Truthfully there is serious merit to the case, because the argument isn’t really about guns it’s about the governments ability to declare criminal law via OIC and the seizure of property.
Theoretically if the government wins, it sets a highly dangerous precedent in that any government, minority or majority can rule via OIC and criminalize and seize property. So in effect a government could say “your gas cars are now a threat to the environment, via oic they are banned and only 5% of you will get compensation”
They could OIC new speech laws and hate speech and then straight criminalize their opponents. So this isn’t a shoe in for the government.
On the flip side, the LPC might want to drop the battle, because the Supreme Court could neuter the power of OIC’s and I don’t think they want that either
The fact they ruled against the LPC very recently is also a good thing. It sort of helps counter the defeatist arguments we see here about the judges walking in step with the government.
Correction: the federal courts ruled that the use of the emergencies act was not appropriate and considered an overreach. They also dismissed the governments appeal.
The Supreme Court has yet to decide if they’d grant leave. So it doesn’t really add much weight to this case, but it’s still promising that the government is being held accountable
"Correction: the federal courts ruled that the use of the emergencies act was not appropriate and considered an overreach." Um what exactly does that amount to? Like is the government going to have politicians arrested or what? Like what exactly happens when they find shit like this to be an overreach?
If the SCC hears the appeal and renders a decision: basically the most likely outcome is reform, it would not amount to any kind of criminal charge. Really it’s more that a ruling could set future legal and legislative precedent.
It’s similar to the potential outcomes of the CCFR case. The courts rule government overreach: they’re forced to amend the emergencies act to clearly define the parameters to which you can invoke the act in the future, or potentially there will be some mechanism or higher scrutiny that forces the government to better justify invoking the act. Maybe they’d also need to pay reparations or remedy damages.
Grain of salt really, but with the CCFR they won’t just unban all guns, but there’s a very real (though likelihood is up in the air) chance they could nullify the OICs with an amnesty period (ironic right?) and require an amendment to Bill C21. That effectively unbans all 2500 models of firearm hit by the OICs, but leaves them in stasis with the amnesty until the government decides what to do. Hopefully - IF ALL OF THIS EVEN HAPPENS - they’d just throw their arms up and say “we tried, we won’t ban anything else and will instead need to review the current legislation and classification process and we will decide if we can reform the system in the name of public safety”. If THAT happens, it could mean years before they ever table anything and it becomes a distant dream until election time. Though this is all speculation, but IMO it is definitely probable and could mean their gun control platform withers and dies like the long gun registry.
Thanks for the response. You'd think that this shit would already be clearly defined and have high scrutiny but just like everything that's important in Canada it' seems they refuse to clarify what the fuck a thing is until after the fact. Cough Reasonable limits" Cough oakes test cough.
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u/Cock_ball_dickin 12d ago
I’m not gonna lie I’m incredibly nervous. How do you all think it will go?