(Sometimes differences on historical issues cannot be contained in the comments section. This exchange follows up on an earlier post by R. Blake Brown on gun rights in Canada. A response to that post by John Robson, and Brown’s reply, follow. We would like to thank our two authors for their willingness to participate in this sort of exchange.)
John Robson’s response:
It is flattering that R. Blake Brown responded on Activehistory to my recent article “The Right to Bear Arms” published in the Autumn/Winter 2016 Dorchester Review, to which I am a contributing editor. His Arming and Disarming is a scrupulously researched book I found helpful in the documentary from which my article was drawn. But I must protest that he misrepresents my argument in several important ways.
He expends considerable energy demolishing the claim that Canadians today enjoy a constitutionally protected right to bear arms enforceable through the courts. But I never made any such assertion. In the documentary we show the opposite, in part citing the case involving Donna and Bruce Montague that he also mentions. And I make it plain throughout the Dorchester Review piece that such a claim is now met with derision and bafflement particularly within the Canadian government. (Which, it seems necessary to stress in the face of frequent media references to “the government” losing a court case, is expressly declared in the Constitution Act 1867 to consist of three branches, the executive, legislative and judiciary.)
What I do say, and here Brown misrepresents my argument largely by omission, is that we did long enjoy this right as part of a robust protection of individual rights inherited from Britain that was the foundation of our success as a nation. If we have recently discarded that inheritance, on matters from free speech to property to self-defence, we ought at least to acknowledge that doing so represents a dramatic change of course even if we support that change. Continue reading