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Conservative Party Leader Pierre Poilievre speaks to the media during an announcement in Brampton, Ont., on Friday, August 29, 2025.

OTTAWA — Conservative Leader Pierre Poilievre is calling on the federal government to spell out in law that Canadians have the right to use force, including deadly force, against someone who enters their home illegally and poses a threat to their safety.

It is the latest tough-on-crime proposal from Poilievre and it comes at a time when public debate has been stirring over a high-profile arrest in the country. An Ontario man was arrested earlier this month and charged with aggravated assault regarding his alleged actions in response to a suspected

cross-bow wielding intruder,

who has also been charged with carrying a weapon and break-and-enter.

Standing in the backyard of a family home in Brampton, Ont., on Friday, Poilievre proclaimed that “your home is your castle” and called for Prime Minister Mark Carney’s government to amend the section of the Criminal Code on self-defence.

Specifically, he called for a change to that section to say that “the use of force, including lethal force, is presumed reasonable against an individual who unlawfully enters a house and poses a threat to the safety of anyone inside.”

“It means you have the right to use force to defend your home and your family against someone who threatens you and who has entered illegally.”

Poilievre vowed that Conservatives would advance their own private member’s bill should Carney’s government fail to take up his proposal. On Friday, Justice Minister Sean Fraser appeared to throw cold water on the idea.

“This isn’t the Wild West. It’s Canada. Canadians deserve real solutions that make us safer, not slogans that inspire fear and chaos for Pierre’s political survival,”

wrote Fraser, on social media

.

Poilievre’s use of the term “castle” refers to provisions based on the “Castle Doctrine” that exist in U.S. states that allow residents to use force, including deadly force, without being put to the same tests that exist within Canada about whether their actions were reasonable or not.

Canadian criminal law on self-defence states that a person is not guilty when they believe “on reasonable grounds” that force or the threat of it was being used against them and that their actions could be considered to have happened in defence of themselves and to be “reasonable in the circumstances.”

The law outlines nine different factors that Crown prosecutors and police use to determine whether a person’s action constitutes being “reasonable,” including the nature of the threat, whether weapons were used, pre-existing personal relationships between those involved, as well as the physical size and gender of those involved.

Poilievre called those conditions “very complicated” and “vague” during his press conference on Friday, saying no one has time to think about them when they find their home threatened.

He says his proposal would make it clear that when someone enters a home illegally and a person inside has a reason to believe they are in danger, the force they used would be deemed reasonable.

Boris Bytensky, the president of the Criminal Lawyers’ Association, said Poilievre’s proposal would not make “anything any worse for anybody,” but at the same time says, “it’s not going to make it any better for anybody.”

He suggests that a “bit of a misunderstanding” may be at play, given there is a major difference between someone who is charged with a crime versus someone who has been convicted, and that it falls to the Crown to prove beyond a reasonable doubt that someone did not “act reasonably” or in self-defence.

“When you unpack the current proposal, it amounts to nothing more than basically confirming that the presumption of innocence applies when somebody uses force inside their own house against the intruder.”

When it comes to the case of the Ontario man charged in relation to an alleged intruder trying to enter his apartment, Bytensky said the facts of the case are not yet known.

Ontario Premier Doug Ford pointed to the situation this week to say “something is broken.” Ford has also been a vocal critic of criminal bail laws as well as judges.

Bytensky suggested the proposal from Poilievre would not prevent police from taking action should they suspect someone’s actions in the case of a break-in to have been unreasonable.

“If the police suspected that somebody wandered into your home and was not a threat to you, and you used unreasonable force — that you bludgeoned somebody with a baseball bat when they had turned their back and in the process of leaving and were no longer a threat to you — neither this new provision, nor the current law, would protect that person,” he said.

Criminal defence lawyer Alex

De Boyrie said he believes Poilievre’s proposal “would definitely have avoided a charge” in the recent case against the Ontario man, as well as the second-degree murder charge that was ultimately withdrawn in the previous case of a Milton, Ont., man who was accused in the death of a home intruder.

De Boyrie said when it comes to clients he has been involved with, charges have been “withdrawn quite often” in cases of self-defence. One issue, he says, is that assessing self-defence is difficult, adding that there is a lower threshold to lay a charge against someone than to proceed with prosecuting a case.

Bytensky said his experience has been that police tend to be “sympathetic” towards situations involving an intruder in someone’s home and do not pursue charges without “strong reason” to believe a crime has been committed, which is why he cautions against speculation.

Still, De Boyrie said many are confused by Canada’s self-defence laws and believes more clarification and even education would be useful.

“Clients are almost always confused as to why they were charged… and why the police didn’t listen to them when they advised them that they were acting in self-defence,” he said.

“There’s unfortunate circumstances where somebody swings on you and you happen to swing back and you’re stronger than them, or you land a better punch than them, and you unfortunately break their bone or break a nose … then you’re looking at a charge, and is that necessarily fair? I would say no.”

National Post

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Last month, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) issued a $1.075 million fine against the British Columbia Lottery Corporation (BCLC).

OTTAWA — A single, high-rolling casino slots player is at the centre of a nasty $1 million fight between British Columbia’s gambling authority and the federal anti-money laundering watchdog, court documents allege.

Last month, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) issued a $1.075 million fine against the British Columbia Lottery Corporation (BCLC).

The bulk of the fine was for failing to submit two suspicious transaction reports relating to one “high-risk patron.” FINTRAC says there were reasonable grounds to suspect that money laundering or terrorist activity funding was at play in those transactions.

“Due to the patron’s rate of play and the volume of funds, along with other factors, British Columbia Lottery Corporation should have identified the patron as high-risk and should have applied prescribed special measures,” reads the

violation notice published by FINTRAC

.

The investigation into the “very serious” violation also found that BCLC failed to consider numerous “money laundering and terrorist financing indicators” that required the agency to flag the transactions to FINTRAC.

The fines come just three years after Commissioner Austin Cullen published a

scathing report on money laundering in B.C

. His public inquiry concluded that BCLC and law enforcement were aware of the growing problem of money laundering under their noses but failed to act for years.

“(BCLC managers) stood by and permitted BC casinos to accept vast sums of illicit cash. BCLC’s approach reflected a completely unacceptable and unreasonable risk tolerance,” read the report.

But in a lawsuit filed last week, BCLC says FINTRAC conducted a botched investigation and is asking a Federal Court judge to quash the fine.

The lawsuit sheds light on growing tension between BCLC and the federal regulator that began when FINTRAC “ambushed” the provincial gambling corporation with the investigation into its anti-money laundering checks in late 2024, reads the document.

