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FIREARMS CONTROL - References - Firearms registration system

Thursday, January 14, 2021 @ 6:25 AM  

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Application by Wyville for a reference under s. 74(1) of the Firearms Act. Wyville maintained his firearm qualifications for his long-standing employment in the Canadian Armed Forces. He had a firearm registration certificate that allowed him to possess a restricted firearm, namely a semi-automatic rifle. In 2020, Wyville was informed by the Registrar of Firearms that due to regulatory changes, his semi-automatic rifle was reclassified as prohibited and his previous registration certificate was automatically nullified.

HELD: Application dismissed. The Registrar did not decide to nullify Wyville’s registration certificate and had no choice in the matter. The decision was made by the government of Canada when it passed regulatory changes. The firearms registration certificate was nullified by operation of law. The Registrar did not make a decision that a provincial court judge had jurisdiction to review.

R. v. Wyville, [2020] O.J. No. 5186, Ontario Court of Justice, G.J. Griffin J., November 27, 2020. Digest No. TLD-January112021008