I had a tech fail which dropped this blog from my regular rounds, so i’m a bit late on the draw (ha!) on this one. If you aren’t following the women’s court of canada, you probably should be. A great blog on a wide variety of topics. Posts once or twice a month, sometimes more.
I briefly mentioned this repeal project in the IFLS December 6th post, but Jennifer Koshan does a thorough job exploring Charter arguments against repeal in her post The Repeal of the Long Gun Registry: A Violation of the Federal Government’s Obligations Concerning Violence Against Women?
Assuming evidence of the efficacy of the registry in reducing gun-related violence could be amassed, Charter arguments might be made under both sections 7 and 15. These arguments would be to the effect that the repeal of the firearms registry is an arbitrary violation of the right to life and security of the person contrary to the principles of fundamental justice under section 7, and that the maintenance of the registry is required in order to combat violence against women, an aspect of women’s equality under section 15 of the Charter. The difficulty under both sections would be that arguments that the government has a positive obligation to enact or maintain legislation have not been well received by the courts