Thread by @TWilsonOttawa

CCFR vs Canada 🇨🇦 - Federal Court Challenge to the 2020 OIC gun ban (and additional bans since).

Day 4 - Thread 🧵

Should be a shorter day today - I think it’s just Burlew submissions for the Hipwell case

Follow along here 👇🏻👇🏻👇🏻

Burlew approaches the podium. Wishes everyone a good morning. Says he is a lawyer in firearms law since 1998. Says he has represented over 900 Canadians. Speaks about John Hipwell, OG from Wolverine. Gives Hipwell’s background.

Burlew continues. Speaks to a number of firearms owned by Hipwell. Guns he’s owned for decades that he brought with him from England. Competition guns. Burlew says many of the applicants will have similar stories. They’re suitable for target use.

Burlew speaks to an antique gun. Describes it, 1885, large bore double barrel. Used for African hunting. Expensive - +$40k it’s now banned (+20mm bore).

He loads his own custom ammo. This gun is famous, has been in books. Judge asks why he needs this for Canadian hunting?

Burlew says he can use it for bear. Elk and Moose too with lighter loads. It was not designed for the battlefield. Burlew says he hasn’t been able to listen to the whole hearing, but wants to address the courts safety concerns.

He speaks about continuous eligibility screening. Reads the law. Speaks about prohibition orders in the CC. Is laying out the provisions within the law for safety concerns about gun owners.

Judge asks if it’s similar to a peace bond? Yes.

Says when the court is concerned about a person, they can order a weapons prohibition. Quotes the criteria in Sec5 of the FA. It’s a wide ranging provision. Even a single incident can trigger it, a history of violence isn’t… twitter.com/i/web/status/1…

Speaks about C71 provisions, which removed the 5 year limit on checks of a persons background, and made it lifetime, to birth. A fight in high school could be considered by the CFO.

If something is missed at application time, the CFO can always review.

A PAL can be revoked at any time by the CFO, for any reason. People can ask for a review within 30 days. The burden is on the PAL holder that they are safe and the CFO is wrong. Challengers can keep their guns at home during review but can’t use them.

Burlew continues, speaks to C21 - says it has a lot more strength on this issue. C21 makes owners get rid of their guns. Says it’s a powerful tool for judges and we should look forward to it 🤔

Burlew says he has a lot of clients all the time who’ve been subjected to seizures. Speaks to some of the reasons why cops can come take your guns. Says it’s to restore confidence for victims safety. Says police don’t need a warrant, just a phone call.

Burlew says he has a client with 550 guns seized. Says some people are apprehended under the mental health act. In the meantime, their guns are taken. Once a judge hears their history and is satisfied they can return them. The CFO can still say no.

Explains the difference between a hearing for seizure and a revocation of a license. Speaks about prohibition orders, probation. He seems to be focusing on safety framework already in place. Says every PAL holder is checked through CPIC.

Judge asks who does it? The police.
She asks which police? Burlew says it’s a secret. Judge says it’s too generic to say the police … he clarifies the CFP.

He says it’s required for CFP to send red flag info to the appropriate CFO.

Says forgetting a trigger lock is enough to bring criminal charges. Gives example. Provides examples how a person could innocently violate storage laws.

Burlew says we have a great safety system and owners focus on it.

Goes now to explaining how to get a license, gun. Speaks to the CFSC, gives long, detailed explanation of how you get started, the license application process, invasive questions on app, secondary review, possibility of interview with cops.

Burlew continues, speaks to license verification (C71 measure). Owners must contact the CFO to ensure buyer/seller has valid license. Stores must also go through this process, obtain a reference number. Stores must also keep records of the gun, serial, make, model. Must keep 20… twitter.com/i/web/status/1…

Says this is for tracing, for police. Details the tracing process. Speaks to charges possible. Goes now to restricted firearms. Can’t buy handguns anymore due to the “freeze”, but there are R rifles. R’s can only be used at the range. Can’t hunt with it.

Burlew continues, another long explanation about R acquisition, steps, requirements, registration, process, license checks. Cops can see everything and stop the process. The CFO issues a transfer. Buyer must obtain prior to transporting home.

Owner must then wait for registration certificate. Owners must carry reg cert to take R’s to the range. Gun smiths must also keep inventory records of guns they’re working on. Every gun business must maintain accurate records of every gun under their roof.

Burlew continues, speaks to CFO inspections at businesses. Speaks to collector status, home inspections, gun club membership requirements (not actually required in ON).

