Applicant
Respondent
Other
- Parties: The applicants were Jennifer Eichenberg, David Bot, Leonard Walker, Burlington Rifle and Revolver Club, Montreal Firearms Recreation Centre, Inc., O’Dell Engineering Ltd. 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. 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 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 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.
Court
Federal CourtCase Number
T-905-20Practice Area
Constitutional lawAmount
$ 0Winner
RespondentTrial Start Date
11 August 2020Download documents