Federal Court upholds OIC Gun Ban

October 30, 2023

Federal Court upholds OIC Gun Ban

In a decision announced today by Justice Kane of the Federal Court, she ruled the OIC is upheld.

Read the decision here

[695] To reiterate, for the detailed reasons set out above, the Court finds as follows:

The Order in Council and Regulations are not ultra vires. The Governor in Council did not exceed the statutory grant of authority delegated to it by Parliament pursuant to subsection 117.15(2) of the Criminal Code. The Governor in Council formed the opinion that the prescribed firearms are not reasonable for use in hunting and sport and the opinion and decision to prescribe the firearms as prohibited are reasonable.

The Governor in Council did not sub-delegate its statutory grant of authority to prescribe firearms as prohibited. The prescribed firearms and their variants are prohibited based on the Criminal Code and the Regulations. The role of Specialized Firearms Support Service of the Royal Canadian Mounted Police in assessing and classifying firearms as non-restricted, restricted or prohibited reflects the opinion of the Specialized Firearms Support Service. The Firearms Reference Table sets out the results of the SFSS’s assessment; it is an administrative resource or guide for firearm owners and others.

In the coming days we will analyze the decision, and determine whether or not an appeal is likely to succeed. Standby for a more detailed announcement as we analyse Justice Kane's decision.

We promised we would fight this unjust and irresponsible action by this Liberal\NDP government, and we will continue to do just that until every avenue and opportunity is exhausted.

We would like to thank all of the members and supporters of the CCFR for all their support and trust throughout this campaign. Monitor ccfr.ca and the CCFR's social media accounts for further announcements.

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