Canadian Declaration of Firearms and Hunting Rights

From the Firearms Freedom Foundation

In recognition of firearms and hunting rights as they are held, practiced and affirmed by Canadians of today, and in recognition of firearms and hunting rights as formerly held and practiced by Canadians in recent times and within living memory, and in recognition of the unbroken tradition of firearms and hunting rights as held and practiced by Canadians through past generations from the time of antiquity;

We solemnly declare these to be the inalienable firearms and hunting rights of Canadians from times past and for all time to come:

DEFINITIONS

Criminal. Any person who with intent or who through willful negligence or negligence not of a minor nature, threatens, injures, damages or destroys the life or property of any other person; except any person who acts with reasonable and justifiable force against an imminent and credible threat or action that is likely to cause or is causing permanent injury or serious injury or death to any person, or serious damage or destruction or theft of private property, not including private property in legal possession of any person threatening or acting to damage or destroy his own property, so long as such damage or destruction does not or would not itself present an imminent and credible threat or action against the security of another person or the property of another person.

Criminal act. Any intentional act or willfully negligent act or any act of negligence not of a minor nature, resulting in a threat against, injury to or damage to or destruction of the life or property of any other person, except an act of reasonable and justifiable force against an imminent and credible threat or action that is likely to cause or is causing permanent injury or serious injury or death to any person, or serious damage or destruction or theft of private property, not including private property in legal possession of a person threatening or acting to damage or destroy his own property, so long as such damage or destruction does not or would not itself present an imminent and credible threat or action against the security of another person or the property of another person.

Native Canadian. Any person born in Canada as a citizen of Canada, or any person born outside of Canada to Canadian parents, and who is deemed a citizen of Canada from the time of birth.

Substitute income. Any income or an evaluated amount equal to any benefit or compensation accruing from the barter, trade, or exchange of gifts or other disposal of articles or produce, if in any way such a transaction constitutes a form of monetary income or otherwise serves as a substitute for monetary income.

Subsistence hunter. Any native Canadian whose principal residence is located beyond reasonable daily round-trip commuting distance of an accessible year-round centre of competitive commercial food outlets, in consideration of the available means of transportation, and who depends for sustenance on the catching, hunting or gathering of wild fish, wild game or wild food produce; so long as such fish, game or food produce, or the products derived from these resources, is neither sold nor bartered nor traded nor exchanged nor given to any other person or persons not also subsistence hunters or dependants of a subsistence hunter.

Any hunter whose total amount of income and substitute income, including the income and substitute income of dependants, exceeds the applicable income poverty level established by the government of Canada, is not eligible as a subsistence hunter.

Supplemental hunter. Any native Canadian hunter not eligible as a subsistence hunter, whose principal residence is located beyond reasonable daily round-trip commuting distance of an accessible year- round centre of competitive commercial food outlets, in consideration of the available means of transportation.

Canadian sport hunter. Any hunter not eligible as a subsistence or supplemental hunter, and who is a Canadian resident.

Foreign sport hunter. Any person hunting in Canada who is not a Canadian resident.

THE FIREARMS RIGHTS OF CANADIANS

APPLICATION OF FIREARMS RIGHTS

In recognition of the record of misuse of firearms by foreigners and immigrants in Canada, who do not share our Canadian history nor our Canadian tradition of responsible and peaceful use of firearms, nor necessarily do they share our respect for the value of property and the sanctity of human life; we declare that foreign residents of Canada and foreign visitors to Canada shall not be permitted to possess or use firearms, except as specifically provided in law, and with due regard to the social, cultural and economic benefit to Canada provided by visits from international shooting competitors, firearms exhibitors and the foreign clients of Canadian outfitters and guides.

We further declare that all citizens of Canada who are not native Canadians shall enjoy the possession and use of firearms equivalent to the rights of native Canadians, subject to justifiable limitations and justifiable restrictions as may be applied to naturalized citizens under the laws of Canada.

And we declare the following to be the inherent firearms rights of native Canadians:

STATEMENT OF FIREARMS RIGHTS

Subject to the Application of Firearms Rights, and without prejudice by the laws of Canada or by the Constitution of Canada, or by any other statute, power or authority, we declare the following to be the inherent firearms rights of the free people of Canada, except as provided in the Statement of Limitations to Firearms Rights;

Canadians have the right to possess, carry and use any and all modern and traditional firearms of their personal or organizational choice of design, model, manufacture and modification for purposes of defence, law enforcement, trapping, hunting, target shooting and gun collection.

In recognition of the threat posed by firearms registration to the national security of Canada and to the freedom of all Canadians,

and in recognition of the history of abuse and the massive potential for abuse of registration as a means to confiscate the rightful property of the peaceful and law-abiding citizens of Canada and to harass and threaten the peaceful and law-abiding citizens of Canada,

and in recognition that the capacity of firearms registration to contribute to security, peace and good order in Canadian society is manifestly insignificant,

it is the right of Canadians not to participate in or to be subject to any firearms registration policy or registration program of government or any other organization.

