Waye v. Nova Scotia (Public Firearms Office)

Waye v. Nova Scotia (Public Firearms Office)

The appropriate standard of review is reasonableness and the CFO’s interpretation of s.3(c) — that it requires provincial laws authorizing use/training to use restricted firearms for trapping and Nova Scotia has none — was within the range of reasonable outcomes; therefore the refusal to issue the authorization was reasonable and the judicial review is dismissed.

Citation
2013 NSSC 148
Parties
Applicant: Laurie Richard Waye; Respondent Chief Firearms Officer for Nova Scotia: Allan B. Hearn
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 May 2013
Procedural Posture
Judicial Review / Decision
Outcome
Application for judicial review dismissed
Legal Topics
Authorization to Carry, Standard of Review, Reasonableness, Provincial Licensing for Trappers, Interpretation of Regulations
Source Language
English
Administrative Law Firearms Law Statutory Interpretation Public Law Authorization to Carry Standard of Review Reasonableness Provincial Licensing for Trappers +1 more

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Parties

Laurie Richard Waye

Applicant

Allan B. Hearn

Respondent Chief Firearms Officer for Nova Scotia

Procedural Posture

Judicial Review / Decision

Legal Issues

  1. 1 What is the appropriate standard of review for a CFO decision refusing an authorization to carry restricted firearms?
  2. 2 Whether s.3(c) of the Authorizations to Carry Regulations permits an authorization to carry where the individual is licensed as a trapper under provincial law but the province has no law authorizing use of restricted firearms for trapping.
  3. 3 Whether the CFO’s refusal was reasonable in light of the Firearms Act and regulations.

Ratio Decidendi

The appropriate standard of review is reasonableness and the CFO’s interpretation of s.3(c) — that it requires provincial laws authorizing use/training to use restricted firearms for trapping and Nova Scotia has none — was within the range of reasonable outcomes; therefore the refusal to issue the authorization was reasonable and the judicial review is dismissed.

Court Disposition

Application for judicial review dismissed

Orders

  • Judicial review dismissed
  • Decision of the Chief Firearms Officer dated January 11, 2013 upheld