Cdn-Firearms Digest Friday, March 21 2008 Volume 11 : Number 288 In this issue: Non possession of firearms may equal prohibition " ...Liberal values ...." TRACKING-THE-BAD-GUYS BILL - DRAFT #1 RE: Bruce Montague gets 18 months for firearms offences RE: Montague sentencing RE: TRACKING-THE-BAD-GUYS BILL - DRAFT #1 Globe and Mail ... CarbonShop.ca OPP identification crisis No honest man Re: What now that we know Bruce Montague Ref. of Chapter 39, Bill C-68, the Firearms Act of 1995 to SCC It has been covered . . Firearms and weapons + (CCRA) ---------------------------------------------------------------------- Date: Thu, 20 Mar 2008 11:09:47 -0500 From: Lee Jasper Subject: Non possession of firearms may equal prohibition The courts do not have to explicitly indicate that a gun owner has been 'prohibited' for a prohibition order to be so directed. R. v. Karson, 2008 CanLII 10530 (ON S.C.) Date: 2008-03-17 Docket: SC 125/06 > http://www.canlii.org/en/on/onsc/doc/2008/2008canlii10530/2008canlii10530.html ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: Her Majesty the Queen; E. Carrington, Esq., counsel for the Respondent - - and - Karl Karson; E. Burlew, Esq., counsel for the Appellant HEARD: February 8, 2008 The appellant contends that, unbeknownst to him at the time he agreed to [a s. 810] order, both the Chief Firearms Officer for the Province of Ontario and his federal counterpart, the Registrar of Firearms, [“the authorities”] interpret any order by means of which a person is forbidden to possess firearms as a prohibition order, as defined by s. 84 of the Criminal Code, thereby engaging, by operation of law, both the forfeiture provisions of s. 115 of the Code and the licence revocation provisions of s. 116. I use the word “contends” advisedly, because, as I will discuss later in these reasons, as distinct from the submissions of counsel, there is no actual evidence before the court as to the position taken by the authorities. The appellant takes the position that Wolski J.’s order did not amount to a prohibition order and the authorities are wrong to interpret it as such. Hence, the appellant submits that the court should allow the appeal and order the authorities to return his weapons to him and to reinstate or update his “registrations”[1]. Judge tosses most of the arguments, directs appellant back into the CFSC process to re-qualify for ownership and advises him to seek other means of legal redress for the return of his firearms. ------------------------------ Date: Thu, 20 Mar 2008 09:32:35 -0700 From: "Todd Birch" Subject: " ...Liberal values ...." Vancouver Quadra Liberal elect MP Joyce Murray actually used the hackneyed phrase "...Liberal values ..." in her acceptance speech. Of course, that did not include actually defining those values - you are presumed to know what those are if you're a Liberal supporter and the rest of us are too unrefined to comprehend what they might be. Another professional politician lined up at the trough, ready to do her Liberal 'trained seal' act of applauding any and all Liberal initiatives and voting en bloc as the party whip dictates. Pathetic, that we think we are well governed by this process. It's the system, stupid. TB ------------------------------ Date: Thu, March 20, 2008 11:32 am From: "Breitkreuz, Garry - Assistant 2" Subject: TRACKING-THE-BAD-GUYS BILL - DRAFT #1 LIBRARY OF PARLIAMENT ANALYSIS OF GARRY'S TRACKING-THE-BAD-GUYS BILL The draft bill would amend the Firearms Act( ) to require persons prohibited by court order from possessing firearms, and other individuals who are ineligible to have a firearms licence for reasons of public safety, to report any change of address within 30 days. It would also amend the Act to permit inspections of the residences of such individuals, to ensure that they are not in possession of firearms. Finally, the bill would require any person whose name is entered in a database used for screening individuals with respect to firearms licences to be notified. http://www.garrybreitkreuz.com/publications/2008/888.doc BIBLIOTHÈQUE DU PARLEMENT: NOTES SUR UN AVANT-PROJET DE LOI ÉMANANT D'UN DÉPUTÉ POUR MODIFIER LA LOI SUR LES ARMES À FEU (PERSONNE NON ADMISSIBLE UN PERMIS) L'avant-projet de loi modifierait la Loi sur les armes à feu( ) pour exiger que les personnes à qui un tribunal interdit de posséder des armes à feu et que les autres personnes qui ne sont pas admissibles à l'obtention d'un permis d'armes à feu pour des motifs de sécurité publique signalent tout changement d'adresse dans un délai de 30 jours. L'avant-projet de loi modifierait également la loi pour autoriser l'inspection de la résidence de telles personnes afin de s'assurer qu'elles ne possèdent pas d'armes à feu. Enfin, le projet de loi stipulerait que toute personne dont le nom est entré dans une base de données visant à empêcher des personnes d'obtenir un permis d'armes à feu soit avisée. http://www.garrybreitkreuz.com/publications/2008/887.doc ------------------------------ Date: Thu, 20 Mar 2008 11:13:59 -0700 From: "Clive Edwards" <45clive@telus.net> Subject: