We believe this order in Council (OIC) is unconstitutional, and is an affront to every Canadians' Charter Rights and Freedoms and to the legal idea of “innocent until proven guilty” in our common law and history. This is especially insulting and frustrating for the 2.2 million + law abiding Canadians who own firearms in this country who have been (and will be) unfairly penalized, criminalized and discriminated against due to this unlawful OIC and, the future restrictions on our private property they plan to enact soon.
We believe we have a solid civil case and we are correct to question the constitutional validity of this aggressive attempted theft by our own government of (now banned, effective immediately) the M16, M4, AR-10, AR-15, Ruger mini 14, Swiss Arms classic Green model, M14's, Vz58 rifles, CZ Scorpion EVO 3 pistol rifle, Berretta CX4 storm rifle, Rifle and Pistol SIG SAUER MCX and SIG MPX, Robinson XCR and a thousand + other types of firearms TRADITIONALLY used for hunting, sport shooting and collecting throughout our proud history until now. The GiC, GG and Privy Council have decided for ALL of us that we are unreasonable for using these types of firearms for hunting and sport shooting even though there is a long history of this use by law abiding citizens and a clearly defined intended recreational purpose . We have been notified we'll have 2 years to surrender our property in exchange for a fraction of their cost/value OR else have them forcibly taken—possibly at gun point—how ironic is that?
Looks like they forgot the supremacy clause
52.(1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
To hear the details of our case before donating---- read on--
Believe it or not we Canadians have certain rights in this country---Section 26 of the Canadian Charter of Rights and Freedoms (The Charter) states: The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada. Section 1 of The Charter states : The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Can the authorities who are trying to take Canadians private property away (by force) demonstrably justify (using a reasonable person test) that this is necessary for public safety? Where is the scientific evidence to support that this is necessary for national security or will prevent guns from falling into the hands of murderers? When is the last time a lawfully obtained AR 15 was used in one of these terrible crimes and if one ever was used does that justify the removal of our long cherished rights, does the removal of my rights have any bearing on which method a criminal uses to commit a crime ? When is the last time a sane PAL or RPAL holder went on a killing spree here? I have overwhelming evidence and case precedents that prove gun bans do nothing to stop crime. I would like to present, in court, studies and stats that show gun bans and restricting the ability of law abiding citizens to obtain guns tend to increase gun homicides in an area and does not work to deter criminals at all.
The Canadian Bill of Rights states: PART I
1 It is hereby recognized and declared that in Canada there have existed and shall continue to exist (without discrimination by reason of race, national origin, colour, religion or sex), the following human rights and fundamental freedoms, namely,
· (a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
(b) the right of the individual to equality before the law and the protection of the law.
Part 2 states
· 5 (1) Nothing in Part I shall be construed to abrogate or abridge any human right or fundamental freedom not enumerated therein that may have existed in Canada at the commencement of this Act.
We allege that this (unconstitutional) order in council violates section 7, 15, and 52 of the Canadian Charter of Rights and Freedoms as well as section 1 a) & b) section 2 a) and section 5 1) of the Canadian Bill of Rights.
We are invoking section 24 of The Charter. 24(1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. We intend to use our ability to plead with the courts to enforce our guaranteed rights and freedoms, as set out in the Charter.
We further allege that the recent limitations set upon our freedoms to own any or use of these firearms (limits set out in section 1 of the charter) are not reasonable or demonstrably justifiable in a free and democratic society, since the evidence that gun control bolsters public safety, or stops mass shootings is severely lacking or totally absent. My heart weeps for my country but I have faith that we shall overcome this challenge. I am collecting donations solely for the purpose of paying for some legal fees, I will be representing myself and other interested parties (but will require a few hours of qualified legal advice and info) in order to obtain a remedy which benefits all Canadians. I believe if we stand together and exercise our rights, we can put a stop this tyranny.
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- SHAUN SCOTT
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