Here's the schedule for the OIC legal battle in coming months

Zac Kurylyk in , , on September 23, 2021

The federal election is over and the Liberals retain their control of Parliament. With no major changes in government, shooters and collectors affected by the sweeping Order in Council bans are now returning to court, to decide the future of their firearms.

This week, lawyers representing the Department of Justice and lawyers representing firearms owners met with the court to determine the timeline of the legal battle, with some bad news for firearms owners. Ryan Phillips of JSS Barristers asked the court to pre-book another injunction application due to the amnesty expiring prior to the court schedule and the court agreed.

Currently, firearms owners affected by the OIC ban have an amnesty in place until May 1, 2022. At that date, they are to either surrender their firearms to authorities, or have them permanently disabled. However, the current timeline sees the decision likely not coming before late summer or early fall of 2022. Below, see the schedule that the Canadian Coalition for Firearms Rights posted to its website:

The Court ordered the following deadlines to get the case to a hearing:

  1. CCFR and other Applicant’s file and serve all remaining Affidavits by October 1, 2021
  2. All Respondents’ Affidavits to be filed and served by December 10, 2021
  3. Next Case Management Conference in early December
  4. Cross-examination on all Affidavits by January 21, 2022
  5. All Applicants’ Motion Records all filed by February 21, 2022
  6. All Respondents’ Motion Records by April 1, 2022
  7. All Affidavits in reply to Intervenors’ Applications by April 8, 2022
  8. Motion #2 for interim injunction on Monday, April 11, 2022 at 9:30 am
  9. Cross-examination on all Affidavits in the Intervenors’ Applications (for and against) by April 22, 2022
  10. Motion Records for Intervenors’ Applications by April 29, 2022
  11. Reply Record for Intervenors’ Applications by May 4, 2022
  12. Decision on the Intervenors’ Application – After May 4 (To Be Determined)
  13. Intervenors’ Memorandum of Fact and Law 3 weeks after decision (for those allowed to participate)
  14. Applicants and Respondents (all) may file Written Replies to the Intervenors’ Memoranda of Fact and Law 2 weeks after receipt
  15. TBD: Requisition hearing dates - after above
  16. TBD: 5 day hearing – Likely late summer or fall 2022

So, impacted firearms owners will be required to surrender their guns before the court case is even over, unless there is an extension to the May 1 amnesty, or the lawyers representing their interests get a temporary injunction on April 11.

That motion for a temporary injunction is very close to the May 1 deadline, though, which will no doubt create problems for firearms owners who are trying to decide the best course of action in face of legal trouble.

Well-known firearms lawyer Ed Burlew is representing John Hipwell of Wolverine Supplies in this battle (it's not just the CCFR fighting in court). Here's what Burlew posted on the CanadianGunNutz forum, about the temporary injunction application:

"This will be the most important motion for the 100,000 plus licensed gun owners. This motion will determine of they are arrested and jailed on May 1 ,2022. Read that again.

Now is the time to stand together. All licensed firearms owners have to stand together. Forget that your gun is not affected by this OIC. Many of the owners of the banned guns have their non restricted guns not affected by the OIC. Yet they are at risk of Jail.

This next Injunction to Extend the Amnesty is of High Importance. It will be a serious legal battle.

Your support is needed now. This means commitment by you and you motivating your club to help . Every one who owns a gun banned by the OIC is a member of a club with a range. Now those clubs an members need to stand up and commit to contribute. The organizations with members who compete with the OIC banned guns need to commit.

In this new legal battle Team Hipwell will be adding more lawyers, law professors, retired judges . But only if we have the funds to pay them for their help.

Ryan Phillips of JSS Barristers, asked the court to pre-book another injunction application due to the amnesty expiring prior to the court schedule and the court agreed.

In other words: It's going to take more money to fight the Department of Justice in court, if firearms owners want to hire experts to help them out. Donations are no guarantee of victory, but lack of funding will cripple this effort. With that in mind, here's the link to the Hipwell legal challenge's GoFundMe page. As per the team's posting on CGN, there are also three other ways to donate:

"To donate by EMT for the Judicial Review Challenge please send to Pat@wolverinesupplies.com. This requires a password.

To donate by EMT Auto deposit, for the Judicial Review Challenge please send to JohnandPat@wolverinesupplies.com

To donate by MO or cheque please make out to “John Hipwell Judicial Review Challenge and mail to Box 2643, Virden, MB, R0M 2C0
"

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