Speaks to range rules, log books, insurance, standards, inspections.

Burlew squares off the point, a culture of safety and oversight.

Moves on to transport regs. Describes various requirements for R, NR. Speaks to “most reasonably direct route”. Can’t stop along the way to the range.

Says owning a gun in 🇨🇦 is a privilege so we must maintain… twitter.com/i/web/status/1…

Burlew continues, speaks to clubs, long wait lists, new member requirements. Says he’s got multiple affidavits detailing safety protocols at ranges and various shooting disciplines. Talks about RSO’s, getting DQ’d.

We are safe people - but on May 2020 we woke up criminals -… twitter.com/i/web/status/1…

Court is in recess for 15 minutes

#FunFact before we resume … the FRT is the largest “book” in the world, bigger than the Guinness Book of World Records, bigger than anything in history 🇨🇦🤷🏼‍♀️

And court has resumed. Burlew once again takes the podium.

Speaks to supplemental affidavit from Hipwell. They’re emails john received from other Canadians affected by the ban. It’s important to the court. Burlew asks to put them up on the screen.

Judge obliges. Clerk helps her sort it out #techissues

Got it.

Burlew says there are 100’s of these. This one is from a cop. Likens the C8 to the AR-15. Cop uses it for training. Cop is upset with the government.

Another email now, from another cop. Uses his civilian AR-15 to train as well. Speaks to the hard fought for history of Canada. Unlike service Rifle with 30rds, he can only use 5. Been the law for 30 years, since Polytechnic shooting. Mags physically limited to 5 by lab approved… twitter.com/i/web/status/1…

Burlew says when we hear from the AGC, and they say HCM, remember this law. This OIC only affects legal owners. All these emails speak to proper legal civilian use of the guns they banned. They were being used in a safe manner prior to the ban.

Burlew says people are emotional about this regulation and it’s impacts. Speaks to C68. Took 3 years to pass. Speaks to DCRA use of AR’s, saved it from bans then. Before C68, new gun laws had to sit with parliament for 30 days (or 60?).

Burlew continues, speaks to old case law. Yes it’s 30 days. Regulations required a sitting period.

Judge asks for relevance.

Burlew goes on about the history of the FRT. Judge asks if there are any records of changes to the FRT.

Burlew speaks how the opinions within the FRT changed over time. Judge argues with him. Says we heard nothing ever gets deleted. Burlew says the FRT over-writes itself.

Speaks to a series of 8 gauge shotguns that were once deleted from the FRT.

Burlew explains that the original FRT page has the date. They change the date and you can’t trace it. Judge seems unsure.

Speaks to the CZ858, Swiss Arms and their historical reclassifications. They’ve been moved from NR▶️prohib▶️NR

Burlew continues, long, detailed history of classification changes for the CZ/SA, others. Explains grandfathering. Details regulation to prevent lessening classification. You can only make it more restricted.

Judge isn’t following him, asks for clarity.

Burlew slowly reviews the regulation implementation.

Speaks to SFSS deeming a gun an unnamed variant, police reliance on FRT. Charges stemming from FRT opinion are open to defending under the charter. Only the GIC has the power to deem something a variant.

Burlew says they spoke to Former PS Minister Blaney way back, about the FRT. Argues the opposite of yesterdays legal team about sub delegation.

Says only the GIC can have final say on a classification. Then it’s Gazette’d.

Burlew speaks to infringement, reads the SCC definition. Says his affidavits speak to how people have been infringed upon. Says that alone is enough. Speaks about all the laws and regulations already on the books. Says the rules are sufficient. Says the OIC made us criminals.

Says the amnesty is limited in scope and time. Talks about how owners have owned these guns for 3 years under the amnesty and maintained safely.

Asks why it’s necessary to make Hipwell and other people criminals.

Asks why cabinet didn’t use another method to ban these guns with less risk to owners. Says registration and licensing should be enough to protect the public 😬

Says this ban doesn’t protect the public. Says Hipwell is “grandfathered” for other prohibs. Says he’s allowed to keep those. Argues for grandfathering.

Finishes.

Judge asks Generoux if she can go today?

Burlew finished 3 hours ahead of schedule. Generoux asks to adjourn and come back Monday.

The AGC wants to start Tuesday.

Judge sides with Generoux.

Court is adjourned until Monday morning.

Happy weekend tweeps!!

Fin