This application arises from one of what I understand are 1400 plus Canadians caught in a vortex under a portion of that legislation that would have impressed Franz Kafka.
. . . . . . . . . .
It appears the courts must time and again play Max Bod to Parliament's Kafka and render something meaningful in this legislation that is otherwise meaningless. In doing so, the courts must be cautious not to write in what is not there but to interpret what is there. I cannot accept that Parliament passed a convoluted piece of legislation for no purpose except the unintended consequence of depriving all people from possessing these firearms, particularly those whose rights they intended to grandparent. That is clearly not the object and purpose of the legislation as stated over and over again in the cases before me. There is a presumption that all legislation is passed with a view to it having force and effect.
Barrett v. Canada (Registrar of Firearms) |
2009 CarswellBC 152 |
British Columbia Provincial Court