Opinion of The Court
The unanimous Court held that the pith and substance of the Act was in relation to "public safety" which was a matter within the criminal law power of the federal government. The Court cited the Margarine Reference for the requirements of criminal law and noted the danger of firearms, even if in some cases they could be used beneficially. Indeed, the regulations were judged to promote responsible firearm ownership, and the Court went on to argue that there would be a moral danger if firearms are used irresponsibly (morality is an element in criminal law, as established in the Margarine Reference), although the Court said that it was not just a matter of morality that gave Parliament the authority to pass this legislation.
The Court also noted that firearms have been subject to federal regulation for years and that the government of Alberta could not reasonably challenge many of the earlier laws.
Finally, the Court rejected all arguments that the law was too expensive or disadvantageous to rural regions, as these were matters for Parliament to consider rather than legal issues liable to judicial review.
Read more about this topic: Reference Re Firearms Act
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