“At that far end stands, for example, the licensed and responsible gun owner who stores his unloaded firearm safely with ammunition nearby, but makes a mistake as to where it can be stored. Given the minimal blameworthiness of this offender and the absence of any harm or real risk of harm flowing from the conduct, a three year sentence would be disproportionate. Similar examples can be envisaged. The bottom line is that s. 95(1) foreseeably catches licensing offences that involve little or no moral fault and little or no danger to the public.
It follows that the mandatory minimum terms of imprisonment imposed by s. 95(2) are unconstitutional.”
See R. v. Nur – SCC Cases (Lexum). Little by little the insanity that was introduced into the Canadian Criminal Code by knee-jerk reactions to outrageous crimes involving firearms is being undone. We’ve had the registry eliminated, and licensing streamlined. Now one of the major provisions, extra punishment for firearms offences far beyond reason, has been shot down. When our Senate did not do its job of giving sober second thought to such legislation this stuff was imposed badly and caused much pain in Canada. Now, in hindsight, our Supremes are finally getting it right. I hope one day they will put the legislation back into Pandora’s Box where it never should have seen the light of day. While the legislation hurt a lot of small businesses and their customers mostly farmers and hunters, target-shooting and collecting firearms are being revived and more firearms-friendly businesses are emerging or re-emerging, despite the legislation and the 1K+ pages of regulations it spawned.
The last few things I see needing fixing in this line are Canadian manufacturing of ammunition and firearms. Under “Free Trade” most such operations were shut down or relocated to USA. Then along came export restrictions from the UN… Now in USA and Canada just about everything from 22 rim-fire ammunition to propellants are in short supply and it is terribly difficult to shop in USA. e.g. Canadians can’t legally buy firearms/ammunition in USA unless they have a licence to hunt in USA… Then there’s paperwork crossing the border from both sides… It would be so much easier to have Canadian products sold by Canadian retailers as in the old days. Along that same line, propellants which used to sell for a few dollars per pound now sell for ~$30, if you can find any. Bullets which used to cost ~10cents now cost 50cents.