(Update Aug. 13: Adds that Generoux isn’t a lawyer in first and third paragraphs.)
TheGunBlog.ca — At least five groups or individuals have gone to Canada’s Federal Court to stop the governing Liberal Party’s gun-confiscation order, but Christine Generoux is the first one representing herself without a lawyer.
Generoux submitted her so-called “Application for Judicial Review” of the May 1 “Order in Council” (OIC) with the Federal Court in Ottawa on July 10, according to a PDF of the lawsuit she e-mailed yesterday to TheGunBlog.ca.
‘Self-Represented Litigant’
“I am just a little self-represented litigant here, feeling inspired by Hipwell, CCFR, et al., but embarrassed about the pathetic fight put up by rest of Canadians,” Generoux, who isn’t a lawyer, said in her e-mail.
She aims to raise $25,000 via GoFundMe.com and is inviting the Attorneys General of every province and territory to join her case.
Trudeau Crackdown
Prime Minister Justin Trudeau’s confiscation order, drafted in secret with the federal police, specifically targets Generoux, her two partners in the court challenge, and more than 2 million other federally licensed firearm users and 2,400 businesses.
Trudeau turned them into instant criminals for owning suddenly “Prohibited” rifles and shotguns, and gave them two years to surrender the goods to police to avoid charges or jail. He’s going after handgun owners next.
Unjust and Unconstitutional
“The applicants argue that the new amendments contained in the OIC are discriminatory, unjust, unreasonable and unconstitutional,” said the filing against the Attorney General and Royal Canadian Mounted Police.
RCMP Response
Update July 16: “As this matter is currently before the courts, it would be inappropriate for the RCMP to comment at this time,” Camille Boily-Lavoie, a spokeswoman fo the Ottawa-based firearm regulator, told TheGunBlog.ca July 16 by e-mail in response to our invitation to comment.
Update July 16: The Ministry of Justice didn’t respond for the Attorney General.
Excerpt of Filing
The applicants have locus standi in this matter as they each face either monetary loss of valuable property (unreasonable seizure) or un-just imprisonment under this order in council.
In fact, the property in question was effectively seized on May 01 2020 with no compensation given, in that it is immediately prohibited to use, sell (in Canada) or enjoy — it has been rendered valueless.
Merge, Deadline
The Federal Court says the deadline to file for a judicial review is “within 30 days after the time the decision or order was first communicated to the applicant,” and that extensions are possible.
The court may decide to merge lawsuits that it allows to proceed. It’s also possible that any decision on the challenges won’t come until after the confiscation deadline of 30 April 2022.
Policy Failure
Many firearm owners intend to keep their gear after the deadline, suggesting Trudeau’s plan will fail.
The rising opposition from provinces, police and the public will make any confiscation difficult or impossible to enforce.
Summary Table: Federal Court Challenges
| Court Number | Date Filed (2020) | Lead Party | Lead Lawyer |
|---|---|---|---|
| T-569-20 | May 21 | Cassandra Parker | Solomon Friedman |
| T-577-20 | May 26 | CCFR | Michael Loberg |
| T-581-20 | May 27 | John Hipwell | Edward Burlew |
| T-677-20 | Jun 29 | Michael Doherty | Arkadi Bouchelev |
| T-735-20 | Jul 10 | Christine Generoux | Christine Generoux |
Multiple Contacts
Generoux said she and her co-applicants contacted several of the others who filed in Federal Court, as well as Dennis Young, a leading advocate and researcher for the rights of firearm owners.
See the GoFundMe campaign for more personal comments and context.
At least one lawsuit has also been filed in provincial court, in Alberta.
Generoux Comments to TheGunBlog.ca (Excerpts)
I did not want to sue for intervenor status on another case, because I don’t want to risk interfering with anyone’s case, I also could not leave this up to others to do on my behalf.
I will go it alone if I have to — win or loose, I don’t care if I win — just want someone to win.
Seems our Constitutional rights are being touted as privileges that can be limited, but I believe they’re inalienable, so does Alberta and at least 222,000 people who signed Petition E-2574.
Main principle of my case is: they cannot take away our rights or property based upon lies, and to say that Canadian licensees significantly contribute to “gun violence” in Canada is a lie.
Highlights of Generoux Court Challenge
Federal Court File Number
- T-735-20
Date Filed
- 10 July 2020
Place Filed
- Federal Court in Ottawa
Applicants
- Christine Generoux
- John Perocchio
- Vincent Perocchio
Represented By
- Christine Generoux
- John Perocchio
- Vincent Perocchio
Respondents (Targets)
- Attorney General of Canada
- Royal Canadian Mounted Police
PDF of Filing
Related
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Update July 16: Adds comment by RCMP and Minsitry of Justice.