RE: Bruce Montague gets 18 months for firearms offences The victim here is the unyielding, agenda driven social engineering state. Bruce and his family thrust a flaming stick into the Cyclops' eye and it reacted with rage. The continued existence of the Montague family exposes the lie upon which the Firearms Act is based. The seventy or eighty percent of gun owners who chose not to be in the system must be reassured of their decision now. Since they will never bring themselves into compliance it is up to the state to admit the error of the Firearms Act and bring the state into compliance with reality. Clive >10X wrote: >Jail time for offences where there are ZERO victims??? >No one was threatened, no one was injured, no one was killed. >There was no theft, there was no fraud. >In short there was no victim ------------------------------ Date: Thu, 20 Mar 2008 10:58:31 -0700 From: "Clive Edwards" <45clive@telus.net> Subject: RE: Montague sentencing It IS a "clean" case, Dr. Mike. Even suppressors (mandatory in some European countries because of "noise pollution") and full auto (grandfathered in Canada and available to all in the USA upon payment of a $200 transfer fee) are paper crimes in Canada. Montague did not shoot anyone illegally, although if he had that would have been covered under a myriad of other laws on the books since the Magna Carta. Let us not fall under the divide and conquer tactics used against us, "you may kiss our royal ass and have your wood gun for now, but those (black, pink, small barreled, semi-auto, full auto, ninja throwing stars, nunchuks, etc) are so evil we will burn you at the stake for the thought crimes involved in wanting one". Clive >There may very well be a moral and ethical reason to disobey. >I just wish this were a "clean" case i.e. without the fully auto, >suppressors, etc. >-- >M.J. Ackermann, MD (Mike) ------------------------------ Date: Thu, 20 Mar 2008 11:57:59 -0700 From: "Clive Edwards" <45clive@telus.net> Subject: RE: TRACKING-THE-BAD-GUYS BILL - DRAFT #1 I cannot support any further firearms related legislation. It is evident that whatever good intentions such laws are used to oppress the "good guys". We have more than enough laws on the books to deal with "bad guys". Clive Edwards - -----Original Message----- From: owner-cdn-firearms@sfn.saskatoon.sk.ca [mailto:owner-cdn-firearms@sfn.saskatoon.sk.ca] On Behalf Of Breitkreuz, Garry - Assistant 2 Sent: Sunday, January 20, 2008 3:32 AM To: cdn-firearms@sfn.saskatoon.sk.ca Subject: TRACKING-THE-BAD-GUYS BILL - DRAFT #1 LIBRARY OF PARLIAMENT ANALYSIS OF GARRY'S TRACKING-THE-BAD-GUYS BILL The draft bill would amend the Firearms Act( ) to require persons prohibited by court order from possessing firearms, and other individuals who are ineligible to have a firearms licence for reasons of public safety, to report any change of address within 30 days. It would also amend the Act to permit inspections of the residences of such individuals, to ensure that they are not in possession of firearms. Finally, the bill would require any person whose name is entered in a database used for screening individuals with respect to firearms licences to be notified. http://www.garrybreitkreuz.com/publications/2008/888.doc ------------------------------ Date: Thu, 20 Mar 2008 15:12:08 -0400 (EDT) From: Rob Sciuk Subject: Globe and Mail ... http://www.theglobeandmail.com/servlet/story/LAC.20080320.COLETTS20-11/TPStory/Opinion/letters ------------------------------ Date: Thu, 20 Mar 2008 17:06:59 -0400 (EDT) From: Rob Sciuk Subject: CarbonShop.ca As an FYI to the digest, owing to (popular?) demand, I've finally launched a blog site. Originally designed to wrest PayPal coin from the gullible for Carbon Credits, I didn't follow through, but will be turning the site into a site dedicated to: "Debunking global crisis theories based upon junk science and political rhetoric, and active resistance to the reduction of our nation to a Kafaka-esque idiocracy by spineless and brainless politicians." http://www.CarbonShop.ca As you might expect, it will be a "firearm friendly" place, and I encourage both comments and input ... Not much there yet (my last 2 published letters), oh, and a poll: "Are the McGuinty Liberals justified in blaming responsible target shooters for street violence?" Forgive me if things are a little rocky to start, I'm just coming up to speed with Drupal, and so far, so good. You don't have to create an account to vote (or let me know and I'll fix it). Ok, I'm off to set up an IPSC match. Cheers, Rob. ------------------------------ Date: Thu, 20 Mar 2008 16:14:45 -0500 From: Lee Jasper Subject: OPP identification crisis Police shoot 'cow' dead following chase Subtitled: The running of the bulls in Mississauga. > http://network.nationalpost.com/np/blogs/toronto/archive/2008/03/20/poli ce-shoot-cow-dead-following-chase.aspx “We were following this 'cow' that was running in the main streets of the subdivision and all of a sudden it turned and started charging at the officer,” said Ontario Provincial Police Const. Dave Woodford. “We