OIC Legal Challenge Court Dates Schedule

[jmichelin84]

Thanks for the update I'm praying to whatever God's demons aliens whatever is out there that will listen that we get this case on our side

[MountedMadness]

$50 CCFR.
Alberta Tactical next month.

[MOPP4]

I have not noticed anyone using the s74 challenge with regards to the registrar not complying with the firearms act and issuing a valid registration certificate. Per the act all restricted and prohibited firearms must be issued a registration certificate.

The issue I am having with my s74 challenge is a request for dismissal on the grounds of no jurisdiction of the provincial court to act as the decision was made by OIC and not the registrar.

However due to the status of the firearms being prohibited require per the act to have a valid registration certificate which has not been issued by the registrar resulting in a valid s74 challenge due to not issuing a valid registration certificate required by the firearms act.

I think taking another angle on the issue is another perspective from the tunnel vision of focus on the challenge.

It would be great to have other members opinions

Thanks

[Cameron SS]

I have not noticed anyone using the s74 challenge with regards to the registrar not complying with the firearms act and issuing a valid registration certificate. Per the act all restricted and prohibited firearms must be issued a registration certificate.

The issue I am having with my s74 challenge is a request for dismissal on the grounds of no jurisdiction of the provincial court to act as the decision was made by OIC and not the registrar.

However due to the status of the firearms being prohibited require per the act to have a valid registration certificate which has not been issued by the registrar resulting in a valid s74 challenge due to not issuing a valid registration certificate required by the firearms act.

I think taking another angle on the issue is another perspective from the tunnel vision of focus on the challenge.

It would be great to have other members opinions

Thanks

You are one of more than 200 canadians who have initiated a s74 proceedings to challenge the actions of the registrar to give effect to the OiC.

The reason why you dont hear much about it is because the gun orgs do not support this effort.

Are you challenging the cancellation of your previous certificates or are you suggesting that the registrar has failed to issue you a prohibited registration certificate?

Because those are two very different things.

Did you ask the registrar to give you a prohibited registration certificate?

Legally speaking the registrar can not give you a certificate for a prohibited firearm unless you have a license to possess THAT prohibited firearm.

Whether or not the registrar should have cancelled your old certificate is an entirely different matter.

We should talk. Shoot me a PM.

[JehRod]

Copy and paste from CCFR

https://firearmrights.ca/court-update-schedule-set/

NOTE: Injunction hearing to the OIC just 19 days before the OIC amnesty expires. The decision will be coming out just before the amnesty expiration

Court Update - Schedule Set
Court Challenge, Politics

Re: CCFR v Canada - 22 Sept Case Management Conference

The Court ordered the following deadlines to get the case to a hearing:

1. CCFR and other Applicant’s file and serve all remaining Affidavits by October 1, 2021
2. All Respondents’ Affidavits to be filed and served by December 10, 2021
3. Next Case Management Conference in early December
4. Cross-examination on all Affidavits by January 21, 2022
5. All Applicants’ Motion Records all filed by February 21, 2022
6. All Respondents’ Motion Records by April 1, 2022
7. All Affidavits in reply to Intervenors’ Applications by April 8, 2022
8. Motion #2 for interim injunction on Monday, April 11, 2022 at 9:30 am
9. Cross-examination on all Affidavits in the Intervenors’ Applications (for and against) by April 22, 2022
10. Motion Records for Intervenors’ Applications by April 29, 2022
11. Reply Record for Intervenors’ Applications by May 4, 2022
12. Decision on the Intervenors’ Application – After May 4 (To Be Determined)
13. Intervenors’ Memorandum of Fact and Law 3 weeks after decision (for those allowed to participate)
14. Applicants and Respondents (all) may file Written Replies to the Intervenors’ Memoranda of Fact and Law 2 weeks after receipt
15. TBD: Requisition hearing dates - after above
16. TBD: 5 day hearing – Likely late summer or fall 2022

Is there a possibility of something changing tomorrow? Anything to keep an eye out for?

[infideleggwelder]

I have not noticed anyone using the s74 challenge with regards to the registrar not complying with the firearms act and issuing a valid registration certificate. Per the act all restricted and prohibited firearms must be issued a registration certificate.

The issue I am having with my s74 challenge is a request for dismissal on the grounds of no jurisdiction of the provincial court to act as the decision was made by OIC and not the registrar.


However due to the status of the firearms being prohibited require per the act to have a valid registration certificate which has not been issued by the registrar resulting in a valid s74 challenge due to not issuing a valid registration certificate required by the firearms act.

I think taking another angle on the issue is another perspective from the tunnel vision of focus on the challenge.


It would be great to have other members opinions

Thanks

My case was partially lost because i included that if i recall correctly. Just gave the judge another reason not to stir the pot. If i could go back, i`d certainly do things differently. The main argument is that everything was automatic by process of law- and thats the one your need to beat to win i think.

[MOPP4]

I do believe that the firearms act states that if you’re authorized to to possess the firearm that you are the owner of and hold a valid registration certificate at the time of prohibition then you can be grandfathered under s12 of the firearms act. Another point is that under what section of the firearms act are these firearms categorized ie prohibited by barrel length, converted auto ... so the registrar would need to create a new classification of firearm to define the new category that would make the registrar part of the decision making process and or allow the newly prohibited to be grandfathered by the owner and would have to issue a new and valid registration certificate.

What do you think?

Thanks

You are one of more than 200 canadians who have initiated a s74 proceedings to challenge the actions of the registrar to give effect to the OiC.

The reason why you dont hear much about it is because the gun orgs do not support this effort.

Are you challenging the cancellation of your previous certificates or are you suggesting that the registrar has failed to issue you a prohibited registration certificate?

Because those are two very different things.

Did you ask the registrar to give you a prohibited registration certificate?

Legally speaking the registrar can not give you a certificate for a prohibited firearm unless you have a license to possess THAT prohibited firearm.

Whether or not the registrar should have cancelled your old certificate is an entirely different matter.

We should talk. Shoot me a PM.

[MikeTheRock]

Don't want to hijack this thread, but issuance of a Prohib Reg Cert is a non starter. Nobody has a licence for these new Prohibs yet, and without that specific licence you aren't eligible to be issued a Prohib Cert. Grandfathering is not an argument that can be made yet either. They have to pass another Regulation to put the grandfathering into effect. The firearms were deemed Prohibited via s.117.15 of the Criminal Code and the Firearms Act picks up and runs with that classification.

[skid dog]

Fudds don’t seem to care much about the restricted firearm community. Sad.

Eh, I'm kinda torn about this to be honest.

On one hand, the orgs need money to fight in this court.

But on the other hand, why should it be the responsibility of the minority to maintain the rights of the majority? I think there's an estimated 100-150k that own banned guns, if they each donated $50 (ex. a couple boxes of ammo), we'd have a massive warchest.

Additionally, this is an agenda that will keep getting pushed and (IMHO) the current challenges are unlikely to succeed on the grounds that actually matter to make the government think twice: Charter rights. If successful, my money would be on a similar ban being pushed through HoC legislation and that will be very hard to fight if these current challenges confirm that Charter rights are not an issue.

Now, look at what got banned: guns that they know (well, previously knew, thanks RCMP!) where they all are and who owns them, and guns available in this country in relatively small numbers. Increasing the number of guns, especially NRs, makes further bans look a lot uglier from a budget and logistical perspective, especially since the NDP, Bloc, and Poly/CGC are all complaining about how useless grandfathering is.