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Ontario Superior Court refused to certify the class action against S&W with respect to the Danforth shooting (and M&P 40 was used)

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TACCOM 2024 - Sept 6-8 (www.taccomcanada.com)
submitted 2 months ago* (last edited 2 months ago) by northmaple1984@lemmy.ca to c/canadaguns@lemmy.ca
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submitted 3 months ago* (last edited 3 months ago) by northmaple1984@lemmy.ca to c/canadaguns@lemmy.ca

(Note that I am not her)

Well, I have been saving this update for when it really matters and when I had news to report. In October, we were disappointed and disillusioned to get the Federal Courts (nearly 600 page) ruling throwing out our challenge on all fronts, we have MUCH to say about it, which is why we were first to file our notice of appeal in November, after hunting season. Since then, much has happened which we couldn't speak about until now. We are officially consolidated with 3 other appellants (CCFR et al, Doherty et al, Eichenburg et al), BOTH the Attorney Generals of Alberta and Saskatchewan have joined us this time--Constitutionally, the Canadian Constitution Foundation have also applied to intervene on our behalf--pending Court's approval. The Crown sued us for the costs of the lost case (and all their shrewd lawfare antics which deliberately lengthened and made the litigation more costly and complex (think 3 injunction motions near the Amnesty expiry deadlines, deadlines extended at last minute and motions subsequently abandoned, think Cabinet confidentiality blocking all evidence and a 1 year delay, think obfuscation through academic frauds) over the last 4 years. Their price amount started astronomically high just to mess with our heads (150,000$) and we fought it, down to a more "reasonable" amount (23,500$); BUT we do insist the amount should be zero. The Generoux party ESPECIALLY (and others, for example the Doherty party) are the text book definition of "public interest litigants" by the case law, we made it clear from the get go--we are here fighting for the survival of the culture and the country, not over a 500$ gun, therefore we shouldn't be liable for a cent to this corrupt Government, we felt we had no choice but to oppose this egregious trampling of our rights, culture and property. This is the message they are sending to citizens like us--DO NOT challenge us, do not question us, do not investigate or embarrass us or we will crush you--financially if we can. The judge didnt see us as public interest litigants, of course, but then again she doesn't seem to think Canada has a gun culture worth saving and doesn't seem to grasp that gun owners should have the same rights and protections as other citizens. Our little party of self represented citizens owe the privilege of being able to advocate for the history and heritage of firearms culture in Canada to YOU, the donors. Back when I started this, I had no idea what I was committing to, and without your donations, paying our share of the cross examination transcripts, notary fees, printing and travel costs would simply not have been possible. We have 7,000$ left of the original donations, if you can find it in your heart to make another round of donations, the Crown has threatened myself and my co applicants John and Vincent, that if we dont come up with 23,500$ in 60 days, they will begin receivership, garnishment and bankruptcy processes against us to execute the payment....which must mean we have done something right, we really were a thorn in their side, they now have a personal vendetta against us.

We plan to appeal this punitive and political financial "punishment" to the higher Court but would like to have the payment ready should it ultimately come to this, John has spent his life advocating for firearm rights and he needs you to advocate for him now. More updates coming soon, we have also opened a GIVESENDGO account (Cultural Firearms Defence Fund https://www.givesendgo.com/CFDF ) for those who dont trust other platforms since the great trust breech of freedom convoy 2022, we understand and feel the same way. Here is part of the write up on GiveSendGo which I wrote from my heart, and I hope you will go read and share, even if your situation does not allow for a donation at this time--just know we are so grateful to those who believe in us and our arguments. We are also working on a website where you can read and view the fruits of my labor of love over the last 4 years in Court..." Including the memorandum which got the Canadian Coalition for Gun Control and the Kook kicked to the curb.

..."We of course, are opposing this insane bill of costs and taking it to the judge, but with the state of justice in this country and our experiences thus far we know, if we aren’t prepared to pay what is eventually ordered when all our appeals are exhausted, we could even loose our homes for daring to speak up, for daring to fight for those who are unable to fight for themselves....