were following him to see where he was going and he turned and started going head-on at one of the officers,” said Woodford. “We had no choice but to open fire. The officer who was being pursued fired more than a *dozen* bullets at the animal, Woodford said. Woodford added that police were unprepared for this type of encounter, and therefore did not have a tranquillizer gun to use as an alternative to live bullets. (No 12 Ga riot guns or 'assault' rifles)? [I guess they didn't check the 'cow' registry before they engaged. Heyyyyyy guys, the GREEN tag in the ear. I'd bet it was a steer]. I'd bet that Cam Woolley, the 'face' of the OPP, has heard the old tale about 2-lookers, 2-crookers, 4-stiff standers, 4-diddle dander and a wig wag! Funny that it wasn't mentioned that the cops had an 'arsenal' of 'automatic' machine guns. I sure hope these lads bled and gutted what looks like prime beef for the abattoir. ------------------------------ Date: Thu, 20 Mar 2008 18:06:02 -0400 From: Subject: No honest man No honest man needs permission or a license to own or have what he has here3ot fore possessed or owned for decades. Along comes the liberal bastards and we get C-68 which has taken good honest people, and turned them into criminals..paper criminals. People who have had firearms for decades, and were never a problem. Now one of our own is going to jail because his crimes were not having papers. The full weight of the boot of the state has been placed on his neck and pressed down hard. The firearms conversions and supporessor. Minor, as they were not for sale or use by any other person. Now we all know what will happen if you do not have the papers that our government (today the conservatives) and tommorrow perhaps Green or NDP or yet again those damed Liberal bastards. Well .. what do we do now. rolling over is even more distastefulnow that Bruces case is over except for the appeal. Beggint the government to be able to keep my firearms is repugnant, as no hionest man should have a overseer who he must beg to keep, his possessions regardless of what they are. If ther were over 200 guns seized from Bruce, the crown will go for a forefeiture order. It must be challenged so that the crown cannot strip Bruce of his assets that could be sold. While they can enforce the laws, stealing a mans property just to destroy itm is wrong. As for the Judge in this case. must be a case of rectalitis...... thats when the optic nerve is attached to the asshole... gives you a shitty outlook on life. ------------------------------ Date: Thu, 20 Mar 2008 16:21:18 -0600 From: Edward Hudson Subject: Re: What now that we know On 2008 Mar 19, at 2:04 PM, ross.j@rogers.com wrote: > > Wright responded saying the only moral grounds for civil disobedience > are from those foreclosed from the political system. Those who can, > must use the avenues within the system to invoke change, he said. > =93There is no legal justification for disobeying the law,=94 Wright = said. > =93If you disobey, as the kids say, =91you do the crime, you pay the > time.=92=94 > > > WHAT NOW that we know that the system and the politicians are not and > will > not listen? =46rom my perspective we have been "foreclosed from the political system." Witness, as only one example, Al Muir's statement about the Conservatives' response to Bill Casey and the Atlantic Accord. This is not "Peace, Order, and Good Government." Two out of three is not acceptable. The point of peaceful civil non-compliance to an unjust law is to impress upon the so-called leaders of the country the advantages and benefits of listening to our position and then changing their minds. So far the Government, first the Liberals and now the Conservatives, have only pretended to listen, or as some would say, lied to us, or as others would say, only told us what we wanted to hear. Now the Government has put Bruce Montague in prison. What do we do? We keep pressing our point: We will NOT submit. We will NOT surrender our Right to 'Armes for their Defense.' We will NOT apply for a licence. Perhaps Mr. Harper will recognized commitment and tenacity when he encounters it. Perhaps Mr. Harper will begin to realize the advantages of listening. Sincerely, Eduardo ------------------------------ Date: Thu, 20 Mar 2008 20:03:52 -0400 From: Yvon Dionne Subject: Bruce Montague I will continue to support Bruce Montague. He is only a paper criminal. The judge's decision is not without gaps. For instance, he says we are allowed to protest but that we should obey laws. To what extent should we obey laws? There are many assumptions under Judge's Wright statement. First, that legislators are elected and say they represent the public good. So says any government. But what is the so-called public good? To me, it is acting without doing any harm to others (unless under self-defense). But the firearms legislation is a confiscatory law, with no net benefits. Second, what is the cost of protesting, of going through the judiciary system? Bruce Montague had already paid a lot. No mention about that in the judge's statement. This justice