The Applicant applied for an order to cancel the revocation of his firearms licence by a firearms officer, arguing that the revocation was unreasonable because the officer’s investigation was procedurally flawed and violated the rules of natural justice. The Court dismissed the application, finding that there was no obligation under the Firearms Act for the officer to disclose the case against the Applicant and to provide him with an opportunity to be heard before the officer made his decision.

28. August 2007 0
Administrative law – Decisions of administrative tribunals – Firearms Officer – Firearms – licences – Judicial review – Procedural requirements and fairness – Natural justice – Bias – Compliance with legislation – Standard of review – Reasonableness simpliciter McDonald (Re), [2007] B.C.J. No. 1318, British Columbia Provincial Court, June 13, 2007, A.E. Rounthwaite The Applicant applied for ...

A handgun owner (the “Owner”), who did not have a registration certificate for the handgun in question (the “Handgun”), was ordered, within 30 days, to surrender his handgun to a peace officer. The Court found the Owner ineligible to hold a registration certificate pursuant to sections 13 and 69 of the Firearms Act. New legislation deemed the Handgun prohibited and the amnesty period had expired.

28. August 2007 0
Administrative law – Decisions of administrative tribunals – Firearms Officer – Firearms registration – licences – Judicial review – Interpretation of legislation – Standard of review of provincial court R. v. Buhrs, [2007] A.J. No. 734, Alberta Provincial Court, June 29, 2007, M.G. Allen Prov. Ct. J. The Owner applied pursuant to section 74 of the Firearms ...

The Court overturned the decision of a Provincial Court Judge who had reversed the decision of a Firearms Officer and directed that the Respondent be given a licence to possess and acquire firearms

24. May 2005 0
Administrative law – Decisions of administrative tribunals – Firearms Officer – Judicial review – Evidence – Judicial notice – Standard of review – Correctness Canada (Chief Firearms Officer for the Province of Alberta) v. Pogson, [2005] A.J. No. 281, Alberta Court of Queen’s Bench, March 14, 2005, Slatter J. The Respondent had applied for a firearms ...

An Indian (“Pogson”) within the meaning of the Indian Act successfully applied for a reference under s.74(1) of the Firearms Act (the “Act”) to overturn the decision of a delegate of the Chief Firearms Officer who had rejected her application for a licence to possess and acquire non restricted firearms.

25. May 2004 0
Administrative law – Aboriginal issues – Firearms – licences – Infringement on Aboriginal rights – Decisions of administrative tribunals – Firearms Officer – Judicial review – Compliance with legislation – Procedural requirements and fairness – Evidence – Judicial notice Pogson v. Alberta (Chief Firearms Officer), [2004] A.J. No. 248, Alberta Provincial Court, March 1, 2004, Demetrick Prov. ...