Gun Laws in Canada Term Paper by Nicky

An examination of the "The Attorney General for Alberta v. The Attorney General of Canada" court case.
# 149809 | 2,561 words | 5 sources | APA | 2011 | US


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Description:

The paper explores and analyzes the court case of "The Attorney General for Alberta v. The Attorney General of Canada" that brings into question the firearm rights in concordance with the Constitution Act of 1867 and the Firearms Act of 1995. The paper shows how this was a definitive case that assisted in establishing the gun laws that currently exist in Canada and the authority of Parliament as it pertains to the establishment of gun laws.

Outline:
Introduction
Main Legal Issues and Questions
Development of Other Laws Associated with Firearms
Interpretation of the Judicial Ruling on the Case
Conclusion

From the Paper:

"This particular case may indeed have an effect that was not intended by the law. These unintended effects might include intruding upon the rights of law abiding citizens to have firearms. That is "a law may say that it intends to do one thing and actually do something else. Where the effects of the law diverge substantially from the stated aim, it is sometimes said to be "colourable" (Attorney General for Alberta v. The Attorney General of Canada).""
"Although there is some possibility that the law might be quite problematic, the higher court upheld the findings of the lower court. The higher court concluded that this particular act established by Parliament was permissible because Parliament had jurisdiction over criminal law. Furthermore, the court found that "The law in "pith and substance" is directed to enhancing public safety by controlling access to firearms through prohibitions and penalties. This brings it under the federal criminal law power. While the law has regulatory aspects, they are secondary to its primary criminal law purpose. The intrusion of the law into the provincial jurisdiction over property and civil rights is not so excessive as to upset the balance of federalism (Attorney General for Alberta v. The Attorney General of Canada).""

Sample of Sources Used:

  • Attorney General for Alberta v. The Attorney General of Canada. http://scc.lexum.umontreal.ca/en/2000/2000scc31/2000scc31.pdf
  • Canadian Centre for Justice statistics. http://dsp-psd.pwgsc.gc.ca/Collection-R/Statcan/85-002-XIE/85-002-XIE2006006.pdf
  • Mauser, G.A (2005) Gun Control in Canada. http://www.sfu.ca/~mauser/papers/encyclopedia/CanadianGunControl.pdf
  • G. A. Mauser, Ph.D., Buckner, H. Taylor Ph.D. (1997)Canadian Attitudes Toward Gun Control: The Real Story. A Mackenzie Institute Occasional Paper. http://www.ssaa.org.au/research/1997/1997-01_canadian-attitudes-toward-gun-control-real-story.pdf
  • Vernick, Jon S. James G. Hodge, Jr.and Daniel W. Webster. (2007)The Ethics of Restrictive Licensing for Handguns: Comparing the United States and Canadian Approaches to Handgun RegulationThe Journal of Law, Medicine & Ethics, Volume 35, Issue 4 (p 668-678)

Cite this Term Paper:

APA Format

Gun Laws in Canada (2012, January 01) Retrieved January 20, 2020, from https://www.academon.com/term-paper/gun-laws-in-canada-149809/

MLA Format

"Gun Laws in Canada" 01 January 2012. Web. 20 January. 2020. <https://www.academon.com/term-paper/gun-laws-in-canada-149809/>

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