system is a farce. And the last resort is the Trudeau constitution, with no property rights and where our freedom depends on the will of the government. Third, to what extent must we obey laws? What do the judge think about the events in Caledonia? Does he agree with his liberal government? Another example: governments are already killing people through their health care system. People are also being killed because they cannot defend themselves. The firearms's controllers are harassing law-abiding people with their bureaucracy, but they always need more funding to control street gangs. And we have MP's and judges who don't care at all. In summary, there is not much difference between our situation and dictatorships: we are just allowed to protest... See paragraph 34 of the judge's sentencing statement. It tells what we know already about the real intent behing the firearms legislation: to have firearm owners (except the real criminals) shrink to almost nil after a couple of generations. Yvon Dionne ------------------------------ Date: Thu, 20 Mar 2008 19:46:27 -0600 From: Joe Gingrich Subject: Ref. of Chapter 39, Bill C-68, the Firearms Act of 1995 to SCC Perhaps it is time federal govt. is asked to refer Chapter 39, Bill C-68, the Firearms Act of 1995 to the Supreme Court of Canada for obvious civil rights abuse violations as a reference case. The Conservatives would be delighted to do this, don't you think? Please write your MP's today. Martin and his Lieberals were happy to do this for same sex marriages, remember? Yours in Tyranny, Joe Gingrich White Fox ------------------------------ Date: Thu, 20 Mar 2008 18:53:50 -0700 From: Len Miller Subject: It has been covered . . Cc: Wally Craig Gerrold wrote: Jail time for offences where there are ZERO victims??? No one was threatened, no one was injured, no one was killed. There was no theft, there was no fraud. In short there was no victim . . - ------------------------------------------------------ Bruce Mills, long ago correctly predicted . . . offences which were sure to flow from the lying to parliament . . and pass the greatest loss of freedom, it has been our misfortune to witness . . were errors of omission . . For NOT doing anything, he said. I CONCUR WITH 10X when he says no one was adversely affected. No lives lost, no threats to his neighbours, not a nickel cost to his country . . - --------------------------------------------------- To actually commit crime, such as murder, theft, and the like were crimes of commission. And for that? the charges are reduced, sometimes 3 times the penalty, close to what Bruce got . . We have slipped over the edge, and are plunging into legal driven anarchy. Betrayal of the trust, these 'honourable gentlemen' demand . . Third world . . Don't like it? They 'will stare you down' . . To all surviving veterans . . doesn't it make you proud to have allowed this? Can't get the gang bangers ? You can always go after the innocents . . Something which they said would never happen with Bruce locked up, I am sure his community breathes a sigh of relief . . From Vancouver where yet another senior, this time 91 years home invaded and punched into submission . . Thank you judges . . . ------------------------------ Date: Fri, 21 Mar 2008 09:09:29 -0400 From: "mred" Subject: Firearms and weapons + (CCRA) Restrictions Importation of the following goods into Canada is restricted. Make sure you have the information you require before attempting to import these items into Canada. Firearms and weapons Canada's firearms legislation helps make the country safer for both residents and visitors. Before you attempt to import a firearm or weapon, contact the Canada Firearms Centre for information. The following requirements apply to the importation of firearms and weapons: a.. you must be at least 18 years of age; b.. you can import non-restricted and restricted firearms provided all documentation and other requirements are met; and c.. you generally cannot import prohibited firearms or any type of prohibited weapons or devices, including silencers, replica firearms, switchblades, pepper spray and other weapons. You must declare all weapons and firearms at the CBSA port of entry. If not, you could face prosecution and the goods may be seized. For more detailed information on importing a firearm into Canada, please refer to the publication called Importing a Firearm or Weapon Into Canada or call BIS at one of the telephone numbers listed in the section called "Additional information." For information about applying for a Canadian firearms licence or to obtain an application for an Authorization to Transport Restricted Firearms and Prohibited Firearms (Form CAFC 679) in advance, please contact the Canada Firearms Centre: Canada Firearms Centre Ottawa ON K1A 1M6 Telephone: 1-800-731-4000 toll-free in Canada and the United States) 506-624-5380 (from all other countries) Fax: 613-957-7325 E-mail: cfc-cafc@cfc-cafc gc.ca Web site: www.cfc-cafc.gc.ca Explosives, fireworks and ammunition You require written authorization and permits to bring explosives, fireworks