The lawsuit argues that the investigation was conducted unfairly, that FINTRAC ignored information provided by BCLC and the final decision failed to consider improvements the gambling agency made to its anti-money laundering program.

At the centre of the battle is the province’s biggest slot machine gambler, identified in court filings as BCLC’S “#1 High-Volume Encore Slot Patron.”

“The (FINTRAC) director relied on her subjective view, or the subjective view of the FINTRAC examination team, that the Patron was simply gambling too much,” reads BCLC’s lawsuit.

The lawsuit does not identify the patron, the source of their wealth nor how much they gamble. But the document says BCLC reported 541 “casino disbursement reports” of over $10,000 to the patron between March 1, 2017, and Feb. 28, 2018, suggesting a minimum payout of $5.41 million that year.

A FINTRAC report quoted in the lawsuit says the watchdog found the “high risk” patron uncooperative and accused the gambler of having provided “false, misleading, or incorrect information” namely about their occupation and property ownership.

But BCLC says it and the provincial gambling regulator both investigated the patron in 2024 and found “nothing unusual or suspicious” other than a frequent use of $100 bills to gamble.

“The (FINTRAC) Director failed to consider the Patron’s facility with the English language or the country from which the Patron emigrated to Canada/from which the Patron’s funds originate,” reads the lawsuit.

“(FINTRAC) failed to consider whether the perceived uncooperativeness and inconsistencies arose from linguistic and cultural differences.”

FINTRAC has not yet filed a reply to Federal Court. In a press release announcing the fine Thursday, FINTRAC Director and CEO Sarah Paquet said the watchdog is “firm in ensuring that businesses continue to their part” in fighting money laundering and terrorist financing.

The provincial agency also argued that the amount of money the gambler has bet is lower than FINTRAC claims because it doesn’t account for churn, or the amount of money bet that was obtained from previous gambling winnings.

BCLC says FINTRAC discounted its churn analysis of the patron as a mere “accounting exercise.”

“The Director also wrongly concluded that BCLC had not obtained information about the Patron’s sources of funds and wealth, and that BCLC imposed a ‘ban’ on the Patron when this was not the case,” reads the lawsuit.

BCLC also accused FINTRAC of failing to give it a reasonable amount of time to reply to its investigation before issuing the fine.

“BCLC takes its responsibilities under Canadian anti-money laundering legislation very seriously. It is confident in its position that it has fully complied with all its legal and regulatory obligations,”

the agency said in a statement Wednesday.

National Post

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An Ottawa Police Service car shown on May 6, 2025.

A man has been charged after a woman in her 70s was stabbed Wednesday afternoon at a kosher grocery store in Ottawa.

Ottawa police said one of its criminal investigations units is in charge and is being supported by the Hate and Bias Crime Unit.

According to police, the incident occurred just after 1:30 p.m. when the woman went into the store with a friend. “She was approached by a man who stabbed her leaving her with serious injuries,” police said in a news release.

Police were called and officers arrested the suspect, a 71-year-old man.

Staff from the store helped the woman until paramedics arrived. She was treated at a hospital and later released. Police said the suspect and the victim did not know each other.

“Detectives continue to investigate the matter to ensure all aspects of the case are understood and charges are expected,” police said.

In a Facebook post on Thursday, the Jewish Federation of Ottawa (JFO) said the woman is a “cherished” member of the community and she was recovering. The group said it wouldn’t be sharing further details about her out of respect for her privacy.

The group said the incident occurred at a kosher Loblaws.

We have all been deeply shaken by the stabbing incident that took place yesterday afternoon at the Baseline Kosher…

Posted by JFO: Jewish Federation of Ottawa on Thursday, August 28, 2025

JFO has been in touch with police and “relevant authorities, including hate crimes investigators and the Chief of Police.” It has also reached out to Loblaws “to begin discussions on ways to ensure Jewish community members feel safe while shopping.”

There was “no indication of increased risk to Jewish facilities or institutions,” per JFO.

The suspect appeared in court on Thursday, police said.

He was charged with aggravated assault and possession of a dangerous weapon.

Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.


A DJI Mavic 3 Pro like the one used by Canadian Xiao Guang Pan to unlawfully photograph and film U.S. military installations at Cape Canaveral, Fla. in January 2025.

A Chinese-born Canadian man caught using a drone to take over 200 unauthorized photos and videos of the Cape Canaveral Space Force Base in Florida earlier this year — later feigning ignorance about his transgression when interviewed by federal agents — pleaded guilty to charges and was sentenced recently.

And while 71-year-old Xiao Guang Pan of Brampton, Ont., got away with just 12 months probation from a U.S. district court judge in August, his sentencing included a deportation order for violating American espionage laws.

According to his bio on the

Brampton Arts Organization (BAO) website

, the Chinese national, who immigrated to Canada in 2001, is an “enthusiastic drone photographer/videographer” who has visited “almost every American state, 10 countries in Europe, New Zealand and Australia, and has been to nearly all of Canada’s famous scenic locations.”

National Post previously confirmed

with BAO that Pan had been part of a photo exhibition to celebrate Brampton’s 50th birthday last year, but a spokesperson said they’d had no contact with him since, and provided no comment on his U.S. legal troubles.

According to court documents obtained by National Post, Pan entered the U.S. on a tourist visa via the Ambassador Peace Bridge between Ontario and Michigan in early November 2024.

It’s not explained in the documents where Pan was in the following months, but an

Instagram account

operated by someone with the same name and listing the same DJI Mavic 3 Pro drone that Pan was forced to forfeit to U.S. justice officials shared images from Texas on Nov. 20 and Orlando on Dec. 5.

Regardless, officials said Pan had made his way to the Cape Canaveral area in eastern Florida in early 2025.

On Jan. 7, after NASA officials detected drone activity near the Space Force base, local sheriff’s officers found Pan operating the drone in the parking lot at Port Canaveral. After finding out it was his third day of flying and photographing the area, the matter was turned over to federal officials.

“Pan told the agents that he had flown his drone to take pictures of the beauty of nature, the sunrise and the cruise ship port,” reads his June plea agreement. “He stated that he had not seen any launch pads and that he did not know that he was near a military installation.”

A forensic analysis of his equipment and data, however, suggested Pan was well aware of where he was and what he was photographing.

Between the drone and a telephoto lens on a separate camera, officials found 1,919 photos and videos, of which 243 still images and 13 videos “showed military infrastructure” at the Space Force Base.

