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Court File No.:
FEDERAL COURT
BETWEEN:
JENNIFER EICHENBERG, DAVID BOT, LEONARD WALKER,
BURLINGTON RIFLE AND REVOLVER CLUB, MONTREAL FIREARMS
RECREATION CENTRE, INC., O'DELL ENGINEERING LTD.
Applicants
and
ATTORNEY GENERAL OF CANADA
Respondent
APPLICATION UNDER sections 18 and 18.1 of the Federal Courts Act, RSC 1985, c F-7.
NOTICE OF APPLICATION FOR JUDICIAL REVIEW
TO THE RESPONDENT:
A PROCEEDING HAS BEEN COMMENCED by the Applicants. The relief claimed by the
Applicants appears on the following pages.
THIS APPLICATION will be heard by the Court at a time and place to be fixed by the Judicial
Administrator. Unless the Court orders otherwise, the place of hearing will be as requested by
the Applicants. The Applicants requests that this application be heard at Ottawa.
IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the
application or to be served with any documents in the application, you or a solicitor acting for
you must file a notice of appearance in Form 305 prescribed by the Federal Courts Rules and
serve it on the Applicants’ solicitor WITHIN 10 DAYS after being served with this Notice of
Application.
Copies of the Federal Courts Rules, information concerning the local offices of the Court and
other necessary information may be obtained on request to the Administrator of this Court at
Ottawa (telephone 613-992-4238) or at any local office.
IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR
ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.
August 11, 2020
Issued by: ____________________________
(Registry Officer)
Federal Court of Canada
Thomas D'Arcy McGee Building
90 Sparks Street, 5th floor
Ottawa, Ontario
K1A 0H9
Tel: 613-992-4238
Fax: 613-947-2141
TO: Natalie G. Drouin
Deputy Attorney General of Canada
284 Wellington Street
Ottawa, ON, KlA OH8
Tel: 613-957-4998
Fax: 613-941-2279
Solicitor for the Respondents
CONTENTS
Application .................................................................................................................................... 1
1. Relief Sought....................................................................................................................... 1
(a) Relief regarding the OIC and Regulation ..................................................................... 1
2. The grounds for the application are: ............................................................................... 2
(a) The Parties .................................................................................................................... 2
Jennifer Eichenberg ............................................................................................................ 2
Leonard Walker .................................................................................................................. 3
David Bot & Burlington Rifle and Revolver Club ............................................................. 4
Montreal Firearms Recreation Centre, Inc. ......................................................................... 5
O'Dell Engineering Ltd. ...................................................................................................... 5
The Attorney General of Canada ........................................................................................ 6
RCMP & Registrar of Firearms .......................................................................................... 6
(b) Regulation is ultra vires the enabling statute ............................................................... 7
(c) Improper delegation of authority .................................................................................. 9
(d) Failure to comply with WTO notice requirements ..................................................... 11
(e) Denying existing rights ............................................................................................... 11
(f) Amnesty Order ........................................................................................................... 12
(g) Legislation, regulations and enactments ..................................................................... 13
3. Request for Material from the Tribunal ....................................................................... 14
4. Motion for Extension for Affidavits .............................................................................. 16
1
APPLICATION
1. This is an application for judicial review in respect of Order in Council 2020-298 (the
“OIC”) which makes Regulations Amending the Regulations Prescribing Certain Firearms and
Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines,
Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, SOR/2020-96 (the
“Regulation”). On May 1, 2020, the Governor in Council via the OIC promulgated the
Regulation by publication in the Canada Gazette. The Regulation prescribes as prohibited a large
number of previously non-restricted or restricted firearms.
2. Furthermore, subsequent to the proclamation of the OIC, the RCMP has made hundreds
of amendments and additions to the Firearms Reference Table (the “FRT”) many of which do
not relate to the prohibited firearms listed on the OIC, but are now listed as prohibited weapons.
The amendments and additions were made without lawful authority and without regard to the
limitations of the FRT.
3. As a result of the Governor in Council going beyond its statutory mandate, not providing
notice as required by the World Trade Organization (“WTO”), and denying firearms certificate
holders existing rights, the Order in Council 2020-298 and Regulation are invalid, unlawful and
ultra vires the Criminal Code and should be quashed.