and certain types of ammunition into Canada. For more information, contact Natural Resources Canada: Explosives Regulatory Division Natural Resources Canada 1431 Merivale Road Ottawa ON K1A 0G1 Telephone: 613-948-5200 Web site: www.nrcan.gc.ca Vehicles Food products Canada has complex requirements, restrictions and limits on the importation of meat, eggs, dairy products, honey, fresh fruits and vegetables and other food from around the world. For example, root crops may be regulated and potatoes are prohibited. You can avoid problems by not bringing these kinds of goods into Canada. You can import certain meat and dairy products from certain states in the United States. Before entering Canada with these products, contact BIS at one of the telephone numbers listed in the section called "Additional information," or refer to the Automated Import Reference System (AIRS) on the CFIA Web site at; www.inspection.gc.ca The CFIA and Foreign Affairs and International Trade Canada have set limits on the quantity and/or dollar value of certain food products you can bring into Canada duty-free or that you can include in your personal exemption. Unless you have an import permit from Foreign Affairs and International Trade Canada for quantities over and above the established limits, you will have to pay duty based on a rate ranging from 150% to 300% of the value of the goods. The following are some examples of the limits that apply to personal importations of food products from the United States: a.. 2 dozen eggs; b.. 20 kilograms of dairy products not exceeding $20 in value (e.g. cheese and butter); c.. 3 kilograms of margarine or butter substitutes; and d.. 20 kilograms of edible meats and meat products, including turkey and chicken. Within this limit, more CFIA and Foreign Affairs and International Trade Canada restrictions apply as follows: a.. a maximum of one whole turkey or 10 kilograms of turkey products; b.. a maximum of 10 kilograms of chicken; and c.. a maximum of 5 kilograms of edible meats and meat products from cattle, sheep, goat, bison and buffalo. Note All meat and meat products have to be identified as products of the United States. Your Personal exemptions When you return to Canada, you may qualify for a personal exemption. This personal exemption allows you to bring goods of a certain value into the country without paying the regular duties except for a minimum duty that may apply to some tobacco products. The term duties can include excise taxes and GST/HST. It does not include provincial or territorial sales tax. However, the CBSA has working agreements with some provinces and territories that allow us to collect provincial and territorial taxes, levies and fees on goods that have a value higher than your personal exemption. If you reside in one of the provinces or territories that has a working agreement with the CBSA and you return to Canada at a port of entry in your province or territory of residence, the goods that you import in excess of your personal exemption will be subject to the provincial/territorial assessment. If you bring in more than the free allowance of alcohol, you will have to pay the provincial/territorial assessment for the province or territory where you enter Canada, even if it is not your rovince/territory of residence. The Government of Canada has agreements with New Brunswick, Nova Scotia and Newfoundland and Labrador to collect HST at a rate of 14%. If you live in a participating province and the value of the non-commercial goods you import is more than your personal exemption, you have to pay HST instead of GST, regardless of where you enter Canada. Except for restricted items, you can bring back any amount of goods as long as you are willing to pay the duties and any provincial/territorial assessments that apply. This rule applies even if you do not qualify for a personal exemption. You must always report the amount you are claiming for your personal exemption in Canadian dollars. You must therefore convert foreign currency values and any foreign sales taxes you paid to Canadian dollars at the appropriate rate of exchange. What are your personal exemptions? After each absence of 24 hours or more; You can claim up to CAN$50 worth of goods without paying any duties. This is your personal exemption. You must have the goods with you when you arrive and you cannot include tobacco products or alcoholic beverages in this exemption. If the goods you bring in are worth more than CAN$50 in total, you cannot claim this exemption. Instead you have to pay full duties on all goods you bring in. After each absence of 48 hours or more; You can claim up to CAN$400 worth of goods without paying any duties. You must have the goods with you when you arrive. Although you can include some tobacco products and alcoholic beverages, a partial exemption may apply to cigarettes, tobacco products or manufactured tobacco. See the section called "Alcohol and tobacco" for more details. After each absence of 7 days or more; You can claim up to CAN$750 worth of goods without paying any duties. Although