(Update May 28 at 20:25 Toronto time: Adds government response.)
TheGunBlog.ca — Canadian Prime Minister Justin Trudeau’s order for hunters, sport shooters and businesses to surrender our firearms violates the Constitution and should be struck down, said a lawsuit initiated by J.R. Cox.
The Notice of Constitutional Question filed today in the Court of Queen’s Bench of Alberta said the surprise May 1 cabinet decree violated Section 91 of the Constitution Act, 1867, “by infringing on the jurisdiction of Parliament.”
Inconsistent With Rule of Law
The arbitrary and unilateral order, drafted in secret with the federal police, is inconsistent with “the constitutional principles of the rule of law, constitutionalism and democracy,” the document said.
Cabinet’s sweeping Order in Council also overstepped the authority to prohibit firearms under Section 117.15 of the Criminal Code, the lawsuit said.
“We are going to be fighting the OIC and all these gun regulations in general,” Cox said today in a video on Facebook.
He owns The Shooting Edge in Calgary and Target Sports Canada near Toronto, and filed the lawsuit as part of a group.
More than a thousand people have donated over $73,000 for the court challenge.
Update May 28: Ian McLeod, a spokesman for the Department of Justice, e-mailed the TheGunBlog.ca on May 28 in response to our invitation to comment:
The Government of Canada is aware of proceedings that have been filed challenging the Order in Council passed on May 1. The Government is confident that the Order in Council is both reasonable and constitutional.
The Governor-in-Council, which is made up of Cabinet Ministers, has had the authority to make firearms regulations since 1969, including listing firearms as prohibited or restricted. This Criminal Code authority was used to amend the firearms regulations on May 1, 2020.
Source: Department of Justice, Response to TheGunBlog.ca, 28 May 2020
This is at least the third large-scale legal action to block Trudeau’s arbitrary, unilateral and unprecedented attack.
More than 215,000 people have signed the No. 1 e-petition in House of Commons history to stop one of the biggest crackdowns against honest citizens by any democracy in history.
- Date Filed: 27 May 2020
- Court File Number: 2001-06832
- Location: Calgary, Court of Queen’s Bench of Alberta
- James Cox
- The Shooting Edge
- Steven Arena
- Sterling Arms International Inc.
- Attorney General of Canada
Lawyers for Cox
- Greg Dunn and Caitlin Taylor, Dunn & Associates (Calgary)
- Brendan Miller, Walsh LLP (Calgary)
Notice of Constitutional Question