." means "Canada Gazette Part II Vol 132 No 20 page"

Syndicate content