Michael John Doherty et al v. AGC et al
Michael John Doherty
Law Firm / Organization
Bouchelev Law Professional Corporation
Lawyer(s)

Arkadi Bouchelev

Nils Robert Ek
Law Firm / Organization
Bouchelev Law Professional Corporation
Lawyer(s)

Arkadi Bouchelev

Richard William Robert Delve
Law Firm / Organization
Bouchelev Law Professional Corporation
Lawyer(s)

Arkadi Bouchelev

Christian Rydick Bruhn
Law Firm / Organization
Bouchelev Law Professional Corporation
Lawyer(s)

Arkadi Bouchelev

Philip Alexander McBride
Law Firm / Organization
Bouchelev Law Professional Corporation
Lawyer(s)

Arkadi Bouchelev

Lindsay David Jamieson
Law Firm / Organization
Bouchelev Law Professional Corporation
Lawyer(s)

Arkadi Bouchelev

David Cameron Mayhew
Law Firm / Organization
Bouchelev Law Professional Corporation
Lawyer(s)

Arkadi Bouchelev

Mark Roy Nichol
Law Firm / Organization
Bouchelev Law Professional Corporation
Lawyer(s)

Arkadi Bouchelev

Peter Craig Minuk
Law Firm / Organization
Bouchelev Law Professional Corporation
Lawyer(s)

Arkadi Bouchelev

Attorney General of Alberta
Law Firm / Organization
Alberta Justice

- Parties: The applicants were Michael John Doherty, Nils Robert Ek, Richard William Robert Delve, Christian Rydick Bruhn, Philip Alexander McBride, Lindsay David Jamieson, David Cameron Mayhew, Mark Roy Nichol, and Peter Craig Minuk. The respondent was the Attorney General of Canada. The intervener was the Attorney General of Alberta. 

- Subject Matter: The applications in files T-569-20, T-577-20, T-581-20, T-677-20, T-735-20, and T-905-20 focused on the Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted, or Non-Restricted, SOR/2020-96, promulgated by the Governor in Council on May 1, 2020 under the authority provided in the Criminal Code, 1985. In effect, the Regulations prohibited the possession and use of certain firearms. 

- Ruling: The court ruled in the respondent’s favour and dismissed the applications. The court found: (1) the Order in Council and Regulations were not ultra vires; (2) the Governor in Council did not sub-delegate its statutory grant of authority to prescribe firearms as prohibited; (3) the Governor in Council owed no duty of procedural fairness to firearm owners affected by the Regulations; (4) the Regulations were not vague, overbroad, or arbitrary and did not infringe ss. 7, 8, 11, 15, or 26 of the Charter and the Canadian Bill of Rights. 

- Date: The hearing was set on Oct. 25, 2023. The court released its decision on Oct. 30, 2023. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court awarded no costs. 

Federal Court
T-677-20
Constitutional law
$ 0
Respondent
29 June 2020
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