you can include some tobacco products and alcoholic beverages, a partial exemption may apply to cigarettes, tobacco products or manufactured tobacco. See the section called "Alcohol and tobacco" for more details. With the exception of tobacco products and alcoholic beverages, you do not need to have the goods with you when you arrive. To calculate the number of days you have been absent, do not include the date you left Canada but include the date you returned. Dates matter, not times. For example, we consider you to have been absent seven days if you left Friday the 7th and returned Friday the 14th. Who is eligible for these exemptions? You are eligible for a personal exemption if you are one of the following: a.. a Canadian resident returning from a trip outside Canada; b.. a former resident of Canada returning to live in this country; or c.. a temporary resident of Canada returning from a trip outside Canada. Even young children and infants are entitled to a personal exemption. As a parent or guardian, you can make a declaration to the CBSA for a child as long as the goods you are declaring are for the child's use. Do you spend part of the year outside Canada? If you spend part of the year in another country for health reasons or pleasure, that country usually considers you to be a visitor. As such, you are still considered a resident of Canada by the CBSA. This means you are entitled to the same exemptions as other Canadians. When you import foreign goods or vehicles for your personal use in Canada (even temporarily), you have to meet all the import requirements and pay all the applicable duties and taxes. What conditions apply to your personal exemptions? You cannot combine your personal exemptions with another person's or transfer them to someone else. In addition, you cannot combine your 48-hour exemption (CAN$400) with your 7-day exemption (CAN$750) for a total exemption of CAN$1150. In general, the goods you include in your personal exemption must be for your personal or household use. Such goods include souvenirs that you purchased, gifts that you received from friends or relatives living outside Canada or prizes that you may have won. Goods you bring in for commercial use or for another person do not qualify for the exemption and are subject to full duties. In all cases, goods you include in your 24-hour exemption (CAN$50) or 48-hour exemption (CAN$400) have to be with you on your arrival in Canada. Except for tobacco and alcohol, goods you claim in your 7-day exemption (CAN$750) may be shipped to your home by mail, courier or other means of transportation. Alcohol and tobacco If you meet the minimum age requirements of the province or territory where you enter Canada, you can include limited quantities of alcoholic beverages in your personal exemption. These items must accompany you on your arrival. Minimum ages for the importation of alcoholic beverages, as prescribed by provincial or territorial authority, are as follows: a.. 18 years for Alberta, Manitoba and Quebec; and b.. 19 years for Yukon, the Northwest Territories, Nunavut, British Columbia, Saskatchewan, Ontario, Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador. Alcoholic beverages You are allowed to import only one of the following amounts of alcohol free of duty and taxes: a.. 1.5 litres (53 imperial ounces) of wine; b.. 1.14 litres (40 ounces) of liquor; c.. a total of 1.14 litres (40 ounces) of wine and liquor; or d.. 24 x 355 millilitre (12 ounces) cans or bottles (maximum of 8.5 litres) of beer or ale. Note We classify "cooler" products according to the alcoholic beverage they contain. For example, beer coolers are considered to be beer, wine coolers are considered to be wine. We do not consider beer and wine products not exceeding 0.5% alcohol by volume to be alcoholic beverages. You can bring in more than the free allowance of alcohol except in Nunavut and the Northwest Territories. However, the quantities must be within the limit set by the province or territory where you will enter Canada. If the value of the goods is more than the free allowance, you will have to pay both customs and provincial/territorial assessments. For more information, check with the appropriate provincial or territorial liquor control authority before your arrival back to Canada. Tobacco products You are allowed to bring in all of the following amounts of tobacco into Canada without paying duty: a.. 200 cigarettes; b.. 50 cigars or cigarillos; c.. 200 grams (7 ounces) of manufactured tobacco; and d.. 200 tobacco sticks. If you include cigarettes, tobacco sticks or manufactured tobacco in your personal allowance, a partial exemption may apply. You will have to pay a special duty on these products unless they are marked "CANADA - DUTY PAID . DROIT ACQUITTÉ." You will find Canadian-made products sold at a duty-free shop marked this way. You can speed up your clearance by having your tobacco products available for inspection when you arrive. If you bring in more than your personal allowance, you will have to pay regular assessments on the excess