right to bear arms
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Misfiring
Almost exactly two years ago, I blogged about a challenge by an Ontario couple whose immense firearms collection was confiscated after they failed to convince the courts that the Criminal Code‘s firearms provisions were unconstitutional. This time, they argue that the Code‘s provision requiring the forfeiture of the guns and ammunition involved in the firearms Continue reading
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Living Next to You
Despite living so close, and despite our constitution (not only the main documents, but also the Supreme Court’s constitutional jurisprudence) being substantially influenced (including a negative influence ― attempts not to repeat perceived mistakes) by the American experience, Canadians tend not to know, or not to understand, American constitutional law and theory as well as Continue reading
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Drop That Gun! (But Keep the Bullets)
The Superior Court of Ontario has recently delivered its decision in The Queen v. Montague, 2012 ONSC 2300, an interesting case at the intersection of the topics property rights, and gun rights, about which I wrote here and here. In fact, in the latter post, I had mentioned a previous decision in this case, by the Continue reading
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A Right to Bear Arms? Canadian Cases
Here’s something I should have done yesterday, before launching into my analysis of the Charter‘s protection of liberty and of the right to bear arms: read some actual cases! Well, better late than never. In R. v. Hasselwander, [1993] 2 S.C.R. 398, Justice Cory, writing for a 3-2 majority, opined, at p. 414, that “Canadians, unlike Americans Continue reading
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A Charter Right to Bear Arms?
My friend Michael Cust makes an interesting suggestion in a blog post asking whether there is a right to bear arms in Canada: while there is no self-standing right to bear arms, “a case could be made that it’s part of our right to liberty” protected by section 7 of the Charter, because history suggests Continue reading
Double Aspect 