Christine Generoux et al. v. His Majesty the King et al.
Christine Generoux
Law Firm / Organization
Self Represented
John Perocchio
Law Firm / Organization
Self Represented
Vincent R.R. Perocchio
Law Firm / Organization
Self Represented
Attorney General of Alberta
Law Firm / Organization
Alberta Justice

- Parties: The applicants were Christine Generoux, John Perocchio, Vincent R.R. Perocchio. 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 listed firearms, variants, modified versions of the listed firearms, and firearms with certain physical characteristics. 

- Ruling: The court ruled in the respondent’s favour and dismissed the applications. The court made the following findings: (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-735-20
Constitutional law
$ 0
Respondent
09 July 2020
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