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 issuance of subpoenas – do not apply. In effect, this means that you cannot subpoena witnesses on a s. 74 reference. Justice O’Marra did not comment on the two earlier decisions cited in our submission that refer to subpoenas being issued.
Justice O’Marra did not make any order as to costs.
The section 74 reference hearings themselves remain scheduled for November 17-18, 2021.