The decision of the Governor in Council that in their opinion the weapons prohibited by
SOR/2020-96 are not reasonable for use in Canada for hunting or sporting purposes as referred
to in s. 117.15 (2) is justiciable. It is subject to review by this Court. And, if it is found to be
unreasonable, arbitrary or irrational, it cannot stand.
[snip]
Order in Council 2020-298 is ultra vires the Governor in Council in that it prescribes
firearms to be prohibited that are “reasonable for use in Canada for hunting or sporting
purposes” within the meaning of s. 117.15 (2) of the Criminal Code.
[snip]
The affected firearms are reasonable for use in Canada for hunting or sporting purposes.
[snip]
Indeed, the definition is, in and of itself, a circular one. In the government’s view,
“assault-style firearms” are not reasonable for use in Canada for hunting or sporting
purposes because they are “assault-style firearms”.
This is tautological and cannot be the basis for a reasonable and rational opinion by the
Governor in Council