1. Relief Sought
(a) Relief regarding the OIC and Regulation
4. The Applicant makes application for:
a. A declaration that the OIC is invalid, unlawful and ultra vires the Criminal Code
and therefore of no force and effect;
b. An order quashing the OIC and Regulation;
c. Disclosure from the Governor in Council, of all information relied on in forming
the decision that, in their opinion, the affected firearms are not reasonable for use
in Canada for hunting or sporting purposes, pursuant to Rule 317 of the Federal
Courts Rules;
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d. A declaration that the firearms prohibited as a result of the Regulation, or a subset
of those firearms, are reasonable for use in Canada for hunting or sporting
purposes, and that the firearms if so declared, and all variants and modified
versions of them, are classified as restricted or non-restricted for all purposes as
was originally the case.
e. A declaration that some or all of the amendments made to the FRT, as a result of
the OIC and Regulation, were arbitrarily made without lawful authority and that
such amendments or additions should be excised from the FRT.
f. An order for an Extension of Time to file supporting affidavits and documents
pursuant to Rule 8 of the Federal Courts Rules.
g. The costs of this application; and
h. Such further and other relief as counsel may request and this Honourable Court
may permit.
2. The grounds for the application are:
(a) The Parties
Jennifer Eichenberg
5. The Applicant Jennifer Eichenberg is an individual who resides in London, Ontario. She
is 49 years of age. She is married and has three children, the youngest of whom has complex
medical needs. She does not have a criminal record. She works as a high school teacher.
6. Ms. Eichenberg is licensed federally to possess and acquire firearms including restricted
firearms. She has been a firearm owner for twelve years. She owns and previously used firearms
which were not prohibited prior to May 1, 2020, but are prohibited now as a result of the OIC
and the Regulation.
7. Ms. Eichenberg is an avid sports shooter and is directly affected in her sporting life as a
result of the OIC. The newly prohibited firearms can no longer be sold, transported or used for
3
hunting or sport shooting. As a result, Ms. Eichenberg’s affected firearms have lost all value and
it is unclear when, if ever, she will be able to obtain compensation for this loss.
8. Ms. Eichenberg has not received notice pursuant to the Firearms Act that her registration
certificates for the affected firearms have been revoked. Accordingly, she is unable to bring a
reference pursuant to s. 74 of the Firearms Act to challenge the revocation.
Leonard Walker
9. Leonard (Len) Walker is 69 years of age and resides in the City of Greater Sudbury. He
holds a Bachelor of Arts Degree (Sociology) from McMaster University and a Doctor of
Jurisprudence Degree from the Faculty of Law at the University of Windsor.
10. Mr. Walker is an Assistant Crown Attorney with the Ministry of the Attorney General
(Ontario) and has been so continuously since 2001. He is retiring from this position on October
30, 2020 and returning to private practice as a criminal lawyer. He has been a lawyer since April
6, 1983, and been licensed by the Law Society of Ontario continuously since that date to the
present. Mr. Walker is an Adjunct Professor of Criminal Law with the Department of Forensic
Science at Laurentian University where he has been an instructor in Criminal Law from 2008 to
2018. He is a past instructor in the Law of Homicide for the Ontario Police College from 2005 to
2018.
11. Mr. Walker possesses a federal firearms licence (PAL) allowing him to possess and
acquire non-restricted and restricted firearms. He has been continuously licensed to possess and
acquire firearms by the federal government since 1987. He is a member, past Director and
President of the International Practical Shooting Confederation (Ontario). Mr. Walker is a
qualified Chief Range Officer with the National Range Officer's Institute. He is a member and
past Director and Vice-President of the Crean Hill Gun Club in Worthington, Ontario.
12. He is directly affected by the OIC. The federal government has identified three of his
former restricted semi-automatic firearms as prohibited weapons. Those firearms now have no
value.
4
David Bot & Burlington Rifle and Revolver Club
13. David Bot is an individual who resides in Burlington, Ontario. He is the president of the
Burlington Rifle and Revolver Club (“BRRC”).