On his first day, Pan used the telephoto lens from “several miles away” to record two videos and take 21 photos of the base, capturing fuel and munition storage areas and several military and defence contractor assets, including “a Space Launch Complex and payload processing facilities.”

Pan returned on Jan. 6, this time closer to the base, launched his drone and proceeded to take another nine videos and 166 photos of the base “in higher quality and from different angles.”

On the day of his arrest, Pan sent the drone skyward in Class D controlled airspace just outside the base’s restricted airspace border, where he got two more videos and 56 photos of roads, security checkpoints and infrastructure related to power distribution, mission control infrastructure, national security space launch, and the Navy, including a submarine wharf.

A forensic review of his phone also revealed several screenshots of Google Maps satellite overviews of the area with the base name “prominently displayed.”

During his interview, Pan also told agents that he hadn’t received any automated alerts or warnings from the drone on his handset regarding altitude or airspace violations. Again, the data betrayed him, as the device “logged several alerts and sent the operator messages” each day.

 Airspace warnings from the drone are sent to the DJI RC Pro remote control held by the operator.

According to his plea deal, Pan had been informed that “lying to federal agents is a federal crime.”

Pan was formally charged in February with three counts of using an aircraft for the unlawful photographing of defence installations without authorization. Each count carried a maximum penalty of one year in prison and/or a $100,000 fine, according to federal court records.

Following his arrest, Pan sought permission to return to Canada “for medical treatment” but was denied and was ordered to remain in the Middle District of Florida until proceedings concluded.

Judge Gregory Presnell delivered the sentence on Aug. 12 and Pan has since been returned to Canada by Immigration and Customs Enforcement (ICE) officials.

As part of his deportation, Pan is also barred from re-entering the U.S. without the “express permission” of the government.

National Post has contacted him for comment.

Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.


Conservative Party Leader Pierre Poilievre speaks during a press conference in the Foyer of the House of Commons in Ottawa, on Friday, Aug. 22, 2025.

OTTAWA — Conservative Leader Pierre Poilievre says he is waiting to speak to American lawmakers and argue Canada’s case “at the appropriate time.”

Poilievre made the comments in a podcast episode that aired Thursday as he prepares to return to the House of Commons next month, fresh off last week’s byelection win in rural Alberta.

“At some point, at the appropriate time, we will be engaging with American lawmakers to make the case for Canada and to make the case for the North American relationship,” Poilievre told The Elev8 Podcast, which comments on Canadian politics.

Prime Minister Mark Carney’s efforts to strike a deal with U.S. President Donald Trump to lower or outright remove his tariffs on Canadian goods have dominated his first four months in office since winning the April federal election.

That election saw Poilievre try to keep his focus on cost-of-living and crime issues, which prompted concerns within his own party and internal debates that he was failing to pivot fast enough to address the Canada-U.S. relationship.

Before the campaign began, Poilievre decided against voicing public support for what former prime minister Justin Trudeau termed as his “Team Canada” approach for dealing with the U.S., with Conservative caucus members making scant mention of Trump.

Since then, Poilievre has stated that Conservatives were willing to work with Carney’s government to help secure a deal for Canada, but that he has not heard back.

Reached for comment, his office did not provide specifics when asked how Conservatives would decide it was “the appropriate time” to talk to American lawmakers.

A spokesman reiterated that Poilievre and his critic for Canada-U.S. relations “have reached out multiple times to offer any and all help to the Carney Liberals in negotiations with the Americans,” however, their “invitation has not been accepted yet, but it remains on the table.”

“While it is normal for Opposition leaders and (critics) to maintain relationships with their U.S. counterparts, we believe negotiations should be conducted along one official channel,” the spokesman said.

“Conservatives remain ready to assist securing the best deal for Canada. We will always put Canada first.”

A response from the office of Intergovernmental Affairs Minister Dominic LeBlanc, who is Carney’s lead on negotiating with Trump officials, has not yet been returned.

LeBlanc returned on Wednesday from his latest meeting in Washington with U.S. Commerce Secretary Howard Lutnick. Carney and Trump spoke by phone on Aug. 21, the day before the prime minister announced Canada was dropping some of its retaliatory tariffs.

LeBlanc told The Canadian Press upon his arrival back in Canada that the meeting with Lutnick was “constructive.” The pair met on Tuesday morning for 90 minutes, roughly 30 minutes longer than what was initially scheduled. While the details are still being negotiated, both LeBlanc and Lutnick agreed to keep their conversations private.

During the podcast, Poilievre said his thinking when it came to getting involved in discussions with the Americans was that it should be “lawmaker-to-lawmaker” and “executive-to-executive.”

“I would not meet the executive branch, officially, of a foreign country without at least seeking some sort of cooperation with the government,” he said.

“Otherwise, the risk is that you’re trying to create a dual negotiating track, and I don’t think that is good for the country.”

The Conservative leader also pointed out that when Brian Mulroney met with former Republican president Ronald Reagan in 1984, before he would go on to win that year’s election, Mulroney did so with the “blessing” of former Liberal prime minister Pierre Elliott Trudeau, and that Canada’s ambassador to Washington was present.

In terms of who Poilievre has spoken to, his office pointed to comments he made last month to CBC that he had spoken informally to Republican Rep. Pete Sessions and other American politicians who were attending the Calgary Stampede, where he reiterated Canada’s position, but has not engaged in formal discussions or travel to the U.S.

Poilievre has accused Carney of breaking the promise he made during the spring election campaign that he was the leader most able to negotiate with Trump by so far failing to strike a deal.

He has also said that Carney has offered more concessions to the American president than Canada has received in return, pointing to the scrapping of the digital services tax, which would have targeted U.S. tech companies, and the lifting of Canada’s counter-tariffs on U.S. goods in compliance with the free trade agreement between Canada, the U.S., and Mexico.

Carney has defended doing so as necessary to strike a deal with the U.S., and defended his approach by saying Canada was paying one of the lowest tariff rates, given U.S. exemptions to goods covered by the countries’ free trade agreement, which is scheduled for review in 2026.

While a large majority of Canadian goods are covered by the deal, the country is still dealing with U.S. tariffs applied to certain sectors, such as steel and aluminum, lumber, automobiles, and copper.

-With files from The Canadian Press

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A Kawartha Lakes Police cruiser is shown in this undated photo.

A man who allegedly broke into a Lindsay, Ont., apartment, leading to a fight that resulted in charges against both him and the resident, was armed with a crossbow during the incident, according to court records. He was also on probation from previous charges.

Michael Kyle Breen, 41, of Lindsay was already wanted by police at the time of the Aug. 18 incident for unrelated offences. He has since been charged with possession of a weapon for a dangerous purpose; breaking, entering and theft; mischief under $5,000; and failure to comply with probation.

