July 7, 1995 


MESSAGE TO THE SENATORS OF CANADA

Whereas the Liberal firearms control Bill, C-68, has now received third
and final reading, and passed, in the House of Commons; and

whereas the passage of Bill C-68 would enable the confiscation without
compensation of every firearm and cartridge in Canada through the
interaction of C-68's Firearms Act sections 111 [now renumbered as FA
s. 118] and 112(6) [now FA s. 119(6)] with C-68's Criminal Code s.
117.15(1) and (2); and

whereas Bill C-84's definition of "regulatory authority" makes it clear
that the "Governor in Council" referred to in C-68's CC 117.15(1) and (2)
is actually this or any future Minister of Justice who recommends such
Orders in Council; and

whereas any future Order in Council that converts firearms, cartridges
or any other "thing" to prohibited status will not be scrutinized by
Parliament as a result of FA s. 112(6) [now 119(6)]; and

whereas any future Order in Council that converts firearms, cartridges
or any other "thing" to prohibited status cannot be scrutinized by any
law court as a result of the wording "in the opinion of the Governor in
Council" in C-68's CC s. 117.15; and

whereas that combination of C-68's provisions places entirely too much
power in the hands of this or any future Minister of Justice, with far
too little scrutiny of his actions; and

whereas the power to enact regulatory law to regulate the private
ownership, transfer and use of firearms by law-abiding citizens is
vested in the provincial Legislatures by our Constitution, and not in
the federal Parliament; and

whereas the Firearms Act portion of Bill C-68 is, in pith and
substance, regulatory law to regulate the private ownership, transfer
and use of firearms by law-abiding citizens and therefore apparently
ultra vires of the federal Parliament; and

whereas Bill C-68 purports to authorize the issuance of licenses and
other licensing documents that give permissions to individuals to
engage in behavior that is clearly defined as criminal within the
Criminal Code; and

whereas Bill C-68 purports to authorize the charging of licensing fees
and other fees for such permissions, in an area where the federal
Parliament has no authority to regulate and therefore no authority to
give permissions or charge such fees; and

whereas, if the Firearms Act is eventually found to be criminal law and
not regulatory law, the federal Parliament is not vested with either
the authority to authorize the commissions of crimes defined in the
Criminal Code or to charge fees for licensing documents which give
permission to commit such crimes; and

whereas the precedent of the federal Parliament enacting legislation
that defines a crime, then selling permission to individuals to engage
in the defined criminal behavior upon payment of a fee to the Crown is
odious and contrary to Canadian law, the Canadian Constitution, and
Canadian traditions; and

whereas the portions of Bill C-68 comprising the Firearms Act in toto
are clearly, in pith and substance, regulatory law and therefore ultra
vires of the federal Parliament; and

whereas the Criminal Code portions of Bill C-68 are heavily dependent
on the contents of the Firearms Act portions; and

whereas if enacted, Bill C-68 will have severe financial effects
through confiscation of private property without compensation, and the
imposition of licensing and other fees, all of which will be the
subject of court orders to return property, return fees, and pay
compensation plus damages if and when the Firearms Act is ruled ultra
vires of the federal Parliament; and

whereas the burden of such financial complications and expenses will
apparently fall upon the provinces who enforced the provisions enacted
through Bill C-68 and not upon the federal Parliament responsible for
the errors and omissions; then

the _________________________________________________________________
hereby requests that the Senate refuse passage to Bill C-68 until its
constitutional status and legal status are clearly established by the
Supreme Court of Canada; and

in the event that the Senate enacts Bill C-68; that

the federal Parliament at once repeal Bill C-68; and

in the event that the federal Parliament refuses to do so, that the
Supreme Court of Canada immediately review Bill C-68 to determine
whether or not Bill C-68's Firearms Act in toto, each of its various
provisions, and each of Bill C-68's Criminal Code amendments is ultra
vires of the federal Parliament, contrary to the Constitution of
Canada, and/or in violation of the Canadian Charter of Rights and
Freedoms.