14. Mr. Bot is licensed federally to possess and acquire firearms including restricted firearms.
He has been a firearm owner for twelve years. He owns and previously used firearms which were
not prohibited prior to May 1, 2020, but are prohibited now as a result of the OIC and the
Regulation.
15. Mr. Bot has not received notice pursuant to the Firearms Act that his registration
certificates for the affected firearms have been revoked. Accordingly, he is unable to bring a
reference pursuant to s. 74 of the Firearms Act to challenge the revocation.
16. The BRRC is a non-profit club incorporated and registered with the province of Ontario.
The BRRC is a recreational and competitive rifle and revolver club established in 1954 whose
aim is to promote the safe handling of firearms. The BRRC currently has a membership in excess
of 1,800.
17. The BRRC is an approved shooting range under the Firearms Act. It serves the
Burlington and surrounding area. It has an indoor 50-yard range with 11 ports and instructors
registered with Canadian Firearms Institute and Shooting Federation of Canada.
18. The BRRC is a multiple discipline club, offering Bullseye, International Practical
Shooting Confederation, Rifle, Metallic Silhouette, Black Powder, Air Rifle, Cowboy, and
Precision Pistol Competition. It has a different league running each day of the week at its range.
19. The BRRC is directly affected by the OIC and Regulation and has a genuine interest in
whether the Regulation is valid. Many of its members used firearms, which are now prohibited
by the Regulation, at the BRRC range for sport shooting. Many of the sport shooting leagues run
at the BRRC feature the use of firearms, which are now prohibited by the Regulation.
5
Montreal Firearms Recreation Centre, Inc.
20. Montreal Firearms Recreational Centre, Inc. or Centre récréatif d'armes à feu de Montréal
inc. (“CRAFM”) is Québec company. CRAFM is owned by Frank Nardi who is also its
President.
21. CRAFM is federally licensed to obtain, import, sell, distribute and service prohibited,
restricted and non-restricted firearms, ammunition and accessories. Montreal Firearms
Recreation Centre, Inc. also owns and operates the Montreal Shooting Club, a federally licensed
shooting range under the Firearms Act.
22. CRAFM is in possession of approximately $200,000 worth of firearms that were
classified as prohibited on May 1, 2020 by the federal government. All of those firearms were
formally restricted or non-restricted. Mr. Nardi cannot sell, use, return or transfer those firearms
and his business has suffered a total loss of the value of those firearms as a result. CRAFM is
also in possession of approximately $65,000 in accessories for those same firearms along with
approximately $80,000 worth of compatible ammunition for those prohibited firearms.
23. Mr. Nardi is a firearms owner personally. He holds a federal firearms licence which
authorizes him to possess and acquire restricted and non-restricted firearms. He is an active
competitor in sport shooting in pistol, shotgun and rifle. He is a member of the International
Practical Shooting Confederation and has been so since 1993. Mr. Nardi is the President of the
International Practical Shooting Confederation (Québec) and the Treasurer of the International
Practical Shooting Confederation (Canada). The International Practical Shooting Confederation
(Québec) currently has about 600 members.
O'Dell Engineering Ltd.
24. O'Dell Engineering Ltd. is a company based in Puslinch, Ontario. Its founder is Phil
O’Dell. Mr. O'Dell is a Licensed Professional Engineer in the Province of Ontario from 1987 to
the present. He is also a Colt Canada Factory Trained and Authorized Armourer, a Steyr
Mannlicher Factory Trained Service Armourer, a Glock Certified Armourer, a Bergara/CVA
Authorized Warranty Technician and a Rock Island Armoury Authorized Warranty Technician.
25. Mr. O'Dell is a current or past member of:
6
a. the Firearms Technical Committee (2000 to the 2006), Department of Justice
(Federal);
b. the Import and Export Committee, Canada, (2001 to the 2006); and,
c. the Firearms Technical Committee (2014 to the present), Department of Public
Safety (Canada).
26. O'Dell Engineering is involved in several enterprises but also is an importer and
distributor of firearms, ammunition and related gear. O'Dell Engineering holds a federal licence
firearms business licence and has been issued a 5 year Letter Format International Import
Certificate by Global Affairs Canada for unlimited importation of firearms, ammunition and
related goods from the United States into Canada. The firearms import and distribution business
component of O'Dell Engineering brings in approximately $6 million in annual sales. Companies
from which O'Dell Engineering imports firearms into Canada include Armscor/Rock Island
Armory, Derya, Bergara, CVA, Khan Arms, Ermox, Tisas, F-1 Firearms, Radical Firearms and
Anderson Manufacturing.
