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Thread: OIC Legal Action Tracker 28May20

  1. #1
    Administrator greentips's Avatar
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    OIC Legal Action Tracker 28May20

    Status: Filed
    1)
    Legal Team Lead: Solomon Friedman, EDELSON FRIEDMAN BLACK LLP

    Date Filed: 21May2020
    Court: Federal Court
    Applicant: Casandra Parker
    Application Basis:

    SOR/2020-96 is not made within the the authority of the Governor in Council granted by sections 84 (1) and 117.15 (1) of the Criminal Code concerning prohibiting firearms that are of reasonable use in Canada for hunting or sporting purpose. In addition, it is inconsistent with s. 1(a) of the Canadian Bill of Rights concerning the right to the “enjoyment of property”

    Relief Sought:

    To declare SOR/2020-96 is of no force and effect because it is beyond the authority of Governor in Council to make such order through the authority through the Criminal Code.

    Organization affiliated: NFA ( gun org )
    https://efiling.fct-cf.gc.ca/efiling...80gD5AXQ3EKHTu


    2)
    Legal Team Lead: Laura Warner, JSS Barristers

    Date Filed: 26May2020
    Court: Federal Court
    Applicant: CCFR, RODNEYGILTACA, LAURENCE KNOWLES, RYAN STEACY, MACCABEE DEFENSE INC., WOLVERINE SUPPLIES LTD., AND MAGNUM MACHINE LTD
    Application Basis:

    A)The Judicial Review:
    The OIC is a regulation of properties. Therefore it is an infringement of provincial power by Constitution Act of 1867;

    The OIC itself is not made within the authority of the criminal code. The GIC's opinion is not based on evidence, good reasoning and fairness and thus the OIC is of no effect.

    Delegating to the RCMP to make classification using the FRT is not a delegation permitted by the Criminal Code. The activities of the RCMP lack procedural fairness and natural justice.

    B) The Constitution:
    The OIC and the activities of RCMP SFSS are not constitutional according to the Bill of Rights and the Charter concerning enjoyment of property as well as liberty and security. They are in contrary to the principle of fundamental justice, that underpins the Bill of Rights.

    The OIC is not constitutional concerning with Part 2 of the Constitution Act, 1982, as hunting right falls under Aboriginal and Treaty rights. The OIC is an unreasonable interference of the Treaty rights.

    Relief Sought:

    - an order to declare the OIC as invalid and a permanent injunction
    - an interim trial injunction of the OIC
    - an order to prohibit RCMP from prescribing firearms as restricted or prohibited, both on their own or as variants
    - return all or part of the OIC prohibited firearms to non-restricted

    Organization affiliated: CCFR ( gun org )
    https://firearmrights.ca/wp-content/...iling-Copy.pdf


    3)
    Legal Team Lead: Greg Dunn and Caitlin Taylor, Dunn and Associates

    Date Filed: 27May2020
    Court: Court of Queen's Bench of Alberta
    Applicant: James Cox, The Shooting Edge, Steve Arena and Stirling Arms International
    Application Basis:

    That the court of Alberta is responsible for trying offences created by OIC and the criminal code, and therefore this case is brought to the Queen's Bench of Alberta.
    The OIC itself is not made within the authority of the criminal code by several factors. Some are technicals surrounding 117.15 like that the GIC did not fully reason each one fo the 1500 banned firearms, no provision in 117.15 for NR and R to P, and also that laying the regulation without tabling to the parliament when there isn't an emergency.

    It also looks at the constitution angle by arguing that 117.15 ( that grants the GIC authority to make regulation ) is unconstitutional due to lack of process required to form the opinion, as well as how the OIC violates the constitutional doctrines.

    Relief Sought:

    -An interim injunction of the OIC in the province of Alberta
    -A declaration of the OIC is of no force or beyond the authority granted by the relevant sections of the criminal code in Alberta
    -A specific declaration the SEI 102 is non restricted in Alberta

    Organization affiliated: The Shooting Edge( business )
    https://www.mediafire.com/file/nz0rp..._2020.pdf/file


    4)
    Legal Team Lead: EDWARD L. BURLEW, LL.B

    Date Filed: 28May2020
    Court: Federal Court
    Applicant: John Hipwell, founder of Wolverine Supplies
    Application Basis:

    TBD

    Organization affiliated: Wolverine Supplies ( business )
    https://www.mediafire.com/file/chel6...ATION.pdf/file





    * This will be updated as information becomes public.
    Last edited by greentips; 05-29-2020 at 10:05 AM.


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  2. #2
    CGN Ultra frequent flyer bfiles's Avatar
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    Glad to see a thread on this
    CSSA MEMBER
    "Sleep in bliss Pops"!!!!!!

  3. #3
    Super GunNutz 'Boo's Avatar
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    Thumbs up

    Very good start!
    "Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth." Marcus Aurelius

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    Thank you

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    CGN Ultra frequent flyer Paul_T's Avatar
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    Thanks. Please add links (if any) to donate to the various actions.
    "No matter where you go - there you are"
    Member: CPC, CCFR, CSSA

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    GunNutz Wildey's Avatar
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    Tagging the hell out of this one.

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    Uber Super GunNutz RoughneckRico's Avatar
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    Isnt there a class action for firearm owners going with a Toronto attorney as well?
    Member: CSSA, OFAH, CCFR, NFA, CTOA & NRA

  8. #8
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    This appears to have been filed May 20. I have a copy in PDF if there is interest in the content

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    Uber Super GunNutz drift1122's Avatar
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    We need a thread on who needs financial support.
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  10. #10
    CGN Regular mb9's Avatar
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    Good to see. Thanks for the thread tracking it.
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