In recognition of the propensity of firearms regulators to create a body of confusing, capricious and inconstant regulations having force and effect of law,

and in recognition that it is the enabling form of legislation which has created these regulatory bodies and empowered them to abuse the peace and security of law-abiding Canadians,

and in recognition of the history of abuse of power and the incidence of unjustified and often deadly force directed against citizenry by special firearms police and other specialized firearms law enforcement agencies,

it is the right of Canadians to be free from the existence of special firearms regulatory bodies and from the existence of special firearms police agencies and other specialized firearms law enforcement organizations;

and it is the right of Canadians that the enforcement of firearms laws and regulations shall continue to reside with the local police who are responsible for general law enforcement duties and who live and work in the communities which they most closely understand;

and it is the right of Canadians to have all federal laws and regulations pertaining to firearms specifically embodied in Acts of the Parliament of Canada, and not subject to Orders-in-Council or other forms of non-public or non-democratic legislative processes and authorities.

It is the right of Canadians not to be subject to criminal investigation, criminal charges, criminal prosecution, or criminal conviction in the case of violations of firearms regulations, except for firearms violations in which the actions of the suspect or the accused conform to the definition of a criminal act as set forth in this declaration, or as noted in the Statement of Limitations to Firearms Rights.

STATEMENT OF LIMITATIONS TO FIREARMS RIGHTS

We recognize the authority of the Canadian courts to restrict or to suspend a person's right to possess, carry or use firearms in the case of conviction for a criminal offence in which the offender's behaviour or actions during commission of the offence or during preparations to commit the offence or during actions or proceedings subsequent to commission of the offence, are demonstrably consistent with the definition of a criminal or criminal act as set forth in this declaration.

We recognize that violation of a valid firearms restriction or suspension order awarded in a court of law of and by itself may be construed as a criminal act.

Nothing in this declaration shall be interpreted to restrict the authority of police, acting on reasonable and probable grounds, to seize firearms in relation to the criminal use of firearms or the intended criminal use of firearms consistent with the definition of a criminal act as set forth in this declaration.

Where it can shown clearly and demonstrably that significantly increased levels of criminal injury or criminal damage to life or property are probable to occur if specified general firearms restrictions are not retained,

or where it can shown clearly and demonstrably that markedly decreased levels of criminal injury or criminal damage to life or property are probable to occur if specified general firearms restrictions are put in place,

and where it can be shown conclusively that specific restrictions directly and of themselves are in fact capable of preventing, or do in fact prevent, the incidence of criminal misuse of firearms consistent with the definition of a criminal or criminal act as set forth in this declaration,

then we recognize the authority of the Parliament of Canada to impose limited general restrictions or requirements on the rights of Canadians to store, transport and use firearms to an extent and in a manner justified by and consistent with the articles of this declaration; except

where it can be established that the relevant reductions in criminal misuse of firearms have not occurred to a significant degree, or that specific firearms restrictions otherwise have not achieved or do not achieve or are not capable to achieve the intended benefit to the peace and security of Canadians; in which case the applicable firearms laws or regulations shall be deemed unfairly and unjustifiably to restrict the firearms rights of Canadians.

THE HUNTING RIGHTS OF CANADIANS

APPLICATION OF HUNTING RIGHTS

In recognition of the supremacy of conservation law when such law is based on scientific principles and knowledge and the application of sound game management, habitat preservation and wildlife development practices;

and in recognition that the wildlife of Canada is the inheritance of all the people of Canada and does not belong to any government, organization, or landowner;

and in recognition of the obligation of the people of Canada to live a natural life in harmony with the natural world, consistent with our traditions and culture;

we declare these to be the hunting rights of all Canadians:

STATEMENT OF HUNTING RIGHTS

Subject to the Application of Hunting Rights, and without prejudice by the laws of Canada or by the Constitution of Canada, or by any other statute, power or authority, we hereby declare the following to be the inherent hunting rights of the free people of Canada, except as provided in the Statement of Limitations to Hunting Rights;

It is the right of all Canadian hunters to share equitably in the bounty of Canada's wildlife resources.

It is the right of bona fide subsistence hunters to take game sufficient to provide for themselves and their dependants, at any time of the year, according to the natural and traditional laws of conservation.

It is the right of bona fide supplemental hunters as residents of the remote communities in which they live, to receive special consideration in the allocation of wildlife resources on which they may be greatly dependent.

It is the right of Canadian sport hunters who provide the bulk of funding and support to wildlife conservation and development, to receive a share of wildlife resources commensurate to their needs and in recognition of the essential and sustaining contribution they provide for the benefit of all wildlife and all Canadians.

It is the right of hunters to pursue in a responsible and safe manner their legal quarry using a suitable weapon of their choice, on public lands and on private properties; except when and where the presence of hunters is shown to damage property or is likely to damage property, or where the presence of hunters would present or is likely to present a hazard to other persons or livestock.

STATEMENT OF LIMITATIONS TO HUNTING RIGHTS

We recognize that the overriding imperative is to sustain large and healthy game populations in Canada through sound conservation practices.

We recognize that the hunting rights of sport, supplemental and subsistence hunters are subordinate to conservation law and regulations; except

where it can be shown that the applicable laws and regulations do not take into account in a fair and balanced manner the rights of all Canadian hunters as set forth in this declaration; or

in areas where game is shown to be plentiful; and


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