The Canadian Firearms Act Means You Can't Take Your Fundamental Rights For Granted

Original text by Garry Breitkreuz, MP. -- Amended by WHYFOR, October 2000.

(1) The Firearms Act runs roughshod over your fundamental right to private property (and also under the Bill of Rights) by giving police the authority to confiscate your property without due process of law and fair, just and timely compensation. [See Firearms Act, Sections 102(1)(b) and 102(4)] The Firearms Act will also confiscate all prohibited firearms without compensation upon the death of the current owner. 

(2) The Firearms Act runs roughshod over your fundamental right and Charter right to be secure against unreasonable search and seizure by authorizing police to enter, search and seize without a warrant even when no crime is known or suspected. You must allow the search or face arrest and may only challenge the legality of the search after the fact. [See Firearms Act Section 102 and 104 and Criminal Code amendments Section 117.04(1)]

(3) The Firearms Act runs roughshod over your fundamental right and Charter right against self-incrimination, also known as your right to remain silent, by authorizing police to threaten you with a criminal charge [See Firearms Act, Section 103 and 113] if you do not "give the police all reasonable assistance" and "provide police with any information" to search and exercise any "power" conferred on the police "relevant to the enforcement of this Act or the regulations or Part III of the Criminal Code." [See Firearms Act, Section 103]

(4) The Firearms Act runs roughshod over your fundamental right and Charter right to be assumed innocent until proven guilty by saying the "burden of proof is on the applicant" [See Firearms Act, Section 75(3)] and further, "the onus of proof is on the accused to prove." [See Criminal Code amendment Section 117.11] 

(5) The Firearms Act runs roughshod over your fundamental right to legal counsel before your "consenting" to a police "inspection" of "any place" or a warrantless search of your home. [See Firearms Act Section 103 and 113]

(6) The Firearms Act runs roughshod over your fundamental democratic right to be represented by your Member of Parliament by allowing the Minister of Justice to make over four pages of regulations [See Firearms Act Section 117(a) to (v)] and under Part III of the Criminal Code "without being laid before either House of Parliament." [See Firearms Act Section 119(6)]

(7) The Firearms Act runs roughshod over your fundamental right to be treated equally before the law by giving government the authority to adapt "any provision" of the "act or regulations" as they apply to "any of the aboriginal peoples of Canada." [See Firearms Act Section 117(u)] Note: This provision could be used either to exempt Indians from certain provisions in the bill or impose even stricter controls and even disarm whole reserves. Section 119(6) of the Firearms Act would permit this to be done by the Minister acting alone without the regulation being brought before either House of Parliament.

(8) The Firearms Act runs roughshod over your fundamental right to privacy by authorizing the police to conduct "inspections" (searches) even if you don't own a firearm. [See Firearms Act, Section 102 and 104]

(9) The Firearms Act runs roughshod over your fundamental right and Charter right to freedom of association by giving the government the power to prohibit you from owning firearms because you "cohabit with" or are "an associate of" someone already prohibited from owning guns. [See Criminal Code amendment Section 117.011(1)(b)]

(10) The Firearms Act even authorizes the creation of even more "police officers" by including anyone in the definition who "is in a class of individuals designated by the provincial minister." [See Firearms Act, Section 101]

Work within the political system to nominate only candidates who support your views.
Tell your MP you will only vote for them if they support your views.


Original text from Garry Breitkreuz's New Release, April 27, 1995, http://www.garrybreitkreuz.com/breitkreuzgpress/guns29.htm

Bill C-68 was passed by Parliament and received assent, December 5, 1995 and is now known as the Firearms Act.

Amended by WHYFOR, October 2000, to correspond with the actual Firearms Act and Criminal Code references.

Canadian Firearms Act: http://laws.justice.gc.ca/en/F-11.6/index.html  
Canadian Criminal Code: http://laws.justice.gc.ca/en/C-46/index.html