Supreme Court of Canada hears arguments on federal firearms ban

The Supreme Court of Canada began hearing legal arguments Monday on the validity of a federal ban on hundreds of types of firearms. The two-day hearing continues Tuesday.

The case before the court

The cases ask whether the federal cabinet acted within the authority Parliament gave it under the Criminal Code when it used regulations to reclassify the firearms as prohibited. The court lists four matters: Christine Generoux et al. v. Attorney General of Canada, Canadian Coalition for Firearm Rights et al. v. Attorney General of Canada, Michael John Doherty et al. v. Attorney General of Canada, and Jennifer Eichenberg et al. v. Attorney General of Canada.

In May 2020, the government prohibited the use, sale and importation of 1,500 firearm models and variants, including the AR-15 and Ruger Mini-14. The list of guns banned by the Liberal government has grown to more than 2,500 varieties of what it calls assault-style firearms.

A Federal Court judge dismissed the challenges in October 2023. The Federal Court of Appeal upheld that result in April 2025, describing the lower court's reasons as legally sound. The Supreme Court granted leave to appeal in March 2026.

Positions of the parties

Ottawa maintains that the prohibited firearms were reasonably judged unsuitable for hunting or sport and that cabinet acted under powers granted by Parliament. In a written submission to the Supreme Court, federal lawyers say the Governor in Council's exercise of its broad discretion was reasonable and justified by the serious public safety concerns these firearms present.

A group of appellants that includes the Canadian Coalition for Firearm Rights says neither the Federal Court nor the Federal Court of Appeal considered whether the newly prohibited items were actually used for hunting or sport shooting. Their submission states that the ban concerns "the profound disruption of the lives of ordinary, law-abiding Canadians. Hunters, sport shooters, collectors and small businesses, individuals who complied with every requirement imposed by Parliament, found themselves overnight in possession of prohibited property, deprived of its lawful use and exposed to the prospect of criminal liability."

Amnesty and interveners

The RCMP says the related amnesty orders are now set to expire 90 days after the Supreme Court releases its decision in these appeals. The amnesty protects affected owners from criminal liability in specified circumstances while the legal process continues; it does not restore ordinary use or sales.

Several groups have been permitted to intervene, including the Canadian Coalition for Gun Control, the British Columbia Civil Liberties Association, the Canadian Constitution Foundation, shooting-sport organizations and provincial attorneys general. Interveners may address legal principles but do not become parties to the underlying dispute.

A ruling is not expected at the end of the hearing, and the court has not announced a decision date. Until judgment is released, the lower-court decisions remain in place.

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Sources

• globalnews.ca: Supreme Court of Canada begins to hear arguments on feds firearms ban - National | Globalnews.ca
• netnewsledger.com: NetNewsLedger - Canada - Supreme Court begins two-day hearing on federal assault-style firearms ban

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