Court documents filed in the case on Wednesday say that he destroyed a window and screen to gain access to the Kent Street home of Jeremy David McDonald, and that he was armed with a crossbow at the time. They also note that he was under an 18-month probation order that included the requirement to “keep the peace and be of good behaviour.”

Further documents show he was charged with damaging or destroying a window in July; with illegal use of a credit card and possession of stolen goods in May; with failing to attend a court date in March; and with failing to report to his probation officer last year.

McDonald, 44, has been charged with aggravated assault and assault with a weapon. Court documents filed last week say he “did endanger the life” of Breen. The charge sheet alleges that McDonald used a knife.

“Officers arrived on scene and learned that the resident of the apartment had woke up to find another male (intruder) inside his apartment,” police said in a statement at the time. “There was an altercation inside the apartment and the intruder received serious life-threatening injuries as a result of that altercation.”

Police said the intruder was transported to a nearby hospital and later airlifted to a Toronto hospital.

The charges against McDonald drew much attention, with the premier of Ontario weighing in.

“So this criminal that’s wanted by the police breaks into this guy’s house,” Doug Ford said at a press conference last week. “This guy gives him a beating, and this guy gets charged, and the other guy gets charged, but — something is broken.”

Yesterday, at a press conference to announce the start of work on Highway 413, Ford took a moment to again address the issue.

“We’ve got to get tough on this crime,” he said. “People are fed up, and I’m wishing all the best for our friend in Lindsay. I don’t know who it was, but people are at their peak with this violence.”

He added: “They’re just at their wits’ end that the judges keep letting people out on bail. So we’re going to hold these guys accountable, and I will be all over the prime minister about bail reform.”

Federal Conservative Leader Pierre Poilievre also addressed the matter. “The law needs to be clear,” he said in a post on Instagram, “that if someone comes into your house uninvited to steal your property or harm your family, you need to be able to do whatever is necessary to stop them.”

He continued: “My message to the criminal thugs who are invading the homes of Canadians … is that you should be in serious danger if you go into someone’s house illegally and try to harm them, and if you don’t want to be harmed then don’t invade someone’s house and don’t threaten their security.”

CBC News reported that two acquaintances of Breen separately told them the two men knew each other before the break-in, but both Kawartha Lakes police and McDonald’s lawyer Steven Norton declined to say whether there was any connection between them. Court documents did show that they live about three blocks away from each other in Lindsay.

Last week, Kawartha Lakes Police Chief Kirk Robertson issued a statement addressing the charges against McDonald. “It is important to remember that charges are not convictions; they are part of the judicial process, which ensures that all facts are considered fairly in court,” he said.

“Under Canadian law, individuals have the right to defend themselves and their property,” he continued. “However, it is important to understand that these rights are not unlimited in Canada. The law requires that any defensive action be proportionate to the threat faced. This means that while homeowners do have the right to protect themselves and their property, the use of force must be reasonable given the circumstances.”

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Alberta Minister of Seniors, Community and Social Services Jason Nixon.

OTTAWA — Alberta Social Services Minister Jason Nixon is calling on Ottawa to scrap the standalone application form for the new

Canada Disability Benefit

.

Nixon said in a

letter to federal counterpart

Patty Hajdu that those receiving Alberta’s

Assured Income for the Severely Handicapped

(AISH) and other provincial disability benefits should automatically receive the CDB.

“As social services are within provincial responsibility, I am … requesting that the federal government defer to Alberta’s provincial eligibility requirements to streamline access to federal disability supports,” wrote Nixon.

Nixon wrote in the letter that the federal application requirements, which could include

paying out of pocket

for a medical examination, present a “significant barrier” to access in Alberta and beyond.

“(W)e’ve heard concerns from Albertans with disabilities who are encountering barriers in applying for the CDB,” wrote Nixon.

Applications for the

maximum $200 per month

federal benefit opened in late June.

Medical examinations to determine one’s eligibility for the benefit can run between $200 and $400 in Alberta, according to the Office of the Advocate for Disabled Persons.

The Liberal government committed in the April 2024 federal budget to

reimburse medical examination costs

, but has yet to put forward details about how reimbursement will work.

As it stands, Canadians with disabilities may claim these costs as medical expenses on their tax returns.

In the meantime, the province has committed to

reimbursing medical examination costs

for AISH recipients applying for the federal benefit.

Hajdu’s office confirmed Thursday that the letter had been received.

We will review it and respond in due course,” wrote Hajdu’s spoksperson Aissa Diop in an email.

Alberta’s Advocate for Persons with Disabilities Greg McMeekin said in an email that he agreed that Ottawa should reduce barriers to enrollment.

(M)any Albertans with disabilities are well beyond the point of frustrated getting access to (the CDB) …

The federal government should make access to the benefit easier, such as automatic enrollment for people on existing disability benefits,” wrote McMeekin.

Yusuf Ariyo, a support worker with the Edmonton-based Voice of Albertans with Disabilities, said the organization has seen an uptick in requests for help with benefit applications since the CDB rollout started.

“It’s our job to help them navigate the benefits system, but there’s limits to what we can do,” said Ariyo.

Lee Stevens, an independent social policy consultant based in Calgary, said that the application process is one of multiple mistakes the federal government made in its implementation of the benefit.

“(They) could have easily automatically enrolled everyone who already qualified for the disability tax credit, therefor avoiding extra costs like medical assessments,” said Stevens.

Stevens said it was also a mistake not to design the benefit as a refundable credit, which created a risk of provinces like Alberta

treating it as non-exempt income

.

She added that she suspects the point of the application form was save the federal government money by driving down the uptake of the benefit.

National Post

rmohamed@postmedia.com

Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.


The number of U.S. citizens seeking refugee status in Canada this year has already surpassed all of 2024's asylum applications.

Like the inaugural year of Donald Trump’s first presidency, the number of U.S. citizens trying to flee the country by seeking refugee status in Canada is on the rise.

The Immigration and Refugee Board of Canada (IRB) updated

its statistics

last week to show that 245 applications have been referred to its refugee protection division (RPD) as of June 30 — 41 more than in 2024.

In fact, the number of U.S. asylum seekers in the first half of 2025 is the most Canada has received in the past five years and could very well surpass the 423 referrals RPD got in 2019.

Following an overhaul to Canada’s refugee system in December 2012, the high-water mark came in 2017, Trump’s first official year in office, when IRB fielded 869 referrals. (Only 226 applications were recorded in the three years before he entered politics.)

