Federal Court of Appeal defends ‘legitimate’ 2020 firearm ban
The Governor in Council can prohibit firearms and did so in 2020, according to the Federal Court of Appeal.
The Federal Court of Appeal rejected the CCFR's legal challenge against federal gun confiscation efforts, ruling the original 2020 order-in-council was proper.
“It’s bad news for Canadians for multiple reasons,” reads a statement from the Canadian Coalition for Firearms Rights (CCFR). “It is the opinion of the judges that the ‘protections’ in the Criminal Code to prevent the Governor in Counsel (GIC) from banning guns that are legitimate for hunting and sporting use, are irrelevant.”
The courts' refusal to limit government overreach on this issue will negatively impact many aspects of Canada's legal and legislative system, warns the gun lobby.
“Our legal team will be reviewing the decision in depth over the next while and will advise on next steps,” reads the statement.
Today we received the decision out of the Federal Court of Appeal on our long fight against the gun ban. It’s bad news for Canadians for multiple reasons. It is the opinion of the judges that the “protections” in the Criminal Code to prevent the Governor in Counsel from banning… pic.twitter.com/dMrUnMJ9CH
— CCFR/CCDAF (@CCFR_CCDAF) April 15, 2025
In December 2024, then-Prime Minister Justin Trudeau expanded a firearm ban to include more “assault-style” firearms. It follows a prior ban in 2020—which was challenged in an Appeal Court.
While gun owners checked the newly banned list, the CCFR prepared to argue that the 2020 ban was too restrictive and enacted without consultation. They were in court on December 9 and 10 to argue against the order-in-council, reported Toronto.com.
“We concluded our two-day hearing at the federal court of appeal, and we are cautiously optimistic,” CEO and executive director Rod Giltaca told the publication.
Giltaca believes that an order-in-council was never intended to grant broad powers and bypass the legislative process. However, Section 56 of the decision illustrates that the protection provision is subject to the whim of the GIC, who can change their mind at any time.
Public Services Minister Jean-Yves Duclos says the new Liberal gun ban isn't an attack on legal firearms owners, and that the RCMP "have the ability to determine which firearms are designed for military purposes" and which are "reasonable firearms for hunters."… pic.twitter.com/jBiNwIuk3W
— Rebel News (@RebelNewsOnline) December 5, 2024
“Most people in the courtroom this week [last December] agree that no matter what the ruling, it will significantly impact Canadian law and future jurisprudence,” Giltaca said. “This ruling will affect the use of orders in council for every government to follow.”
Justice Kane also upheld the order-in-council, which was not considered ultra vires in a prior Federal Court decision.
“The Governor in Council did not exceed the statutory grant of authority delegated to it by Parliament pursuant to subsection 117.15(2) of the Criminal Code,” it reads. “The Governor in Council formed the opinion that the prescribed firearms are not reasonable for use in hunting and sport and the opinion and decision to prescribe the firearms as prohibited are reasonable.”
The Governor in Council retains the authority to prohibit firearms, and did so based on the Criminal Code and Regulations.
Liberals continue attack on law-abiding gun owners while letting criminals off the hook
— Rebel News (@RebelNewsOnline) March 12, 2025
As violent crime runs rampant across Canada, the Liberals unveiled a new ban on nearly 200 varieties of firearms commonly used by hunters and sport shooters.
On last night's episode of The… pic.twitter.com/52XtncCXNc
Giltaca maintains that most gun owners are law-abiding, noting that some gun owners have legally obtained and properly stored firearms that are essentially worthless.
Giltaca, for example, spent $9,000 replacing a firearm that was banned in 2020, only for his replacement to also be added to the new banned list.
Owners have until October 30, 2025 to surrender their firearms for destruction.
“If we receive a decision that is unanimous of all three judges, and it’s negative on our case, that’s likely the end of the road for us on this action,” he said last December.
Alex Dhaliwal
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Alex Dhaliwal is a Political Science graduate from the University of Calgary. He has actively written on relevant Canadian issues with several prominent interviews under his belt.
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COMMENTS
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Bernhard Jatzeck commented 2025-04-17 00:43:13 -04001. The government is always right.
2. When the government is wrong, see rule #1. -
Bruce Atchison commented 2025-04-16 19:20:35 -0400More injustice for legitimate firearms owners. What next will governments ban? Unless Poilievre gets in and changes things, any private property can be confiscated by the feds.
