North Vancouver-based Disco-Tech Industries Inc. has filed suit against the Attorney General of Canada, alleging that the company has suffered losses after an alleged last-minute rule change barred the import of 800 rifles.
In a statement of claim filed May 18 in BC Supreme Court, Disco-Tech alleges that in 2008 it obtained two international import certificates from Foreign Affairs and International Trade Canada, each for the import of 500 “rifle, semi-automatic, Type 97, 5.56 mm (223 Remington), civilian sporting version, may include up to 500 magazines of 5 or 30 RD capacity, cleaning kit, accessories.”
The company further alleges that, in 2009, it obtained a Firearms Reference Table reference number for a long-barrel Norinco Type 97A rifle from the RCMP. It states that the number legally classified the rifles as a “non-restricted firearm[s].”
However the company claims that after ordering 800 of the rifles soon after, the Canada Border Services Agency inspected the rifles, revoked the classification, created a new one and declared the rifles to be prohibited. The rifles were then detained.
The plaintiff claims that two attempts to have the rifles reclassified failed.
Disco-Tech argues that in 2010, the RCMP sent letters to owners of Norinco Type 97A rifles demanding that they relinquish rifles and offering reimbursement for those who did. The company argues that it, too, is eligible for the compensation but that its demands have been refused.
Through the civil claim, the company is seeking that compensation and additional damages.
“As a result of the wrongful actions of the RCMP and the minister of public safety, the plaintiff has suffered, is suffering, and will continue to suffer loss, damage and special damages expenses,” Disco-Tech claims.
In a response to the civil claim filed June 29, the government denied any wrongdoing and argued that the plaintiff’s imported firearms were not consistent with the description it provided in its application for an international import certificate.
It further argued that, upon inspection, the RCMP determined that there are two versions of the Norinco 97A firearm on the market: a semi-automatic non-restricted sniper rifle and a fully automatic prohibited firearm – such as the ones the plaintiff was trying to import.
The government said it responded to the discovery by creating new Firearms Reference Table reference numbers. It further argued that compensation isn’t due the plaintiff as it was only offered to track down firearms in public circulation, whereas the plaintiff’s weren’t a public safety risk.
The government opposed granting any relief and asked that the action be dismissed with costs.
None of these allegations has been proven in court.
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