Several hundred of the 2017 applications were still pending a decision at year’s end and carried over into 2018 when another 642 were received.

And even after almost half of those were rejected, 964 pending cases at the end of that year carried into 2019, which saw 423 applications.

New claims over the next three years fell to well under 200, but it wasn’t until 2022 that the pending list got below 300, only to climb back to 328 at the end of 2024.

Refugee protection claims referred before the 2012 overhaul
are not published on the IRB’s website.

Even as applications from the U.S. have increased, Americans, as they’ve done historically, make up only a small percentage of the more than 55,000 people referred this year, a fifth of whom were applicants from India. (As of June 30, there are more than 40,000 pending cases from the Asian nation.)

Due to the Canada-U.S. bilateral

Safe Third Country Agreement (SCTA)

, most of the Americans seeking asylum and refugee status have or will be denied.

The treaty, implemented in 2004 and beefed up in 2023, requires asylum seekers arriving at either country’s formal land border or waterways crossing to apply for protection in the first safe country they reach.

“Only countries that respect human rights and offer a high degree of protection to asylum seekers may be designated as safe third countries,” according to

Immigration, Refugees and Citizenship Canada (IRCC).

“To date, the United States is the only designated safe third country.”

Citing privacy concerns related to potentially identifying claimants, IRB doesn’t publish the number of people who were accepted, but the data shows that most are rejected, abandoned, withdrawn, terminated by a Canada Border Services Agency officer or ended for other reasons, such as the person’s death.

In 2023, for instance, of the 157 referrals received, 123 were rejected and another 32 were withdrawn or otherwise ended.

IRB’s data doesn’t specify the nature of the claims, but an individual’s claim must meet certain criteria under the Immigration and Refugee Protection Act to obtain refugee status under the internationally recognized 1951 Convention related to the Status of Refugees.

“Convention refugees are people who have a well-founded fear of persecution because of their race, religion, nationality, political opinion or membership in a particular social group. Membership in a particular social group can include sexual orientation, gender identity, being a woman, and HIV status,” according to IRCC.

“Persons in need of protection must show that if they return to their country of nationality, they will face a danger of torture, a risk to their life or a risk of cruel and unusual treatment or punishment.”

One of the Americans in search of refugee protection is Dan Livers, a 51-year-old from Michigan who recently kayaked across the Detroit River to Ontario, putting ashore in LaSalle, about 12 kilometres south of the Ambassador Bridge in Windsor.

 Dan Livers, of Michigan, who kayaked across the Detroit River on Aug. 5, 2025, is shown on the Windsor waterfront with Detroit in the background on Aug. 21, 2025. Photo by Millar Holmes-Hill /Windsor Star

The U.S. Army Veteran told the

Windsor Star

that he’d fled the U.S., not because of Trump, but because he feared retaliation for criticizing a Michigan non-profit affiliated with state service dog programs.

“I left the country because I was afraid for my life,” he said. “Nobody wanted to live like that. I wanted to go somewhere that is peaceful.”

Others have left the U.S. due to Trump’s executive orders and policy changes that roll back LGBTQ rights, especially those of people who identify as transgender.

Kaitlyn and Ted Berg of Illinois told

CBC

they left the U.S. for a host of reasons, but were particularly concerned with Trump’s position on gender, as one of their children is transgender, while another identifies as gender fluid.

“I want a comfortable life for my kids,” Kaitlyn said. “That’s all I’m asking for, comfortable and safe.”

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McGill University campus.

It was Matt Durnin, principal of the consultancy Nous Group, who first mentioned his company’s horrific nickname.

In an interview about Nous’s swift and controversial rise to dominance of Canada’s market in strategic management advice to universities, Durnin said Nous remains a company that is “small enough to have a bit of personality.”

So it does. Trouble is, that personality has a dark side. The nickname is “Nousferatu,” as in the vampire, because of what critics describe as a reputation for selling a slash-and-burn template for saving bankrupt universities by making them go ruthlessly corporate; by streamlining campus governance to concentrate power at the top; by guiding university administrations in cuts to staff and programs that arguably compromise their core mission; and by tracking dubious “benchmarks” for performance evaluation in a single-minded pursuit of budget efficiency.

At the 20 or so major Canadian universities where Nous has showed up since the pandemic, the nickname has caught on, and at their upper-floor headquarters in Toronto’s financial district, Nous itself seems to revel in it.

“I’d wear it on a T-shirt,” Durnin said.

In barely five years, this consultancy founded in Australia by ex-McKinsey types (although Durnin said Nous is as much a “reaction” to the larger consulting firm’s intense corporate culture as a “descendant” of it) has capitalized on Canada’s crisis in university financing.

Nous arrived in 2019 to find their new clients struggling against inflation, in many cases with tuition frozen and operating grants stagnant, but with budgets balanced thanks to high-paying foreign students, whose numbers have since been deeply cut with no new revenue stream to replace their tuition.

Every Canadian university suddenly seemed to have the same problem. This is fertile ground for consulting, particularly if, like Nous’s model, it is based on extensive surveys and benchmarks to compare institutions against each other.

So Nous’s experience at the University of Sydney, for example, informed their earliest Canadian work on Laurentian University’s plan to emerge from insolvency, which then informed their work at the University of Alberta, which informed their work at Queen’s, which is informing their work today at McGill, Waterloo and others.

This is Nous. Most people have not heard of it. It rhymes with “mouse,” and derives from the Greek word for reason, not the French word for us. In Britain and Australia, to say someone has a “nous” for something is to say they have an intuitive knowledge, a clever knack, a useful insight. But it does not have the same currency in Canadian English. It is a witticism that has failed to translate cultures and is just as likely to be pronounced in Canadian academia these days as “noose,” often with a wisecrack about hanging.

The way their most strident critics see it, Nous is rebuilding the ivory tower with everyone still inside. And like their nicknamesake vampire, someone had to invite them in.

A new national standard

This success in Canada has taken Nous Group from a small Australian consultancy to the purveyor of the driving strategic management vision of many, if not most, big Canadian universities, more than 20 across almost every province, with similar work in the United Kingdom.

A new office in Vancouver this year testifies to growing work in the Canadian West, after leading the University of Alberta’s major restructuring in 2020, and encountering their first major campus pushback at Queen’s last year.

That uproar,

which forced the school’s principal into a damage-control CBC Radio interview, was prompted by a new provost who, in December 2023, told a faculty town hall about major budget cuts: “Unless we sort this out, we will go under.”

A week previously, Queen’s had signed its client service agreement with Nous, with terms to create “an overarching narrative” of a “case for change.”

