INTRODUCTION AND BRIEF DESCRIPTION
The Governor in Council cannot declare something a prohibited firearm, weapon, or ammunition if it is reasonable for hunting or sport.
SECTION WORDING
117.15(2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes.
EXPLANATION
The Criminal Code of Canada regulates the possession, use, and sale of firearms, weapons, and ammunition in the country. Section 117.15(2) of the Criminal Code provides the Governor in Council the power to make regulations regarding the types of firearms, weapons, and ammunition that are considered prohibited or restricted in Canada. However, this power includes a significant limitation: the Governor in Council cannot prescribe any item to be prohibited or restricted if the item is reasonable for use in Canada for hunting or sporting purposes. This provision underscores an important aspect of Canada's approach to gun control, namely that firearms and other regulated items can have legitimate and lawful uses that are explicitly protected by law. While Canada has strict rules regarding firearms ownership and usage, the law recognizes that hunting and sport shooting are longstanding and important traditions in Canadian culture. As such, the country's gun control regulations must balance public safety concerns with the needs and interests of responsible gun owners. The provision also places the onus on the Governor in Council to exercise discretion and judgment when making regulations. By requiring the Governor in Council to consider whether an item is reasonable for hunting or sporting purposes, the provision creates an objective standard for evaluating potential regulations. This helps to ensure that regulations are not overly restrictive or arbitrary, but are instead based on sound reasoning and evidence. Overall, section 117.15(2) reflects Canada's nuanced approach to gun control, which seeks to protect public safety while acknowledging and preserving the legitimate uses of firearms, weapons, and ammunition in hunting and sporting contexts.
COMMENTARY
Section 117.15(2) of the Criminal Code of Canada is a provision that grants the Governor in Council the power to regulate firearms, weapons, and ammunition. However, it also puts a limit on that power by prohibiting the Governor in Council from prescribing any tool or item as a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, or prohibited ammunition if it is deemed reasonable for use in Canada for hunting or sporting purposes. This provision has been a subject of debate and controversy among different stakeholders in Canada. Some groups, including gun owners, hunters, and sports shooters, argue that this provision protects their rights to own and use firearms that are essential for their activities. They see this provision as a safeguard against excessive and arbitrary regulations that could infringe on their rights and restrict their access to firearms that are reasonable for hunting or sporting purposes. Others, including some advocates for stricter gun control measures, criticize this provision for creating a potential loophole that allows some dangerous and high-capacity firearms to remain legal despite their potential for causing harm. They argue that this provision provides an opportunity for manufacturers to exploit the hunting or sporting exemption to justify the sale of firearms that are not primarily meant for those purposes but can be used for criminal activities. While the content and scope of this provision remain subject to interpretation and debate, there are some key considerations that should inform any analysis of its impact. These considerations include: 1. The purpose and intention of the provision: Section 117.15(2) aims to strike a balance between regulating firearms and weapons and protecting the legitimate interests of hunters and sports shooters. It recognizes the importance of these activities to Canadian culture and economy while also acknowledging the need for public safety and security. Therefore, any analysis of this provision should consider how it achieves this balance and whether it serves its intended purpose. 2. The definition of "reasonable for use in Canada for hunting or sporting purposes": This phrase is critical in determining what items are exempted from the prohibition on certain firearms, weapons, and ammunition. The interpretation of this phrase should take into account factors such as the type, capacity, and lethality of the items, as well as the role they play in hunting or sporting activities. Additionally, any determination of what constitutes a reasonable firearm or weapon should be based on evidence, research, and expert advice. 3. The potential for abuse and unintended consequences: While this provision seeks to protect hunters and sports shooters, it also creates the potential for abuse and exploitation. For instance, some weapons manufacturers may attempt to market firearms that are not primarily meant for hunting or sporting activities under the guise of an exemption. Therefore, any analysis of this provision should take into account its potential for unintended consequences and abuse. Overall, Section 117.15(2) of the Criminal Code of Canada is an essential provision that attempts to balance the need for gun control measures with the interests of hunters and sports shooters. While it is subject to debate and interpretation, it is critical to ensuring that firearms, weapons, and ammunition are regulated in a manner that promotes public safety and security while also acknowledging the legitimate uses of firearms in Canadian society.
STRATEGY
Section 117.15(2) of the Criminal Code of Canada provides an opportunity for firearm users, manufacturers, and importers to challenge the classification of their products as prohibited firearms, restricted firearms, prohibited weapons, restricted weapons, prohibited devices, or prohibited ammunition. The section stipulates that any item that is considered reasonable for use in Canada for hunting or sporting purposes cannot be prescribed as a prohibited device. This section provides an opening for strategic considerations and planning for firearms stakeholders. One of the most effective strategies that firearm stakeholders can employ when dealing with Section 117.15(2) of the Criminal Code of Canada is to undertake research and development. In this case, firearms manufacturers and importers must ensure that their products meet the standards required for hunting or sporting purposes. This would include investing in new technology that enhances accuracy, safety, and overall performance while limiting noise and reducing environmental damage. By developing firearms that meet the hunting and sporting criteria, stakeholders can avoid prescription as prohibited devices, which would limit their market and profitability. Another effective strategy that firearm stakeholders can employ is engagement. This will entail lobbying the relevant regulatory agencies and policymakers to ensure that their views are considered before any regulations are implemented or changed. In this regard, stakeholders should provide evidence-based arguments that demonstrate the reasonableness of their products for hunting and sporting purposes. For example, sport-shooting events can be organized to showcase the functionality and ease of use of firearms that they wish to introduce into the market. This can help regulators to identify the value of these products in hunting and sporting activities. Engagement can also include educating the public and policymakers about the differences between different firearm classes and the positive contributions of firearms for recreation and community activities. Collaboration is another critical strategy that firearm stakeholders can use when dealing with Section 117.15(2) of the Criminal Code of Canada. This can entail working with different stakeholder groups, such as animal conservationists, hunters and anglers, and environmental organizations. Through collaboration, stakeholders can identify common interests and establish a united front in advocating for the preservation of shooting sports and hunting activities. Collaborative efforts can also increase the visibility of firearms as essential tools for sport and recreation and as assets to the economy. In conclusion, Section 117.15(2) of the Criminal Code of Canada provides opportunities for firearms stakeholders to challenge the classification of their products as prohibited devices. To maximize these opportunities, stakeholders can employ several strategies, including research and development, engagement, and collaboration. By doing so, they can contribute to the development of policies and regulations that support, rather than inhibit, the use of firearms for hunting and sporting activities.