Alberta Queens' Bench spanks the fed re: S74 jurisdiction

[Carton775]

Not sure if I got it right, but does this mean I can now use my stag 10, which I built it 2 months before may 2020?

[silver69]

This is precisely why I did not file a S74 and have financially supported other filers and Orgs instead, hoping their success would set precedent that would extend to everyone. I have no courtroom skills to do it justice and feared doing the collective S74 backlash an injustice with a sloppy representation. I'm not hiring a lawyer but would consider filing, claiming this recent clarification as grounds, if there is someone capable and willing to do the courtroom presentation in a quality fashion that is beyond me (71 year old "old dog"). I think many of the non-filers are of the same mindset.

It sounds like a potential plan that the Orgs could (maybe even should have) initiate, amassing a group of potential 'paralegals' who would be willing to perform such activities for those who consider themselves incompetent to do so. This could achieve the S74 tidal wave some desired at the start. Financial donations to the Orgs in return would be happily sent.

I could not have said it better myself ... Where do I sign up?

[45ACPKING]

This is not true. Nobody should read this and think a NR caught in the OIC is not prohibited. That was not an argument in the case and cannot be accomplished by a S.74 reference.

i wasn't really speaking specifically to NR now prohib...... I was simply under the impression that laws were passed under harper that prevented the reclassification at whim by the cfc, once a year had passed since it's classification was declared. I also am not trying to tell people to go file a S74 action for NR now prohib firearms. I completely understand that the AR-15 issue and the reggie cert issues.

[recce]

Not sure if I got it right, but does this mean I can now use my stag 10, which I built it 2 months before may 2020?

This doesn't overturn the OIC. If the police find you shooting it they will charge you.

[Carton775]

Thank you

[MikeTheRock]

i wasn't really speaking specifically to NR now prohib...... I was simply under the impression that laws were passed under harper that prevented the reclassification at whim by the cfc, once a year had passed since it's classification was declared. I also am not trying to tell people to go file a S74 action for NR now prohib firearms. I completely understand that the AR-15 issue and the reggie cert issues.

Fair enough, just wanted to clarify for others out there.

I believe the legislation you are referring was designed to stop the Registrar from reclassifying. But that doesn't prevent the Governor in Council or the OIC from reclassifying.

[call2arms]

I very much wanted to file a S74, but I could not afford to hire a lawyer to represent me. Nor do I possess the legal knowledge to navigate the legal system and to make arguments on my case. I really appreciate everyone that has and will continue through the legal process. I certainly don’t want to lose any of my firearms, but the legal system is not friendly to outsiders.

The good thing is it takes a very long time. Like over a year in my case. Gets you a seat at the table and there is a good chance you will get consolidated into a group down the road

[Gr33zi3]

Anyone in AB with an s74 able to pm about potential costs or costs youve incurred?

Wondering how many OT I should expect to do so i can get a lawyer and file one my self. My C8 cries everytime I open the safe.

Thanks friends.

[veebooster]

Lots of knowledgeable people here and some great rational discussion. I for one agree with the many who feel intimidated and reluctant to go to court only be humiliated and/or set bad precedent. So what does a successful sec. 74 hearing accomplish other than forcing the government to follow the proper notification process? If it doesn't seriously affect or overturn the OIC what exactly is the point? Just a delaying tactic?

[The_Red_Rabbit]

i wasn't really speaking specifically to NR now prohib...... I was simply under the impression that laws were passed under harper that prevented the reclassification at whim by the cfc, once a year had passed since it's classification was declared. I also am not trying to tell people to go file a S74 action for NR now prohib firearms. I completely understand that the AR-15 issue and the reggie cert issues.

This line of reasoning is not supported in law. The "one year FRT entry" is not related to any OiC regulations. In fact, the government could tomorrow reclassify a specific Firearm A, then next day, reclassify the same Firearm A to another category.

This appeal at the Alberta Queens Bench concerns the validity of the registration certificates and jurisdiction of a provincial court, a statutory court.

This decision does not concern the reclassification by the OiC. Rather, what the Registrar can or cannot do after the OiC came into effect. The Registrar can revoke a reg cert for any good and sufficient reason, and he or she will probably do so.

This decision DOES NOT, DOES NOT, mean that any firearms named in the OiC becomes unbanned. Right now, the new decision just says the registration certificates for those reclassifed firearms remain, probably, legally valid.