The provost’s threat that Queen’s would “go under,” however, made that narrative spin out of control. Faculty got their backs up. Department heads spoke out to say the budget cuts were 

being dictated from on high in a hurried 
panic
,
guided by blunt strategy. They said the

proposed elimination of any course with fewer than 10 students would mean the end of foreign language instruction, except maybe German; it would keep senior students in everything from chemistry to art conservation out of special lab work; and it would mean the classics department would no longer offer Latin or Greek.

Today, Nous consultants are at work at York University in Toronto, where James Andrew Smith is an associate professor in the department of electrical engineering and computer science.

“Central management has a crisis narrative,” he said in an interview. “That’s never said out loud. Nobody wants to invoke Laurentian (in Sudbury, Ont., which filed for creditor protection in 2021 and closed programs, the first and only publicly funded Canadian university ever to do so). It gets phrased as, ‘We don’t have enough money, so you’re going to have to give up resources and services.’ And then they take the money away.”

He just doesn’t believe in this crisis, not at a school that just opened a new campus in Markham, Ont., with plans for more expansion.

“It’s hard to reconcile a crisis of money when the university is spending and planning to spend hundreds of millions of dollars,” Smith said.

“I see that we’re a billion-dollar institution that’s pinching pennies when we should be spending money on innovation and providing better services to students and faculties,” he said. “You don’t get out of a crisis by doing less. You get out of crisis by doing more and better. If we follow through on centralization and amalgamation of work units at the university, we will make it less innovative, nimble and responsive to the world around us and our students.

“The problem is that centralizing decision-making and making middle management go up the chain for everything doesn’t make for a nimble or efficient organization … I think the strategic consultants are a waste of time and money,” Smith said.

His view is that there is a co-ordinated effort inspired by Nous to shift the blame for budget problems from chronic government underfunding to inefficient university overspending.

In the interview, Nous executives were blunt in rejecting this perspective.

“We don’t say the solution is you should advocate for more money,” said Tim Kennedy, also a Nous principal, a sort of non-equity partner.

Kennedy and Durnin were reluctant to speak in detail about individual clients or take credit for decisions made on their advice. But they did aim to correct what they see as rampant inaccuracies in campus gossip about their work.

Kennedy said the University of Alberta is one of only two examples of advising on changing leadership structure, and they took that on because the project was moving at breakneck speed, with budget cuts of 20 per cent overnight.

The other was Laurentian University, where Nous worked on a management and operations review in the restructuring plan, af

ter the shock of the insolvency and the loss of nearly 200 jobs in this unprecedented collapse of a public university.

“We were new and probably naive,” Kennedy said. But he noted they have been successful because they have been willing to look at difficult and contentious stuff.

Now, though, they bristle at getting all the negative attention, when larger consultancies such as Deloitte are doing similar work. Kennedy said the scrutiny that has come down on them, especially after the well-organized anti-austerity movement at Queen’s last year, makes it hard for university leaders to use Nous.

Still, they are finding a way.

Before Nous’s arrival in Canada, the university consulting game was dominated by big accounting firms whose work was primarily in systems technology, advocating expensive investment rather than shorter term transformative change.

University funding crisis

It was a stroke of luck, then, for Nous to expand into Canada at a time when schools were in a funding crisis, with operating grants stagnant and tuition capped. No one wanted to upgrade their systems. They wanted to save money, find efficiencies, cut costs.

Since then, a cap on foreign students, who pay four times the tuition fees as Canadians, has delivered a further dent to university budgets. In Canada, post-secondary institutions have three main sources of funding: public money (provincial and federal), donations and tuition revenues.

“We arrived on the back of big-tech investments that did not deliver,” Durnin said.

Durnin expresses sympathy for university leaders, who are usually not used to making radical or extreme change but are almost forced by circumstance into it. Kennedy said Nous aims to give university leaders confidence in these hard decisions.

On campuses, public notice of Nous’s involvement is rarely trumpeted from the highest office. It often comes to wider knowledge when administrators start explaining why they have taken certain decisions, often about budgets, and how this will contribute to the university’s “renewal.”

Now, though, it is plain that Nous Group’s model of renewal is becoming a national standard for how to run a university in Canada.

Some critics say they need it, and more, that universities are stagnant and bloated, and selling an experience that won’t get students a job.

At its extreme, the view is that universities offer wide-eyed undergrads the chance to waste their parents’ and the government’s money on too many courses that are either loosey-goosey fripperies like sociology, or pseudo-intellectual indulgences like philosophy.

Nous is more sophisticated than this. They recognize the tight spot university leaders are in. Universities are neither glorified trade schools, meant to produce specific kinds of workers, nor glorified high schools, meant to teach everyone the same basic stuff. They aim higher, but they find it increasingly hard to afford it.

“I love the idea that funding will come back,” Durnin said. “I just don’t think that’s realistic.”

Kennedy said their role is to support “institutionally led” renewal. He said they do not advise cutting programs, that those decisions are all the product of university leadership. But when it’s pointed out that these cuts tend to happen when Nous is around, as when Queen’s proposed to eliminate any course with fewer than 10 students, Kennedy said they are simply a “good scapegoat.”

In fact, Kennedy said, cutting academic programs doesn’t even save money, a point also often made by Nous’s sharpest critics. What saves money are things such as making sure each faculty does not run its own human resources or information technology department, for example, but rather uses one for the whole school.

Provincial governments find program cuts politically attractive, Kennedy said, because they look like tough decisions and appeal to voters. What gets cut, though, rarely costs a lot of money in the first place.

The real way to balance a university budget is to measure inefficiency and eliminate it, Kennedy said. It is to compare the efforts of other schools with the same problems, and to emulate their successes while avoiding their failures.

“It’s not a race to the bottom. It’s what can you do with increasingly less budget,” Kennedy said.

He and Durnin evince a hint of smugness when they say university leaders should “lead” and be “financially literate,” as if that were a novelty.

They reject the accusations that they advise universities to “corporatize,” or “managerialize,” preferring the word “professionalize.”

But others think Nous’s “renewal” is a misleading concept, a sly branding of a corporatization mission that seeks only cost savings through blunt budget cuts justified by inflated claims of crisis based on hysterical readings of an increasingly complex table of benchmarks.

The Nous pitch makes it seem as if universities are just like taxis in the early days of Uber. “Transform,” they say. “Renew.” The “… or die” bit is merely implied.

For some politicians and partisans, this crisis narrative is basically what they already think and want to hear about universities. But for many who work in academia, there is an existential threat afoot.