27. As a result of the firearms ban, Mr. O’Dell has suffered personal losses of approximately
$150,000, business inventory losses in excess of $250,000 approximately $2,500,000 in annual
recurring business (at current levels, this business sector was growing over 10% per year at the
time of the ban).
The Attorney General of Canada
28. The Respondents are Her Majesty the Queen (in right of Canada) and the RCMP, as
represented by the Attorney General of Canada on behalf of the Governor General in Council
(GIC)
RCMP & Registrar of Firearms
29. The RCMP operates the Canadian Firearms Program. One of its main activities is to
manage the FRT. The RCMP purports to classify firearms as non-restricted, restricted, or
prohibited. The classification of firearms as restricted or prohibited weapons are inputted into the
FRT.
7
30. The live version of the FRT is not a public document and can only be accessed by law
enforcement and other licenced individuals including manufacturers and retailers of firearms.
The public has access to a non-live static version in the form of a PDF that is updated from time
to time.
31. The FRT is the resource that law enforcement uses to determine whether a gun owner is
in contravention of the Criminal Code with regard to restricted and prohibited firearms. The FRT
is continually updated by the RCMP.
32. Since May 1, 2020, the RCMP has re-classified the firearms listed in the Regulation from
their prior classification in the FRT of non-restricted or restricted, to prohibited. In addition, the
RCMP has been identifying purported variants of the firearms listed in the Regulation and re-
classifying those as prohibited. The RCMP has further been re-classifying firearms as prohibited
weapons that are not contemplated by the OIC or Regulation and has done so without notice to
the public or firearms dealers.
33. The Registrar of Firearms (referred to as the Registrar in the Firearms Act), is the
authority in charge of maintaining the records of the Canadian Firearms Program, including the
issuance, and revocation of registration certificates.
(b) Regulation is ultra vires the enabling statute
34. The Executive branch can make regulations by way of an Order in Council. Executive
legislation like this is not subject to the same Parliamentary scrutiny as laws passed by the
Legislative branch. For this reason, it is important that regulations are created and promulgated
in the correct manner, means and form for the purpose contemplated by Parliament in the
regulation making authority.
35. The authority of the Governor in Council to make regulations prohibiting firearms is set
out at sections 84(1) and 117.15(1) of the Criminal Code. This authority is subject to a limitation
set out in s. 117.15(2):
In making regulations, the Governor in Council may not prescribe any thing to be a
prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a
prohibited device of prohibited ammunition if, in the opinion of the Governor in Council,
8
the thing to be prescribed is reasonable for use in Canada for hunting or sporting
purposes.
36. Parliament made it clear that firearms that are reasonable for use in Canada for hunting or
sporting purposes are not to be prescribed as prohibited.
37. On May 1, 2020, the Governor in Council bypassed Parliament and, via the OIC,
promulgated the Regulation by publication in the Canada Gazette. The Regulation prescribes as
prohibited approximately 1,500 manufacturers’ models of firearms that were previously non-
restricted or restricted firearms. The Regulation also includes an unknown number of “variants
and modified versions” of the listed firearms.
38. Many of the newly prohibited firearms, however, are reasonable for use in Canada for
hunting or sporting purposes. For years, these firearms have:
a. been imported legally into Canada as hunting and sporting firearms and approved
for sporting or hunting use by the CBSA;
b. sold legally in Canada as hunting and/or sporting firearms;
c. regulated in Canada as hunting and/or sporting firearms; and
d. been traditionally used in Canada for hunting and sport shooting.
e. been traditionally used by Canadian athletes in the Olympics.
39. As a result of the Regulation, anyone in previously lawful possession of a newly
prohibited firearm must, subject to certain limited exceptions, immediately cease using it. A prior
lawful owner of a newly prohibited firearm is now subject to all of the associated penalties
stipulated in the Criminal Code, including imprisonment and prohibition orders.
