Dec. 8, 2011 - The Criminal Code

The Criminal Code
This is where the Firearms Act supposedly gets it's clout…maybe.

Criminal Code (R.S.C., 1985, c. C-46)
Unauthorized possession of firearm
91. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm without being the holder of
           (a) a licence under which the person may possess it; and
b) a registration certificate for the firearm.

There was a day when it was not an offence to own a firearm. The next day a mere statute took away the right, but only from a "person," i.e. a corporation. 

Remember, per Hague v. Cancer Relief & Research Institute, [1939]:

"A legal person is anything to which the law gives a legal or fictional existence or personality with capacity for rights and duties. The only legal person known to our form of law is the corporation, the body corporate."

The Interpretation Act and Legislation Act defines a "person" as follows:

        "person" ...includes a corporation

Aside from this, the Constitution Act of 1867 awards the responsibility for licences to the provinces in section 92(9):

9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.

The federal government can not issue licences.

So it's a federal government's Criminal Code that says a "person" needs a licence to have a firearm and only the provinces can issue a licence but since it is a federal criminal matter and not a civil one, the provinces can't lawfully enforce it.

As an attempt to get around this (or to confuse us), the licence is issued by the Chief Firearm Officer of the province under the authority of the federal Firearm Act. This arrangement is not lawful per the Constitution Act of 1867 and a Supreme Court of Canada ruling:

"No power of delegation is expressed either in section 91 or in section 92, nor, indeed, is there to be found the power of accepting delegation from one body to the other; and I have no doubt that if it had been the intention to give such powers it would have been expressed in clear and unequivocal language."

Remember this from the Canadian Bill of Rights, 1960:

2. Every law of Canada shall... be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared...

The Criminal Code can not say what we are told it says. Besides, no one is injured by possession only and mere possession can not lawfully be a crime without proven criminal intent.

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