A race to the bottom

“It feels to me like a race to the bottom,” said Rob Kristofferson, president of the Ontario Confederation of University Faculty Associations, who is also a historian at Wilfrid Laurier University in Waterloo, Ont. “We’re losing sight of the fact that universities need to be efficient, but they are not businesses. The faculty that I’ve talked to are very worried about these reviews.

“It’s more profitable to recycle the same solutions over and over again. In fact, we often see the same solutions in the reports we’ve seen,” Kristofferson said.

He said this “endless search of efficiencies distracts from the real problem, which is provincial underfunding.”

Universities know they must operate with care and efficiency, but the savings from strategic management reviews are a “drop in the bucket” compared to what’s needed, Kristofferson said. In not one of the reviews that OCUFA has seen have the recommendations come close to solving the school’s financial sustainability challenges, he said.

“Even if you implemented every recommendation, that university would still be going deep into the red going forward,” Kristofferson said.

So, like it or hate it, the idea is to take this old model of academia and make it new and efficient, relying heavily on data to track newly designated performance benchmarks, like a running report card that compares each ivory tower against the others in what Kennedy calls a “common language.”

One fundamental problem is that universities won’t ever be new again. There is no blank slate for a new vision, as at some plucky startup. Universities in general are older than constitutional monarchy, and some of Canada’s universities are older than Canada itself. They are not just stuck in their ways. They are embedded into economies, social structures, cities, provinces, civilization.

So, if a global consulting firm manages to create a large, streamlined university that runs according to corporate principles and evaluates its progress toward its goals via a proprietary model for benchmark tracking, juiced by artificial intelligence, and if it does all this inside of five years, that’s not “renewal.” That’s just “new.”

Nous’s “renewal” therefore looks more like reinvention, and not everyone in Canadian academia is OK with that project, or with outsourcing it to Bay Street suits.

How the Nous model works

When Nous comes to campus and gets down to work, it goes something like this: First, there is a contract. National Post has obtained the Client Services Agreement between Queen’s University and Nous Group Holdings, signed by Durnin in December 2023.

It says Nous will create a “transformation roadmap” that includes developing “an overarching narrative” of a “case for change” to guide the “sequencing and timing of major initiatives required to achieve the stated goals.”

It says Nous will create a “transformation office” to centrally co-ordinate this and promote “a single view of change.”

This agreement lists a pre-tax total price of $172,800.

But that is not all Nous offers. The Post has also obtained the extensively redacted Subscription Services Agreement between Queen’s and Cubane Consulting, which covers data collection, post-submission data review, a service effectiveness survey, and an overall services review workshop.

Nous bought Cubane and its survey system UniForum in 2021 after using it for several years.

This was the primary reason Nous was controversial on Canadian campuses before it even arrived. For example, in 2019, the use of UniForum surveys at the University of Toronto led to a union grievance and settlement. It ruled librarians did not have to submit to the survey or, indeed, as they saw it, to snitch on allegedly underperforming colleagues. In England, at University College London, academics similarly circulated a standard reply text to justify their unified refusal to take part in the survey, on similar grounds.

The agreement describes the legal terms for how Queen’s joined Cubane’s University Operations Forum on Dec. 1, 2023.

UniForum is described in the contract as “a private forum for Universities who want to work together to improve efficiency and effectiveness of support services at their University. The Forum provides the means to collaborate in structured studies with the support of facilitators. The objectives of the studies are to improve the efficiency and effectiveness of support services operations at the Participating Universities.”

These include (but are not limited to) universities in Australia and New Zealand as well as Canada, the contract says.

Some universities hire Nous for consulting but do not join UniForum, and vice versa, Kennedy said. But often they are bought as a complementary package.

National Post has obtained one of these UniForum surveys, which was taken of administrators at a Canadian university.

Offering a scale from “less important” to “critical,” it asks the respondent to say how important various services and supports are to their work. It also asks them to measure their present satisfaction.

These include financial services, such as support to prepare and use budgets, manage accounts and annual reports, and access to preferred suppliers “for tendering for major equipment or services.”

The survey asks the same about the university’s marketing to Canadian undergraduate students and recruiting of graduate students; support in running websites; and “support for developing and managing marketing material and accessing media coverage for my unit.”

It asks about support in applying for grants; complying with research integrity and ethics rules; commercializing research and legal support for research agreements.

It asks about information technology support, building maintenance and general office administration, such as buying materials and services for day-to-day work, co-ordinating travel details, and managing university-issued credit cards and personal expenses.

It asks about support in managing discipline and grievances, exams and special consideration processes, and monitoring graduate students’ progress in research programs from thesis to examination.

It asks, in short, about everything a university administrator might do.

It asks about everything. The results, therefore, are a measure of everything. Or so seems the promise. Somewhere in those results lies a way to make universities fiscally sound. Somewhere in those numbers is a problem to which “renewal” is the solution.

To use the common corporate metaphor of fat, flesh and bone, this survey purports to be a scan to bring the fat into focus. Then you just cut it out.

Durnin insists that the benchmarks don’t give you answers, they just help you ask the right questions.

But a reputation as villainous bean-counters is at least a reputation. Things were looking good for the business of offering crisis advice to broke universities.

“Canada offers an exciting growth opportunity for Nous and I am thrilled that we are able to expand our team there,” said Tim Orton, the Australian founder and managing director of Nous Group, in October 2020. How could a man with a name like that fail to succeed in Canada?

“Our higher-education clients in Canada are already experiencing the benefits of our expertise, developed over more than 20 years, and we look forward to welcoming more clients in that sector and others,” Orton said.

Durnin said they initially saw the Canadian landscape as historically well-funded, but on a downward trajectory that did not look like it would ever get better. For a consultancy, that’s a rosy picture. And it has held up. Canadian universities are still in crisis. Dalhousie University, for example, which joined UniForum in 2022, issued a lockout notice to faculty on Aug. 20 over a contract dispute spurred by a budget deficit.

Deb Verhoeven is a professor of women’s and gender studies at the University of Alberta who has closely followed Nous’s growth both in her native Australia and in Canada.

She describes a new rhythm settling into universities, especially the University of Alberta, in which middle-ranking administrators feel their fate is “informally tethered to the top dog,” and so there is a general sense of precarity, in which nothing is certain because senior management is just going to change again in a few years.

University leadership is becoming a class apart, she said, no longer senior academics who have risen through the campus ranks, but more like movable CEOs.

She argues that this process of “managerialization” is accelerated when the all-important benchmark data is considered the property of senior administrators.