40. The decision of the Governor in Council that, in their opinion, the affected firearms are
not “reasonable for use in Canada for hunting or sporting purposes” is unreasonable, arbitrary
and unsupported by the evidence. The Governor in Council must interpret the scope of its
regulation-making authority in a manner that is tenable in light of relevant factual and legal
constraints and based on internal coherent reasoning.
41. The Regulatory Impact Analysis Statement refers to prohibiting 1,500 models of “assault-
style firearms”. It states:
9
The newly prescribed firearms are primarily designed for military or paramilitary
purposes with the capability of injuring, immobilizing or killing humans in large numbers
within a short period of time given the basic characteristics they possess, such as a
tactical or military design and capability of holding a quickly reloadable large-capacity
magazine.
42. But the juridical problem is that there is no legal definition of an “assault-style firearm”
and the newly prohibited firearms are not suitable or designed for warfare. First, the newly
prohibited firearms are not fully automatic. Second, they have a five cartridge magazine capacity
mandated by federal law. The Canadian Armed Forces uses fully automatic weapons with large
magazine capacity and Canadian police have firearms that typically have thirty cartridge
magazines.
43. The approach taken in the present case stands in contrast to Bill C-71 which received
Royal Assent on June 21, 2019. Bill C-71 also added new firearms to the prohibited category,
but did so by way of a legislative change in Parliament and the Senate.
44. By way of the Regulation, the Governor in Council has overstepped the statutory
mandate as limited by s. 117.15(2) and created a regulation that is inconsistent with the enabling
statute.
(c) Improper delegation of authority
45. A person or body to whom authority is delegated by a statute cannot accomplish by
regulation what is not authorized or could not be done under the statute itself. There are
fundamental limits that apply to the Governor in Council’s enactment of the Regulation and any
related sub-delegation, which the Governor in Council has violated. Law-making has to be done
according to law, including government.
46. Sections 84(1) and 117.15 of the Criminal Code provide the only source of authority by
which the Governor in Council may form an opinion regarding a firearm as not reasonable for
use in Canada for hunting or sporting purposes and prescribe it as prohibited. No other source of
authority to define and prescribe this classification exists. The Governor in Council is not
authorized to delegate the authority to anyone else – it is a non-delegable power.
10
47. In addition to providing lists of specific designs of firearms to be prohibited, the
Regulation refer to “any variants or modified versions”. Again, the juridical problem is that
“variant” is undefined.
48. Since May 1, 2020, the RCMP has self-re-classified the firearms listed in the Regulation
from their prior classification in the FRT of non-restricted or restricted, to prohibited weapons.
The RCMP has also been identifying purported variants of the firearms listed in the Regulation
and re-classifying those as prohibited. The RCMP has therefore re-classified firearms as
prohibited even though they were not specified by name in the OIC.
49. The RCMP is not authorized by the Criminal Code, or otherwise, to classify firearms as
restricted or prohibited. Rather, that power is delegated solely to the GIC and subject to the limits
in s. 117.15.
50. By using imprecise and vague language, the Regulation pointedly allows for an
undetermined and growing list of firearms to be prohibited. Further, by allowing the RCMP to
prohibit any firearm it deems to be a variant or modified version of a firearm is an impermissible
delegation of authority and results in the prohibition of firearms contrary to s. 117.15(2).
Firearms that are reasonable for use in Canada for hunting or sporting purposes are being
prohibited by the RCMP even though they were not explicitly prescribed as such by the
Governor in Council.
51. Furthermore, by using the phrase “any variants or modified versions”, which is undefined
and nondescript, the Regulation creates the risk of criminality liability, arrest and detention for
persons who have no ability to ascertain which firearms may fit within that classification as
determined by the RCMP without public notice and without opportunity to respond.
52. Since May 1, 2020, the RCMP has re-classified hundreds of firearms and devices as
prohibited weapons, apparently on the basis that those items are variants of the firearms and
devices set out the Regulation. But in fact there is no objective basis for such reclassification.
The number of re-classified items continues to grow. As of July 20, 2020, the FRT has a total of
44,881 unique entries by firearms reference number.
11
53. The Governor in Council is circumventing s. 117.15(2) by prohibiting firearms in an
imprecise and vague manner that then allows the RCMP to improperly further prohibit an even
much larger number of firearms.
