Alberta Justice Minister Tyler Shandro will be among the officials intervening in six lawsuits concerning the federal government's firearms prohibition. (Photo: Government of Alberta)

By David Opinko

Firearms Legislation

Alberta to intervene in six lawsuits opposed to federal firearms ban

Jan 12, 2023 | 2:22 PM

EDMONTON, AB – The Government of Alberta will have active involvement in a series of legal actions that target Ottawa’s firearms prohibition.

The Federal Court has granted the province’s application to intervene in six ongoing lawsuits concerning consitutional and non-constitutional legal issues relating to the banning of more than 1,500 types of firearms.

Justice Minister Tyler Shandro says he is pleased that he and other Alberta officials will be allowed to advance legal arguments in the cases.

“The federal firearms ban criminalizes hundreds of thousands of law-abiding Canadians who are in possession of firearms that the federal government has arbitrarily banned – simply because the ‘style’ of the firearm was deemed to be aesthetically displeasing by bureaucrats in Public Safety Canada,’ says Shandro.

The current judicial reviews include:

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• Cassandra Parker and K.K.S Tactical Supplies Ltd. V Canada (AG)
• Canadian Coalition for Firearms Rights et al. v Canada (AG)
• John Hipwell v Canada (AG)
• Michael Doherty et al v Canada (AG)
• Christine Generoux et al. v Canada (AG)
• Jennifer Eichenberg et al v Canada (AG)

Alberta’s Chief Firearms Officer Teri Bryant says the lawsuits raise questions of significant public interest respecting the lawful ownership of firearms in Canada, the proper interpretation of the Criminal Code, and the scope of regulatory powers.

She plans to argue that Ottawa’s legislation is an overreach of its jurisdiction and will infringe on the rights of law-abiding gun owners.

“The federal government’s legislative amendments would result in responsible firearms owners losing their property without improving public safety. I have urged the federal government to reconsider these amendments, and will continue to advocate for laws that protect both public safety and property rights,” says Bryant.

According to a media release from the province, the federal firearms ban targets an estimated 30,000 firearms for confiscation in Alberta.

The release also states that, among all Canadian provinces and territories, Albertans own the second-highest number of firearms that would be classified as restricted or prohibited by the federal government.

In December 2022, Shandro announced regulatory changes that would allow the Alberta Crown Prosecution Service to handle charges involving the federal Firearms Act instead of federal prosecutors.

Shandro said that it will be deemed to not be in the public’s interest to prosecute charges relating to the possession of banned firearms in the following instances:

• The accused lawfully obtained the firearm or prohibited device prior to May 1, 2020.
• The firearm or prohibited device was reclassified as prohibited on May 1, 2020.
• The accused has not been charged with any other offences related to the possession or use of that firearm.