Challenging the Firearms Ban – an Update

Published September 1, 2020

If you have forgotten the Order in Council that banned 1500 firearms (and counting) on May 1st, 2020, its really not surprising with everything that has been going on, most notably the WE scandal, the appointment of Chrystia Freeland to replace Bill Morneau as Finance Minister, and the proroguing of Parliament.  But I am sure it is still top of mind for the millions of legal gun owners in Canada, who overnight suddenly discovered their property was now illegal.

There are now six Federal Court proceedings seeking to overturn the Order in Council. Lawyer, Arkadi Bouchelev reports that they are all being case-managed as one proceeding and will likely be heard at the same time, possibly not before late 2021.

He further states that “Regardless of the outcome of the case, there will likely be an appeal to the Federal Court of Appeal and eventually perhaps even to the Supreme Court of Canada, which could take years to make their way through the Court system. For these reasons, I have been instructed by my clients to apply to the Court for an interim injunction that would allow owners of firearms affected by the Order in Council to continue enjoying their private property while this case is being litigated. As it stands now, the owners of such firearms may only keep them at home under lock and key and cannot use them for hunting and target shooting. My clients feel that this is neither reasonable nor fair. To be clear, my clients will be asking that the injunction be for the benefit of ALL Canadian gun owners and not just the nine people that I represent. “

The injunction motion is a significant and expensive undertaking, and will require its own witnesses, affidavits, cross-examinations, etc. It is the best chance we have, with the current political climate, to remove the restrictions imposed by the Order in Council.

The OLA is asking if you can help with a donation to our Go Fund Me page. https://www.gofundme.com/f/gun-ban-court-challenge-judicial-review/

And thank you to all those who have donated.

From the Canadian Sport Shooting Association’s  website (https://cssa-cila.org/cssa-supports-three-legal-challenges-of-sor-2020-96/) “Toronto lawyer Arkadi Bouchelev represents a group of ten public interest litigants in their judicial review. The case is supported by the Ontario Landowners Association.

For those who remember the Peter Sedge case, Mr. Bouchelev is the attorney who successfully defended Mr. Sedge and negotiated a settlement between Mr. Sedge and the Toronto Police Service for their gross misconduct. Mr. Bouchelev has welcomed the CSSA’s considerable expertise and assistance.”

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