Court of Appeal

Judges:

Fichaud, Farrar and Scanlan, JJ.A.

Appeal Heard:

November 27, 2013, in Halifax, Nova Scotia

Subject:

Judicial review of Chief Firearms Officer’s Denial of Authorization to Carry a firearm under the Firearms Act of Canada

Summary:

Mr. Waye wished to use a .22 calibre handgun in connection with his occupation as a licensed trapper.  He needed an Authorization to Carry under the Firearms Act of Canada. The Chief Firearms Officer denied Mr. Waye’s application for the Authorization.  A judge of the Supreme Court of Nova Scotia denied Mr. Waye’s application for judicial review.  Mr. Waye appealed to the Court of Appeal.

Issue:

Did the judge err in selecting the reasonableness standard of review or in her conclusion that the Chief Firearms Officer’s conclusion was reasonable?

Result:

The Court of Appeal dismissed the appeal.  The judge correctly selected and applied the reasonableness standard of review.  The Chief Firearms Officer’s ruling was within the range of permissible outcomes under his authority from s. 20 of the Firearms Act and Regulation 3 of the Authorizations to Carry Restricted Firearms and Certain Handguns Regulations under the Firearms Act, and was consistent with the provisions of the Wildlife Act of Nova Scotia and the Firearm and Bow Regulations under the Wildlife Act.