Kennedy acknowledges a cultural change in university leadership, especially in the role of the provost, once a stepping-stone toward the top office, now more of a mercenary position, destined for a “one and done” term of employment as the person to blame for hard cost-cutting decisions.

‘Nousferatu’ or the vampire

Long before Nous got tagged with the Nousferatu nickname, the vampire metaphor was frequently summoned in criticism of big money institutions such as universities and banks.

Karl Marx, the original critic of capitalism’s Gothic dark side, wrote that “Capital is dead labour, which, vampire-like, lives only by sucking living labour, and lives the more, the more labour it sucks.”

The writer Matt Taibbi famously described investment bank Goldman Sachs in Rolling Stone magazine in 2010 as “a great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money.”

Similarly, Verhoeven and colleague Ben Eltham applied the metaphor to Nous after observing its early work in Australia and Alberta, and drawing a crucial distinction between vampires and zombies.

In a 2024 edition of the journal Review of Education, Pedagogy and Cultural Studies, they wrote: “Universities and management consultants are locked in a danse macabre … a mutually dependent relationship designed to sustain each other at the expense of the public.”

“We question the implicit proposal of a pre-history of university innocence corrupted by brutal exterior forces into unrecognizable monstrosities,” they wrote. “Rather than see universities or academics as victims of involuntary transformation who have retreated into sordid states of survival, we might wonder at the ways in which universities, and many managerial academics, have actively participated in the systems that now characterize these workplaces.”

In other words, the fate of the modern Canadian university experience, in which every school hires the same consultancy for the same kind of renewal, is not a zombie story about some foreign virus infecting pure minds, evacuating their brains.

Quite the contrary. It’s a vampire story, about vice-chancellors being promised new life indefinitely, endless renewal, in exchange for blood.

Zombies bring about wastelands devoid of humanity. But “vampires work together to reestablish the systems they menace, and this makes them especially useful for understanding the mutually beneficial role of consultants in the processes of corporatization of public institutions like universities,” Verhoeven and Eltham wrote. You can’t just blame the vampire. Their victims invited their own fate and paid handsomely for it.

So, as they expose their necks to consultants, the danger to Canada’s top universities is not that they could become brain-dead. It is that they could become consultancies.


Graham Brown, president of Toronto Revolver Club, at the club's shooting range, in Toronto, on June 7, 2022.

Toronto’s last shooting range has won a legal battle against Ontario’s chief firearms officer.

The Toronto Revolver Club (TRC) took the province’s chief firearms officer (CFO) to Ontario’s Superior Court of Justice after a 2024 inspection where the Ontario Provincial Police inspector who holds the position visited the 120-year-old non-profit’s facility and issued a new shooting range approval containing several conditions.

“One of these conditions required the closure of two of the TRC’s ten firing lanes for safety reasons,” Justice Shaun Nakatsuru wrote in a recent decision.

But the judge found the CFO “has no authority to attach conditions to the shooting range approval,” according to his decision dated Aug. 25.

The court heard that under the Canada Firearms Act, the CFO can revoke the approval entirely for the Revolver Club, thus shutting down the city’s last shooting range. But he doesn’t have the power to attach conditions to an approval.

The CFO told the court that the law implied he has the power to do anything “practically necessary to achieve” the purpose of the act, which “is to enhance public safety.”

The CFO argued “that in this case, conditions are practically necessary to ensure that a shooting club takes appropriate measures with respect to a shooting range’s design and operation to achieve public safety.”

While “courts must refrain from unduly broadening the powers of such regulatory authorities through judicial law‑making, they must also avoid sterilizing these powers through overly technical interpretations of enabling statutes,” lawyers for the CFO argued.

“It is submitted that the power to attach conditions on a shooting range approval should be implied because doing so is necessary to give effect to the object behind the regulatory regime.”

The judge did not agree with that position.

Nakatsuru pointed to the precedent of New Brunswick’s Springfield Sports Club Inc., which had applied for approval to continue to operate its shooting range.

“The process was delegated to the CFO for the Province of New Brunswick. The CFO granted the approval but attached a series of conditions. The New Brunswick Court of Appeal held that the CFO had no authority to impose any conditions,” said the judge.

Nothing in the Firearms Act or its associated regulations “gave (New Brunswick’s) CFO any authority to attach conditions to the approval of the club’s application,” Nakatsuru said.

But he pointed out Ontario’s CFO “is far from powerless in ensuring the objectives of Parliament are met,” said the judge.

If the club doesn’t “shut down two of their firing lanes because of the safety concerns in their design, the CFO can revoke the approval for the entire shooting range,” said the judge.

“This interpretation of the act and regulations is far from being absurd. It is one that protects public safety and yet permits the shooting range to operate for the benefit of its members and public.”

Both sides in this legal squabble “agree that there is no express statutory or regulatory provision that allows the CFO to attach conditions to a shooting range approval,” said the judge.

The Firearms Act “limits the CFO’s authority on approval of a shooting range to ensuring the applicant meets specific operational requirements in its application,” Nakatsuru said.

“The CFO’s jurisdiction is limited to ensuring the key information in the application is accurate and that the shooting range complies with the regulation.”

This, the judge said, “is in stark contrast to the express authority given to a chief firearms officer (in the Firearms Act) to impose conditions, for instance, on a licence or an authorization to carry or transport firearms.”

The Supreme Court has ruled “that the existence of a ‘gap’ in the powers granted to a regulator or tribunal does not require the implication of a power to fill that gap, since the legislative scheme in question ‘could just as easily be read to mean that Parliament intended the gap to exist,’” Nakatsuru said.

“In my opinion, that is the case here.”

According to the judge, “permitting conditional shooting range approvals risks the exercise of discretion by the CFO unguided by regulatory boundaries. Said differently, a discretionary power in these circumstances may lead to the imposition of conditions with only a tenuous connection, if any, to the objectives of the act. For example, a condition restricting the hours of operation of a shooting range on religious holidays.”

In Nakatsuru’s view, “Parliament has chosen an ‘upstream’ solution by not permitting a discretion in the first place.”

The judge ordered the province’s chief firearms officer to pay the club’s $7,500 legal tab.

Toronto Revolver Club President Graham Brown wouldn’t agree Wednesday to an interview about the matter.

“We have no comment to make on the court case at this time, which is still subject to a possible appeal,” Brown said in an email.

Ontario’s CFO did not respond immediately to a request for comment late Wednesday.

The Toronto Revolver Club dubs itself the oldest handgun club in Canada.

Founded in 1905, the club “has operated its current range for more than 70 years, and has had thousands of members including athletes contending nationally and abroad in firearms competitions,” Nakatsuru said.

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