(d) Failure to comply with WTO notice requirements
54. As a member of the World Trade Organization (“WTO”), Canada must also comply with
notification obligations before making regulations that could have an impact on trade. The
Regulation has a significant impact on trade by prohibiting a large number of firearms that have
been consistently imported for years for hunting and/or sporting purposes. However, the
Government of Canada failed to give notice as required by the WTO and wrongly claimed in its
Regulatory Impact Analysis Statement that it qualifies for an exception to giving notice.
55. The Governor in Council claims urgency as the basis for using a less transparent process.
The claimed urgency is contradicted in other aspects of the government process and government
reasoning, such as the Amnesty Order and the suggested grandfathering provision. There is also
evidence of planning and premeditation for months, if not years in advance, which run contrary
to any claims of urgency.
(e) Denying existing rights
56. The Regulation significantly impacts hundreds of thousands of Canadians, including
lawful owners of the newly prohibited firearms, retailers, training facilities, and target and
shooting ranges, clubs and associations, importers, manufacturers, sport shooters, and hunters.
57. Pursuant to the Firearms Act, the Registrar of Firearms has the authority to issue and to
revoke licences and certificates. Section 74 of the Firearms Act provides that a person affected
by a decision of the Registrar may refer the matter to provincial court for review. It also provides
for subsequent appeals to a superior court and Court of Appeal.
58. The legal effect of the Regulation, however, is to administratively cancel the affected
firearms registrations as “restricted firearms”. The certificate is purportedly cancelled under
sections 13 and 66 of the Firearms Act. The RCMP states that “previous registration certificates
are automatically nullified and are therefore no longer valid.” As a result, the licensee no longer
has a licence permitting them to possess the newly prohibited firearm.
12
59. There is no notice of revocation of registration as required by section 72 of the Firearms
Act sent because the revocation or cancellation was not a decision of the Registrar of Firearms.
As a result of this process, the licensee has no ability to apply to a court, pursuant to section 74
of the Firearms Act, for a review of the decision.
60. By prohibiting a large number of firearms by way of regulation, the Government of
Canada has purportedly nullified the registration certificates of thousands of firearms owners
without following the legislated procedure for doing so. As no new registration certificates have
been issued regarding firearms that are now prohibited, certificate holders are unable to
challenge such prohibited reclassification under s. 74. The Governor in Council has improperly
denied the existing rights of those affected by the Regulation intended by Parliament to be
available to its citizens.
(f) Amnesty Order
61. Section 117.14 of the Criminal Code allows the Governor in Council to provide for an
amnesty period. The Regulation was accompanied by the Order Declaring an Amnesty Period
(2020), SOR/2020-97 (“Amnesty Order”).
62. The Amnesty Order allows for the continued legal possession of the newly prohibited
firearms by a legal owner for the limited purpose of coming into compliance with the Regulation
through disposal of the firearm. The amnesty period expires April 30, 2022.
63. The Amnesty Order also allows for the continued use of a newly prohibited firearm,
which was previously classified as non-restricted, for hunting in the exercise of a right
recognized and affirmed by section 35 of the Constitution Act, 1982 or to sustain the person or
their family, until they are able to obtain another firearm for those purposes.
64. By providing an exception for use for Indigenous peoples exercising Aboriginal or treaty
rights to hunt, and for those who hunt or trap to sustain themselves or their families, the
Governor in Council is necessarily acknowledging that the newly prohibited firearms continue to
be firearms that are reasonable for use in Canada for hunting or sporting purposes. The newly
prohibited firearms are either reasonable for use for hunting and sporting or they are not. The
Governor in Council cannot support both opinions at once.
13
(g) Legislation, regulations and enactments
65. The Applicants rely on the following legislation, regulations, documents and enactments:
a. Sections 2, 84(1), 91-95, 117.11, 117.14, 117.15 of the Criminal Code.
b. Sections 12, 13, 19, 66, 70-77, 82-83 of the Firearms Act.
c. Sections 18(1) and 18.1(1) of the Federal Courts Act.
d. Regulations Amending Regulations Prescribing Certain Firearms and Other
Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines,
Ammunition and Projectiles as Prohibited, Restricted, or Non-Restricted,
SOR/2020-96.
e. Order Declaring an Amnesty Period (2020), SOR/2020-97.
f. Mandate Letter from Prime Minister Justice Trudeau to Minister Bill Blair of
December 13, 2019.
g. Such further and other authorities and legislation as counsel may advise and this
Honourable Court may accept.