amount. These regular assessments can include duties, taxes and provincial or territorial fees. Border services officers will give an allowance for products that are marked "CANADA - DUTY PAID . DROIT ACQUITTÉ" when they calculate the amounts owing. Gifts While you are outside Canada, you can send gifts free of duty and taxes to friends in Canada under certain conditions. To qualify, each gift must not be worth more than CAN$60 and cannot be a tobacco product, an alcoholic beverage or advertising matter. If the gift is worth more than CAN$60, the recipient will have to pay regular duties on the excess amount. It is always a good idea to include a gift card to avoid any misunderstanding. While gifts you send from outside Canada do not count as part of your personal exemption, gifts you bring back in your personal baggage do. Prizes and awards In most cases, you have to pay regular duties on prizes and awards you receive outside Canada. Prizes can be declared as part of your personal exemption and duty will be paid on any excess amount. For more information, call BIS at one of the telephone numbers listed in the section called "Additional information." Paying duties Making a full declaration and paying any duty and taxes you owe is a simple, straightforward process. You can pay by cash, traveller's cheque, Visa, American Express or MasterCard. We also accept debit cards at most offices. If an amount is not more than CAN$2,500, you can sometimes pay by personal cheque. A border services officer will give you a receipt showing the calculations and amounts you paid. Special duty rate After each trip outside Canada of 48 hours or longer, you are entitled to a special duty rate of 7% under the Most Favoured Nation (MFN) tariff treatment in addition to your personal exemption. The rate applies only to goods that accompany you, that do not qualify for duty-free entry under the North American Free Trade Agreement (NAFTA) and that are worth up to CAN$300 more than your personal exemption of CAN$400 or CAN$750. The rate does not apply to tobacco products or alcoholic beverages. You still have to pay any GST/HST that applies. In some provinces, we also collect the provincial sales tax (PST). Regular duty rate If you do not qualify for a personal exemption, or if you exceed your exemption limit, you will have to pay GST/HST, as well as any duty or other tax or assessment that applies on the excess amount. Duty rates vary according to the goods you are importing, the country where the goods were made and the country from which you are importing them. You may also have to pay PST if you live in a province where we have an agreement to collect the tax and you return back to Canada through that province. How goods qualify under NAFTA Your goods qualify for the U.S. duty-free rate under NAFTA if the following applies: a.. the goods are for your personal use; and b.. they are marked as made in the United States or Canada or not marked or labeled to indicate they were made anywhere other than in the United States or Canada. If you would like more information on goods eligible under NAFTA, refer to Memorandum D11-4-13, Rules of Origin for Casual Goods Regulations, which is available on the CBSA's Web site at; www.cbsa.gc.ca under "Publications," or you can call BIS at one of the telephone numbers listed in the section called "Additional information." World Trade Organization (WTO) agreement The duty on a wide range of products originating in non-NAFTA countries has been cut or will be reduced to zero over the next few years. NAFTA goods also qualify for the WTO agreement rate. If the duty rate payable on the goods you are importing is lower under the WTO agreement than under NAFTA, border services officers automatically assess your goods using the lower rate. Value for duty and foreign sales tax Value for duty is sometimes called customs value. It is the amount we use to calculate duty on your goods, and it is generally based on the price you paid for the goods. In most cases, we consider any foreign sales tax added to or included in the price to be part of the value. However, some foreign governments will refund sales tax to you if you export the items you bought. In such cases, you do not have to include the amount of the foreign sales tax that was or will be refunded to you. When you return to Canada When you return to Canada, you have to declare all the goods you acquired while outside Canada, such as purchases, gifts, prizes or awards that you are bringing with you or are having shipped to you. Include goods still in your possession that you bought at a Canadian or foreign duty-free shop. As well, make sure you declare any repairs or alterations you made to your vehicle, vessel or aircraft while you were out of the country. If you aren't sure if an article is admissible or should be declared, always declare it first and then ask the border services officer. Remember that border services officers are there to help you and will work out your personal exemption and any duties you owe in the way that benefits you most. Your rights If