Posted by Thinking Gnusmas (206.45.180.154) on December 10, 2001 at 13:26:54:
In Reply to: Firearms Restrictions posted by Wetigo on December 08, 2001 at 23:46:47:
: First, I am not current on the status of firearms resrtictions in Canada. However, I have a thought that the possession and the use of firearms may be an infringment on section 35 rights of the Constitution.
: Bear with me, until now, section 35 dealt with hunting/fishing rights but what has not been constitutionally defined is the rights associated with excerise of the right to hunt or fish. To hunt successfully, a firearm is required. To hunt or fish in some cases a lodge or a shelter is required.
: Maybe, this is the time to test to see if the current gun laws are consitutionally valid. As the laws were designed to protect the voters in metropolitian cites of the south. Usually, you dont find bears trying to break into homes in Toronto unless it a street gang or a sporting team called the bears.
: Just a thought.
:Good point. I think the gun control legislation is an infringement on Treaty Rights. The other thing I worry about as well is that the legislation gives the Provinces a tool to regulate Treaty hunting rights as they are the ones who will be implementing it. I will now give them (probably through Conservation Officers)the right to harass or check on Treaty hunters. Right now they don't. Even today, I have heard of officers checking on Treaty hunters even though they don't have a right to do so. Definitely this law should be challenged based on its infringement of Treaty Rights. Just an opinion.