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Reference re Firearms Act Notes.docx

Reference re Firearms Act Notes.docx - Reference re...

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Reference re Firearms Act (Can.), (2000) federal firearms legislation and the Canadian gun registry Case Summary: Deals with the division of powers, whether licensing and registration provisions of Firearms Act intra vires parliament Parliament enacts Firearms Act to the Criminal Code Alberta sends question to Court of Appeal asking if Act is intra vires Parliament Court of Appeal concludes Act is valid exercise of Parliaments criminal law power Alberta appealed to court Appeal should be dismissed b/c Firearms Act= constitutional Parliaments intention not to regulate but to make sure that only those that are qualified can have access to a gun ‘pith and substance’ used: enhancing public safety Purpose of Act: to stop misuse of guns, control access to guns, and control certain types of weapons Provinces haven’t established that the effects of Act on provincial jurisdiction over property and civil rights are more than incidental (p. 786) Just b/c guns=property isn’t enough to show that gun control law is in pith and substance a provincial matter Act doesn’t significantly hinder ability of provinces to regulate property and civil rights aspects of guns
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