Today Justice O’Marra decided that our application for subpoenas (of the Firearms Registrar and Director of the Canadian Firearms Program) must be quashed. His reasoning is that a s. 74 reference is not a criminal proceeding because none of the applicants are charged with criminal offenses, and therefore sections 698-699 of the Criminal Code – which relate to the… Read More »
As per the schedule established at the Case Management Conference of Sept. 22, 2021, affidavits for the Application hearing were filed on Oct. 1. Affidavit of Travis Bader, affirmed October 1, 2021 Affidavit of Matt DeMille, affirmed September 30, 2021 Affidavit of Keith Cunningham, affirmed September 30, 2021 Affidavit of Linda Miller, affirmed… Read More »
The Ontario members of our group making a section 74 application (for judicial review of the cancellation of registration certificates) had filed a motion to subpoena the Firearms Registrar, who would then appear personally in court and be cross-examined. The AGC in turn had filed an application to quash these subpoenas. On September 23, Justice O’Marra of… Read More »
On September 22, a Case Management Conference was held (by video) to discuss and set dates for the various actions for moving the case forward. The following dates came out of the meeting: Oct. 1, 2021 – Applicants’ affidavits Dec. 10, 2021 – Respondents’ affidavits Jan. 21, 2022 – Cross-examinations Feb. 21, 2022 – Applicant’s Records… Read More »
The first day of the first Ontario Section 74 reference hearing under Justice J. Chaffe went smoothly. AGC lawyers first cross-examined our team’s expert witness Mr. Travis Bader. In the afternoon three of the six Section 74 applicants were cross-examined by the AGC. Many of the AGC’s questions were devoted to identifying the firearms listed… Read More »
As reported back in March 2021, several members of our group residing in Ontario have applied together for a Section 74 reference. This is the procedure outlined in the Firearms Act for requesting that a Provincial Court Judge review the cancellation of the registration certificates of restricted firearms affected by the May 2020 bans. This… Read More »
The government’s lawyers are now essentially telling the Associate Chief Justice Gagné that they are not going to comply with the disclosure order. They are arguing that they don’t have to provide the information, producing a new document from the Clerk of the Privy Council certifying that the information we requested falls under Cabinet Privilege. The deadline… Read More »
Several months ago, we made a motion to the Court for an Order compelling the government to produce the information and documents that they relied on in passing the May 1, 2020 Order in Council. In other words, we wanted to see what information the government had used to conclude that the guns banned by the OIC were… Read More »
We lost another ally this spring. Laurence Knowles perished in a fishing boat accident off Moresby Island in Haida Gwaii in March. He was one of the applicants in the CCFR vs AGC case. We offer belated but sincere condolences to his family.
Six of the nine from our group are involved in a section 74 reference application in Ontario. This is separate from our federal case (and funding for the Federal Case is not used for the section 74 reference). The section 74 reference application pertains to the Registrar of Firearms “registration nullification” letter which we received in… Read More »