you have any difficulties with the border clearance process, please ask to speak to the superintendent on duty. In many cases, the superintendent will be able to resolve your concerns at once. Making your declaration If you are returning to Canada by commercial aircraft, you will receive a Form E311, Canada Border Services Agency (CBSA) Declaration Card, to complete before you arrive. These cards are also used at some locations for travellers arriving by rail, vessel or bus. If you have any questions about the card or Canadian regulations, please ask the border services officer when you arrive. If you arrive in Canada in a private vehicle such as an automobile, aircraft or bus, you can usually make an oral declaration. If you are declaring goods claimed as part of your CAN$750 exemption that preceded or will follow your arrival in Canada, ask the border services officer for a Form E24, Personal Exemption CBSA Declaration. You will need your copy of the form to claim these goods; otherwise, you may have to pay the regular duty and taxes on them. You may occasionally find yourself going through a more detailed inspection. In some cases, this simply means that you may have to complete a form. In other cases, the border services officer will need to identify the goods you are bringing into the country or examine your luggage. Border services officers are legally entitled to examine your luggage as part of their responsibility to protect Canada's safety, economy and environment. You are responsible for opening, unpacking and repacking your luggage. We appreciate your cooperation. By making your goods easily accessible for inspection, and having your receipts handy, you will be helping us to help you. It is a good idea to keep all your receipts for accommodations and purchases, and for any repairs done to, or parts bought for, your vehicle. We may ask to see them as evidence of the length of your stay and of the value of the goods or repairs. If you disagree with the amount of duty and taxes that you have to pay, please ask to speak with the superintendent on duty. A consultation can often resolve the issue quickly and without cost. If you are still not satisfied, our officers can tell you how to make a formal appeal. In addition to the activities mentioned above, border services officers may arrest an individual for an offence under the Criminal Code (e.g. impaired driving, outstanding arrest warrants, stolen property, abductions/kidnappings) and for infractions under other acts of Parliament (e.g. the Customs Act). If you are arrested, you may be compelled to attend court in Canada. You should note that anyone arrested in Canada is protected by, and will be treated in accordance with, the Canadian Charter of Rightsand Freedoms. False declarations and the seizure of goods If you do not declare goods, or if you falsely declare them, we can seize the goods. This means that you may lose the goods permanently or that you may have to pay a penalty to get them back. Depending on the type of goods and the circumstances involved, we may impose a penalty that ranges from 25% to 80% of the value of the seized goods. In addition, the Customs Act provides border services officers with the authority to seize all vehicles that were used to import goods unlawfully. When this happens, we impose a penalty that you must pay before we return the vehicle. If you do not declare tobacco products and alcoholic beverages at the time of importation, we will seize them permanently. A record of infractions is kept in the CBSA computer system. If you have an infraction record, you may have to undergo a more detailed examination on future trips. If you have had your goods seized, and disagree with the action taken, you can appeal. To do this, you should write a letter to us within 90 days of the date of the seizure to tell us you want to appeal. You can find more information about the appeal process on your seizure receipt form. ------------------------------ End of Cdn-Firearms Digest V11 #288 *********************************** Submissions: mailto:cdn-firearms-digest@sfn.saskatoon.sk.ca Mailing List Commands: mailto:majordomo@sfn.saskatoon.sk.ca Moderator's e-mail address: mailto:d.jordan@sasktel.net List owner: mailto:owner-cdn-firearms@sfn.saskatoon.sk.ca FAQ list: http://www.magma.ca/~asd/cfd-faq1.html and http://teapot.usask.ca/cdn-firearms/Faq/cfd-faq1.html Web Site: http://teapot.usask.ca/cdn-firearms/homepage.html FTP Site: ftp://teapot.usask.ca/pub/cdn-firearms/ CFDigest Archives: http://www.sfn.saskatoon.sk.ca/~ab133/ or put the next command in an e-mail message and mailto:majordomo@sfn.saskatoon.sk.ca get cdn-firearms-digest v04.n192 end (192 is the digest issue number and 04 is the volume) To unsubscribe from _all_ the lists, put the next five lines in a message and mailto:majordomo@sfn.saskatoon.sk.ca unsubscribe cdn-firearms-digest unsubscribe cdn-firearms-alert unsubscribe cdn-firearms-chat unsubscribe cdn-firearms end (To subscribe, use "subscribe" instead of "unsubscribe".) 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