Court Win: Judge Sides With Gun Owners, Allows Hearings to Fight Trudeau’s May 2020 Attacks

Alberta judge allows Section 74 hearings, says “nullification” of firearm-registration certificates “did not occur by operation of law.”

21 Jan 2022

TheGunBlog.ca — An Alberta judge today sided with gun owners against the Canadian government, allowing their request for a hearing to fight Prime Minister Justin Trudeau’s political attacks begun in May 2020.

Details

  • Justice Glen Poelman of the Court of Queen’s Bench of Alberta ruled that nine applicants could proceed with a provincial hearing under Section 74 of the federal Firearms Act to challenge the RCMP’s revocation of their firearm-registration certificates.
  • He dismissed the government’s appeal to block the hearings.
  • He rejected a key claim by the government, and said the RCMP tactic of criminalizing government-licensed gun owners through “nullification” of our firearm-registration certificates was in effect a revocation.

Why It Matters

  • Poelman’s decision means the nine applicants will get their day in court, but doesn’t mean they will win their Section 74 cases.
  • It opens the door for 70,000+ gun owners directly targeted by Trudeau and the RCMP to newly apply for Section 74 hearings, or to re-apply if their past applications were rejected. (Do it!)
  • Poelman’s analysis strengthens six cases in Federal Court that aim to show Trudeau’s crackdown is abusive, illegal and unconstitutional.

Nullifying the Claim of Automatic ‘Nullifications’

Poelman spent several pages obliterating the government’s and RCMP’s claims that the RCMP’s “nullification” of firearm-registration certificates happened automatically when Trudeau published his mass-criminalization Order in Council of 01 May 2020.

  • The “nullification” of the certificates is just one of the ways the RCMP helped Trudeau execute his attacks on honest Canadians.
  • Poelman’s conclusion is the newest court decision showing the “nullifications” weren’t automatic. Two weeks ago in a Section 74 case in Ontario, the judge ordered the disclosure of “all information” on the RCMP’s “nullification” algorithm.
  • Poelman’s analysis showed the RCMP’s unprecedented and previously unheard of “nullification” tactic was outside the rule of law and the operation of law.

Poelman Quote

Poelman said in Paragraph 70 of today’s 86-paragraph decision:

In the absence of proper process and an express statement that previously issued registration certificates were revoked, and in the absence of any other provision in the Criminal Code or the Firearms Act mandating revocation in these circumstances, the revocation (nullification or invalidation) of the registration certificates did not occur by operation of law.

Justice Glen Poelman, Reasons for Decision, 21 January 2022

“… the revocation (nullification or invalidation) of the registration certificates did not occur by operation of law.”

Poelman Decision

FILED-ATTORNEY-GENERAL-OF-CANADA-v-SMYKOT-et-al-Reasons-for-Decision

Greg Dunn: ‘Take a Stand’

Following is a comment by Greg Dunn of Calgary-based Dunn & Associates. He is the lead counsel for two of the Section 74 applicants affected by Poelman’s decision today.

Listen to our full 30-minute interview.

Gun owners are a segment of the population in which we’re used to being maligned and marginalized, and essentially not given a lot of heed with respect to our civil liberties.

Ultimately, we can lie down and allow the powers that be to take our freedoms and to take our property. Or we can fight. And ultimately, if you fight, you take a risk that you may lose. But you may also win.

That’s what Mister Dolhun and Mister Stark did. They took that risk, and they won. It may be a small victory and it may be Pyrrhic victory at the end of the day. But those doors have not yet closed.

But I would just encourage everyone to take a stand.

Greg Dunn, Interview With TheGunBlog.ca, 21 January 2022

RCMP Response

The Ottawa-based Royal Canadian Mounted Police, which is helping Trudeau with his crackdown and targeted more than 70,000 government-licensed firearm owners with “nullification” notices, didn’t respond to TheGunBlog.ca’s invitation to comment.

What Happens Next

  • Alberta’s courts will schedule a Section 74 hearing for the nine applicants.
  • Other Section 74 hearings across Canada and six Federal Court challenges are proceeding.
  • Trudeau’s plan to confiscate an estimated 150,000 rifles and shotguns from government-licensed gun owners by 30 April 2022 will fail.

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