Mr. Speaker, the issue appears to stem from an interpretation of section 116 of the Criminal Code.
Through orders in council adopted pursuant to section 84 of the code, firearms may become prohibited or restricted.
It seems that in one case with which I am familiar, the case of Simmermon decided by the Alberta Court of Queen's Bench, it was ruled that these orders in council must be subjected to the procedure provided by section 116(2) of the code.
According to the section regulations made pursuant to section 116(1) must be laid before each House of Parliament at least 30 sitting days before they are to become effective so that public hearings may be conducted. It appears that the court felt that orders in council made under the authority of section 84 of the Criminal Code are also regulations adopted pursuant to section 116(1).
I understand that it is the view of the Attorney General of Alberta that this is not the appropriate interpretation and that an appeal of that Alberta Queen's Bench decision has been launched.
I was pleased to note that the Minister of Justice in his reply to the hon. member observed quite correctly in my view that orders in council made under the provisions of section 84(1) of the Criminal Code do not fall within the ambit of section 116 of the code.
The minister made his position quite clear: "Although there is a judicial decision of the trial court which holds that it is necessary even under section 84 to lay the regulations before the House, that decision is under appeal to the appellate division of the court in Alberta. We have every confidence the judgment was wrong in that respect and that we will succeed in the appeal".
Given the case is before the courts it would obviously be inappropriate to comment further other than to reaffirm our confidence that the court of appeal will rule that the making of orders in council pursuant to section 84 of the Criminal Code is not governed by the regulation making power of section 116 of the code.