"Our party’s unique argument is that safely using and possessing these rifles and shotguns, as we have for nearly a century is an intrinsic and integral part of Canadian history, heritage and culture and there is no reason to destroy that. This cultural right is explicitly protected under the Criminal Code. We demonstrated that Canada’s hunters, farmers, sport shooters, shops, ranges and others are facing discrimination, and are legally, socially, emotionally and financially suffering from the effects of this OIC—and that this OIC provides no benefit to Canada but certainly harms us. The consequences of it, being damage to Canada’s national preparedness, Canada’s economy, the destruction of Canada’s proud shooting and hunting heritage and the unique culture which brings our communities together; this culture benefits Canada and Canadians greatly and does no real harm to anyone. That is a statistics Canada fact.

Throughout this journey I have been humbled and in awe of my community, the support, the resilience, the fellowship and the courage I have witnessed. My party managed to raise over 30,000$ for our court costs, other parties were able to raise millions, which allowed us to continue in this fight for Canadian firearm rights, all thanks to the generosity of our community and culture. Without your support we couldn’t continue fighting and from the amount of support we have received it appears our community is behind us all the way.

I wasn’t alone in this fight; I was grouped with 5 brave parties who put everything they had into defending our rights and property against this abusive and dangerous prohibition and are now facing a similar financial punishment.

I urge you please to give generously to our party’s funding account (and any of the other 5 parties if you can Ms. Parker from (now bankrupt) KKS tactical, The CCFR/Wolverine/ Hipwell's group, Michael Doherty et al group and the Jennifer Eichenburg et al group)---so that we may keep defending Canada’s cultural firearm culture, heritage and rights and not be threatened and bullied into silence and compliance.."

We stood for our community, and now we need our community to rise (yet again) to defend us.

Christine Generoux, self rep.

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I see that Reddit is bitching about RS-Q1 being prohibited via FRT listing rather than actual legislation. While it still sucks (since stores without balls won't sell them), everyone should keep the following in mind:

  1. There is no law that gives the FRT legal authority.

  2. The FRT document itself states that it is only an administrative document only right on the second page and that Criminal Code and related regulations are the prevailing authority; the RCMP website where you get it from states the same.

  3. The RCMP and creator of the FRT (former RCMP, now under contract) have testified under oath that the FRT isn't a legal document.

So can we stop with the fearmongering and the "complying above and beyond the law" bullshit? All it does is make it harder for people who are actually following the law (ex. people still openly using and selling Modern Sporters).

And, in my opinion, this is not something the Crown will actively pursue if push comes to shove because they lose the power of fearmongering if written case law states that the FRT is worthless.

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Canadian Gun Nutz - Brand New Look! (www.canadiangunnutz.com)
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How the NWEST wind blows (www.canadiangunnutz.com)
submitted 5 months ago* (last edited 5 months ago) by northmaple1984@lemmy.ca to c/canadaguns@lemmy.ca

(Copied from CGN for those without access.)

(Tl;dr This guy is lucky he didn't get Kotanko'd)

How the NWEST wind blows.

May 13, 2024

I would like to introduce myself and my wife.

I am Robert Alan Harper, aged 76, gun owner and collector for 55 years, shooter for 60 years. I am currently having health problems, hard of hearing, tinnitus, neuropathy, arthritis, diabetes, old man stuff, not unusual for a guy my age. I need a walker to walk any distance. I can do a short walk with a cane. I have no criminal record. My wife and I are together for 34 years, 8 years in Toronto and 26 years in Kingston, Ontario. Police have never been called to our home.

My wife of 34 years is Takeko Sakabe, aged 79, no interest in guns, pretty good health for her age.

On March 26, 0900, I was in bed reading and my wife was at the door. Nothing unusual so far. I hear her at the door now and then when Canada Post has a parcel. It was not the normal interchange, but longer than usual.

I got up and heard some kind of talking. I looked out a bedroom window and saw an armored personnel carrier in my driveway and a bunch of commandos in camouflage outfits, body armor and all with M4 machine guns. One guy had a bullhorn. I could hear my name but didn’t catch any more of what he was saying.

