Treatise on Canadian Right to bear Arms.

The Right to Bear Arms--A Canadian Thing?

First of all, let it be accepted that most Canadian law has its roots in the British Legal system--Quebec excepted.

Secondly, let it be noted that the Canadian constitution explicitly states that the constitution recognizes in sec 26, "The guarantee in this Charter of certain rights and freedoms shall not be construed as to denying the existence of any other rights and freedoms that exist in Canada."  It simply limits the constitution's purview, and explicitly states it shall not usurp other rights and freedoms just because it doesn't mention them.

3)It is possible then that Canadians have rights and freedoms not identified in the Charter.

4)How are we to know about such rights?  Firstly because of legal precedent--both in terms of earlier laws, and subsequent judgments.  The Constitution and Bill of Rights did not toss out all legal precedent. Rather it is deemed that the Laws, Rights and Freedoms that existed before the charter existed after.

5) Where is the precedent?  It stretches back to 1688 under article VII of the English Bill of Rights.  The same sort of root of law we look to in our own Bill of Rights.  This was in effect in Canada for so long as it was under British rule.
Legal decisions both before and after the BNA act of 1867 looked to this document as a fundamental to law.  Additionally, all British legal precedent weighed in on Canadian legal decisions.

6)The exact quote is: "That the subjects which are protestant may have arms for their defence, suitable to their conditions, and as allowed by law"

7)Following this there are centuries of precedent, Blackstone's Commentaries in the 18th century for example, included the right to bear arms as one of the five most fundamental rights.

8) Bill C68 that gave rise to the registry, violates fundamental rights on far more levels that quoted herein.

The Canadian Charter states Section 8: "Everyone has the right to be secure against unreasonable search and seizure."

In every other case, Canadians who do not register a gun have this right. Once you register, you lose it.

You lose it because instead of getting a warrant the rests on reasonable proof at the hand of a judge, your home can be invaded if an inspector believes (suspects) you have a gun in the home.

Ironically, unregistered gun owners are still protected by the Charter sec. 8.