R. v. MacKenzie

R. v. MacKenzie

The revocation was cancelled because the viva voce evidence at the s.74 hearing undermined and exposed the unreliability of the hearsay material on which the CFO principally relied; given all relevant evidence the CFO's decision was not reasonable and therefore not justified.

Citation
2004 NSPC 50
Parties
Crown: Her Majesty The Queen; Applicant: Aaron Keith MacKenzie
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 June 2004
Procedural Posture
Firearm Application / Section 74 Review Hearing of CFO Decision
Outcome
Revocation of firearms licence cancelled; CFO decision set aside
Legal Topics
Firearms Licence Revocation, Standard of Review, Public Safety Assessment, Evidentiary Weight of Hearsay, Peace Bond
Source Language
English
Administrative Law Criminal Law Firearms Regulation Firearms Licence Revocation Standard of Review Public Safety Assessment Evidentiary Weight of Hearsay Peace Bond

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Parties

Her Majesty The Queen

Crown

Aaron Keith MacKenzie

Applicant

Procedural Posture

Firearm Application / Section 74 Review Hearing of CFO Decision

Legal Issues

  1. 1 Whether the Chief Firearms Officer's revocation of the applicant's firearms licence was reasonable
  2. 2 Whether the applicant posed a danger to himself or others under s.5(2)(b) and (c) of the Firearms Act
  3. 3 What weight to afford hearsay police-file material versus viva voce testimony

Ratio Decidendi

The revocation was cancelled because the viva voce evidence at the s.74 hearing undermined and exposed the unreliability of the hearsay material on which the CFO principally relied; given all relevant evidence the CFO's decision was not reasonable and therefore not justified.

Court Disposition

Revocation of firearms licence cancelled; CFO decision set aside

Orders

  • Revocation of the firearms licence of Aaron Keith MacKenzie is cancelled pursuant to s.76(c)