Reference re Firearms Act
Encyclopedia
Reference re Firearms Act, [2000] 1 S.C.R. 783, 2000 SCC 31, is a leading constitutional decision of the Supreme Court of Canada
on the division of powers
regarding firearms legislation
and the Canadian Firearms Registry. A unanimous Court held that the federal Firearms Act was constitutionally valid under the federal criminal law power.
in 1995 to include the controversial Firearms Act, which required gun owners to have them registered and to obtain licences for them.
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 jurisdiction of the federal government. The government of 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.
of the Act was in relation to "public safety" which was a matter within the criminal law power of the federal government. The Court cited the Margarine Reference
for the requirements of criminal law and noted the danger of firearms, even if in some cases they could be used beneficially. Indeed, the regulations were judged to promote responsible firearm ownership, and the Court went on to argue that there would be a moral danger if firearms are used irresponsibly (morality is an element in criminal law, as established in the Margarine Reference), although the Court said that it was not just a matter of morality that gave Parliament the authority to pass this legislation.
The Court also noted that firearms have been subject to federal regulation for years and that the government of Alberta could not reasonably challenge many of the earlier laws.
Finally, the Court rejected all arguments that the law was too expensive or disadvantageous to rural regions, as these were matters for Parliament to consider rather than legal issues liable to judicial review.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the division of powers
Canadian federalism
Canada is a federation with two distinct jurisdictions of political authority: the country-wide federal government and the ten regionally-based provincial governments. It also has three territorial governments in the far north, though these are subject to the federal government...
regarding firearms legislation
Gun control
Gun control is any law, policy, practice, or proposal designed to restrict or limit the possession, production, importation, shipment, sale, and/or use of guns or other firearms by private citizens...
and the Canadian Firearms Registry. A unanimous Court held that the federal Firearms Act was constitutionally valid under the federal criminal law power.
Background
The government of Canada amended the Criminal Code of CanadaCriminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
in 1995 to include the controversial Firearms Act, which required gun owners to have them registered and to obtain licences for them.
The government of Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
submitted a reference question
Reference question
In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....
to the Alberta Court of Appeal to determine whether the Act was in relation to
Pith and substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls...
matters under the jurisdiction of the federal government. The government of 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
The unanimous Court held that the pith and substancePith and substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls...
of the Act was in relation to "public safety" which was a matter within the criminal law power of the federal government. The Court cited the Margarine Reference
Margarine Reference
Reference re Validity of Section 5 of the Dairy Industry Act , also known as the Margarine Reference or as Can. Federation of Agriculture v. A.-G. Que., is a leading opinion of the Supreme Court of Canada on determining if a law is within the authority of the federal government under the...
for the requirements of criminal law and noted the danger of firearms, even if in some cases they could be used beneficially. Indeed, the regulations were judged to promote responsible firearm ownership, and the Court went on to argue that there would be a moral danger if firearms are used irresponsibly (morality is an element in criminal law, as established in the Margarine Reference), although the Court said that it was not just a matter of morality that gave Parliament the authority to pass this legislation.
The Court also noted that firearms have been subject to federal regulation for years and that the government of Alberta could not reasonably challenge many of the earlier laws.
Finally, the Court rejected all arguments that the law was too expensive or disadvantageous to rural regions, as these were matters for Parliament to consider rather than legal issues liable to judicial review.
See also
- Gun politics in CanadaGun politics in CanadaGun politics in Canada is largely polarized between two groups with opposing views. One group includes those who object to the registration of personal firearms...
- List of Supreme Court of Canada cases (McLachlin Court)