From Wikipedia, the free encyclopedia Reference re Firearms Act
Reference re Firearms Act
Reference re Firearms Act (Can.) Alberta argued that the law was in relation to personal
property and thus was a matter in the jurisdiction of the
province. The federal government, however, argued that
the law was in the realm of criminal law, which is under
federal jurisdiction.
Opinion of the Court
Supreme Court of Canada The unanimous Court held that the pith and substance
Hearing: February 21, 22, 2000 of the Act was in relation to "public safety" which was a
Judgment: June 15, 2000 matter within the criminal law power of the federal gov-
ernment. The Court cited the Margarine Reference for the
Full case name: Reference re Firearms Act (Can.) requirements of criminal law and noted the danger of
Citations: [2000] 1 S.C.R. 783, 2000 SCC 31 firearms, even if in some cases they could be used bene-
ficially. Indeed, the regulations were judged to promote
History: none (Reference question)
responsible firearm ownership, and the Court went on
Holding to argue that there would be a moral danger if firearms
are used irresponsibly (morality is an element in criminal
The regulation of firearms is a matter of public safety
law, as established in the Margarine Reference), although
and so is in the authority of the federal government
the Court said that it was not just a matter of morality
under the criminal law power.
that gave Parliament the authority to pass this legisla-
Court membership tion.
Chief Justice: Beverley McLachlin The Court also noted that firearms have been subject
Puisne Justices: Claire L’Heureux-Dubé, Charles Gon- to federal regulation for years and that the government
thier, Frank Iacobucci, John C. Major, Michel Bas- of Alberta could not reasonably challenge many of the
tarache, Ian Binnie, Louise Arbour, Louis LeBel earlier laws.
Finally, the Court rejected all arguments that the law
Reasons given
was too expensive or disadvantageous to rural regions,
Unanimous reason by: The Court as these were matters for Parliament to consider rather
Laws applied than legal issues liable to judicial review.
RJR-MacDonald Inc. v. Canada (Attorney General),
[1995] 3 S.C.R. 199; R. v. Hydro-Québec, [1997] 3 S.C.R. See also
213; s. 91(27) Constitution Act, 1867.
• Gun politics in Canada
Reference re Firearms Act [2000] 1 S.C.R. 783, 2000 SCC 31,
Act,
• List of Supreme Court of Canada cases (McLachlin
is a leading constitutional decision of the Supreme Court
Court)
of Canada on the division of powers regarding firearms
legislation and the Canadian Firearms Registry. A unani-
mous Court held that the federal Firearms Act was consti- References
tutionally valid under the federal criminal law power.
External links
Background • Full text of Supreme Court of Canada decision
The government of Canada amended the Criminal Code available at LexUM and CanLII
of Canada in 1995 to include the controversial Firearms • intervener factum from Saskatchewan
Act, which required gun owners to have them registered • text of the Firearms Act
and to obtain licences for them. • Charter argument against the Firearms Act
The government of Alberta submitted a reference
question to the Alberta Court of Appeal to determine
whether the Act was in relation to matters under the ju-
risdiction of the federal government. The government of
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From Wikipedia, the free encyclopedia Reference re Firearms Act
Retrieved from "http://en.wikipedia.org/w/index.php?title=Reference_re_Firearms_Act&oldid=385121381"
Categories:
• Canadian federalism case law
• Gun politics in Canada
• Supreme Court of Canada cases
• 2000 in case law
• 2000 in Canada
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