<!--StartFragment --> The Most Dangerous Item in C-68
<!--StartFragment -->David A. Tomlinson
C-68's version of the Criminal Code, section 117.15:
"117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed."
Translation: The Minister of Justice, acting alone, with minimal oversight by his fellow Cabinet members and without reference to Parliament, can make Orders in Council with force of criminal law -- Orders in Council that "prescribe" many, many things, and that become valid criminal law as they come into force. An Order in Council made under this authority does not have to be "placed before each House of Parliament" for examination before it comes into force. Huge lawmaking power is taken away from Parliament by this section, and given to a single Minister.
"117.15(2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, or prohibited ammunition if, IN THE OPINION OF THE GOVERNOR IN COUNCIL, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes. [Emphasis added -- DAT]"
Translation: The key to understanding this paragraph lies in the words, "IN THE OPINION OF THE GOVERNOR IN COUNCIL." The House and Senate Committees both recommended deleting those words before C-68 was passed, but our Liberal government refused to delete them.
If they had been deleted, as recommended, then any attempt to outlaw, say, all .22 biathlon rifles, muzzle-loading shotguns and/or .30-30 Winchester hunting cartridges could be taken before a court, and the court could rule that such things are "reasonable for use in Canada for hunting or sporting purposes." The Order in Council would then be voided by the court. There would have been access to justice, fairness and a thoughtful second look at bad law.
Because they were NOT taken out, and are still there, no court can even look at any such Order in Council -- because A COURT CANNOT SUBSTITUTE ITS OWN OPINION FOR THE OPINION SPECIFIED IN THE LEGISLATION. Those words, in that place, mean that NO ONE's opinion is of any interest or has any power -- unless that person is the Minister of Justice (thinly disguised as the "Governor in Council"). He is given the power of a dictator, not subject to any review or to any second opinion, body or method that can be used to override his "opinion."
By including those words, the Liberal Party government gave every Minister of Justice -- NOT just today's, but every Minister of Justice who will ever hold that position -- the power to outlaw every firearm, cartridge, propellant, primer, reloading device, firearms accessory, spare part, etc., etc., in Canada. It BLOCKED any appeal to the courts against ANYTHING that the Minister may do in the future regarding Orders in Council outlawing anything.
That is too much power to place in the hands of any one person. It is far too much power to place in the hands of EVERY person who will ever hold the office of Minister of Justice.