My wife told me later that 5 gunstapo commandos threatened to shoot her if she didn’t put up her hands.

I figured it was something serious to attract that crowd. I walked downstairs with nothing on but my undershorts. I opened the front screen door. The inside door was already in the open position. 8 or 9 gunstapo commandos were pointing their guns at me. One guy told me to step outside. I said it was cold out and I was not dressed. I recalled how the police gunned down the gunsmith in Brantford, Ontario, and how the police in Toronto jumped Johnny Sombrero a few years ago and broke several of his ribs. Johnny had done nothing wrong. I don’t know what the gunsmith in Brantford had done, if anything.

I stepped outside. I had no shoes or socks on, just my undershorts. I grasped the railing on my concrete walkway. One of the gunstapo commandos ordered me to put my hands up. I said I can’t do that because I would fall on my face, because I have neuropathy.

I do what I call wall-walking. I hold onto whatever is handy around the house to walk. I steady myself by holding fixtures like door-knobs, walls, a chair, a table, the fridge, the stove. I take baby steps. Otherwise, I fall down.

The officer who threatened to shoot me if I did not put up my hands did not shoot me. I wall-walked down my concrete walkway holding the iron railing. Then, I switched to my other side to wall-walk along my car in the driveway. Then, switching sides again, I wall-walked all the way along the armored personnel carrier, pretty much to the end of my driveway. All the while in front of the business end of several machine guns.

I said I can’t stand. I need to sit on something, so I sat on the rear bumper of the armored personnel carrier.

I was advised that they found something illegal in BC that implicated me. I was asked what is my relationship with the Asian woman in my house. More questions followed, which I declined to answer.

After a few minutes I got hustled into a police truck in handcuffs. I was driven up Division St to the Kingston jail by the woman who seemed to be in charge, and another officer with her. She was doing 94 in a 50 for most of the way. I could clearly see the speedo.

I was quickly processed, which involved taking the minimal clothing that I had been granted and put into a cell.

I asked the officer at reception how long I would be. He said an hour.

I was not allowed to take my walker or a cane. I sat in the cell for 15 hours. I was deprived of my prescription medicines until some time in the late afternoon. I was deprived of any food until some time later in the evening, one McDonalds hamburger. It was cold in the cell and they had taken my shoes. I was getting disoriented and dizzy after 15 hours of no contact.

At midnight, I was taken out and released. I had lost my voice. I had to sign some papers, something called an Undertaking. I had no money, no cell phone, no walker, no cane. I got no assistance leaving the cell. I had to wall-walk out of the station.

When I got home, I went to bed right away. The next day, I discovered that the gunstapo commandos had broken open 4 of my vaults, and one locker, destroying them in the process. They also broke the locks off 2 other lockers.

My home was a mess. They had thrown my belongings all over the place. There were coffee stains all over the microwave and around it. The microwave was destroyed. I had to buy another one for $345.

All my firearms and ammo and other related stuff was gone. I took pictures.

Some charges were laid, which I will not discuss until they are settled.

I can tell you this. I broke no laws. I am a peaceful and law abiding person.

That is my intro to National Weapons Enforcement Support Team (NWEST). I noticed shoulder flashes from OPP, Kingston and a native police force.

Not one person identified themselves. I was never shown any arrest warrant. I never saw any document which allowed them to confiscate my firearms or ammo.

My wife was pushed out of the house and told she could not enter, not for 10 hours was she allowed to enter.

I am in Kingston, Ontario, K7M2S2 Latitude 44.230870 Longitude -76.526640

R Alan Harper Life National Firearms Association Life Canadian Shooting Sports Association Life Ontario Handgun Association Life Frontenac Rifle & Pistol Club 343-363-2267 email/EMT — triggermortis@bell.net

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$30M (I believe, per the budget) over a year and a half is 150-200 FTE employees (aka 15 - 20 people / province) working on this from now until the end of the election.... yeah, this isn't happening.

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As a licensed gun owner the government continues to indicate that this sort of thing is my fault but has yet to explain how.

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Legal firearm ownership isn't the main focus of this article but it is a significant component of it.

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