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  1. #1
    Senior Member
    Join Date
    Jul 2013
    Southwestern British Columbia

    The Legal Truth Part 4, Finally!!

    Rod Giltaca, PAL Instructor
    Civil Advantage Firearms Training

  2. #2
    Senior Member Foxer's Avatar
    Join Date
    Jan 2014
    Umm - not to nitpick, but you know the video itself says 'part 3' right? Just checking.

  3. #3
    Senior Member RangeBob's Avatar
    Join Date
    Mar 2014
    Having a law that empowers OIC regulations is called a Henry VIII clause.
    Henry VIII clauses grant powers to the executive to modify legislation. Typically, Henry VIII clauses are included in legislation for limited periods of time, to facilitate the implementation of the statutory provisions.
    It is a backdoor for the executive (Council or administrative branch) that can go beyond the intent of the original framers, but it doesn't change the Law. Indeed the regulations are still trumped by the Law.

    I'm not sure about my early C68 history with regards to classification of firearms, but I thought that the RCMP were against registration in 1994 (e.g. Dixon's comment that half the restricted records had been thrown in the trash because the RCMP didn't want them), and it wasn't until 2006 that they got that responsibility. Responsibility for the administration of the Firearms Act and the operation of the Canada Firearms Centre was transferred to the RCMP in May 2006. The Commissioner of the RCMP assumed the role of the Commissioner of Firearms. Shortly thereafter, the RCMP started consolidating other firearm investigative and firearm enforcment branches of the RCMP under the Canada Firearms Program, such as NWEST.

    December 2002, Auditor General Report,
    June 28 2004 election Liberal government under Paul Martin
    January 23 2006 election, Conservative government under Stephen Harper
    May 2006, Auditor General Report
    May 2006, RCMP given control of Canadian Firearms Program

    The NFA has the best comparison of AK-47 vs Armi-Jager AP-80 at

    When the NFA requested, through the Access to Information Act, data on how firearms were chosen for Kim Campbell's lists (that later became Rock's lists), one of the things we received was hilariously funny.
    Looking at their lists before our Access to Info data came in, no one could see any rational pattern at all. One of us speculated that they had gone through the Gun Digest and put tick marks next to every picture of a firearm that "looked nasty."
    When the data arrived, it contained photocopies of pages from the Gun Digest, with an "X" next to every firearm that "looked nasty."

    Same 'gun digest' story at the1000 #3:

    "Let us not hear that the registration system will cost $100 per firearm. Let us not hear that it is a prelude to confiscation by the government of hunting rifles and shotguns. Let us not contend that it will cost $1.5 billion to put in place. That is the way to distort the discussion. That is the way to frighten people."
    - Former Liberal Justice Minister Allan Rock, Hansard, February 16, 1995.

  4. #4
    Senior Member Foxer's Avatar
    Join Date
    Jan 2014
    Having a law that empowers OIC regulations is called a Henry VIII clause.
    Actually that's not what a Henry the 8 clause is. A HT8 is a law that allows itself to break or override itself or other laws. OIC regulations don't generally have that power. Certainly the vast majority don't.

    And regulations aren't 'oic', they're just regulations. An OIC (order in council) is just the process by which regulations are changed.

    Acts enable regulation, and that's usually perfectly normal. For example, a wildlife act may say "you can hunt deer but only under the terms of the regulations." Then each year they pass regulation as to how many deer you can shoot, and in what areas. That prevents them from having to pass a new law every year and it doesn't actually change the law which enabled the regulation. As you say tho - the law still trumps the regulation.

    Now - the regulation that allows them to name certain guns to the various classes of guns comes CLOSE to that - but it doesn't actually change the law. But it does sort of, and it allows the gov't to change what guns are legal without going to parilament. It's not a true HT8 clause, but it comes very close.

    Consider the idea that an act allowed for regulations which modified the act. For example - lets say that the act said "Section 1 - people shall be issued a gun license if: A) they pass a test and b) they have no criminal convictions.

    THEN it says "section 1 may be modified by the regulations".

    That would allow them to pass a regulation by OIC that said "Section one shall now also include "c) if they are loyal members of the liberal party and justin says its ok""

    Now the original law is modified - WITHOUT an act of parliament.

    The use of regulations is supposed to be to address those things which change so regularly that it would be a horrible waste of time to have a new law passed each time. Like hunting regs, or the like.

    They got away with regs for guns because there's always new guns coming on the market and they might need to make changes to the status of various new guns pretty regular. But it still borders on being a HT8 clause because it does allow gov'ts to go back after the fact and change the legal status of a gun even after it's been orgininally assessed and even if it would meet the critera of another classification. But it's not actually an HT8

  5. #5
    Senior Member Steveo9mm's Avatar
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    Nov 2013
    thanks for not putting the brick wall in the video.

  6. #6
    Senior Member 3MTA3's Avatar
    Join Date
    Jul 2012
    "Henry VIII" clause -a provision in a Bill which enables primary legislation to be amended or repealed by subordinate legislation, with or without further Parliamentary scrutiny.
    "So much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot.." - George Orwell
    "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."-William Pitt the younger

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