This application will be supported by the following material:
66. The following Affidavits and exhibits thereto, to be filed:
a. Ms. Jennifer Eichenberg;
b. Mr. David Bot;
c. Mr. Francis Nardi;
d. Mr. Philip O'Dell;
e. Mr. Leonard Walker;
f. Mr. David Huta;
14
g. Mr. Zak Whittamore; and
h. Other affidavit evidence, including affidavits from experts and fact witnesses, to
be filed.
67. Such further and other evidence as counsel may advise and this Honourable Court may
permit.
3. Request for Material from the Tribunal
68. Pursuant to Rule 317 of the Federal Courts Rules, the Applicants request from the
Attorney General of Canada and the Governor in Council to send a certified copy of the
following materials that are not in the possession of the Applicants, but are in the possession of
the Attorney General of Canada, the Governor in Council, the RCMP and departments of the
Government of Canada, collectively referred to as the Government of Canada, to the Applicants
and the Registry:
All records, including but in no way limited to research, analysis, policy papers, briefing
reports, studies, proposals, presentations, reports, memos, opinions, advice, letters, emails
and any other communications that were prepared, commissioned, considered or received
by the Government of Canada in relation to:
a. The OIC.
b. The Regulation.
c. The Amnesty Order.
d. The Regulatory Impact Analysis Statement, including but in no way limited to:
i. The public engagement referred to under “Consultation” in the Regulatory
Impact Analysis Statement on the issue of banning handguns and assault-
style firearms that took place between October 2018 and February 2019.
ii. The engagement referred to under “Modern treaty obligations and
Indigenous engagement and consultation” in the Regulatory Impact
15
Analysis Statement on the issue of limited access to handguns and assault-
style firearms that took place between fall 2018 and spring 2019.
iii. The costs associated with implementing a buy-back program and
grandfathering regime.
iv. The impacts on the approximate 2.2 million individual firearms licence
holders in Canada and 1.4 million Canadians that participate in legal sport
shooting.
v. The impacts and costs on the hunting industry, sport shooting industry,
and other private businesses in Canada including businesses that have
historically manufactured, imported, or sold the firearms prohibited by the
Regulation.
vi. The Government of Canada’s decision not to give advance notice under
the WTO’s Technical Barriers to Trade Agreement or not to adhere to
other WTO notice requirements.
vii. The rationale for the Regulation.
viii. Implementation, compliance and enforcement, and service standards.
e. Decisions made since May 1, 2020 by the RCMP in relation to the Regulation,
including numerous changes to the classification or determination of variants or
modified versions of firearms listed in the Regulation, and all Firearms Reference
Tables and Reports in connection with same.
f. Parliament, Parliamentary committee, or Legislative drafters, which concerned
the Order in Council, Regulation, and the Amnesty Order, including reports made
pursuant to the Statutory Instruments Act.
g. All correspondence, letters, emails, and any other communications related to the
Order in Council, Regulation, and the Amnesty Order between the Government of
Canada and:
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i. The Governor General in Council.
ii. The Prime Minister of Canada.
iii. The Privy Council Office.
iv. The RCMP, including the SFSS.
v. The Department of Justice.
vi. Global Affairs Canada.
vii. Crown Indigenous and Northern Affairs Canada.
viii. The Provinces and Territories of Canada, including the Chief Firearms
Officer of each Province and Territory.
ix. The elected, appointed or hereditary representatives of First Nations and
Indigenous people of Canada.
x. The municipalities of Canada.
4. Motion for Extension for Affidavits
69. The Applicants apply for an extension of time to file and serve their supporting Affidavits
and documentary exhibits pursuant to Rule 8 of the Federal Courts Rules, for the following
reasons:
a. Pursuant to Rule 306 of the Federal Courts Rules, the Applicant shall serve its
supporting Affidavits and documentary exhibits within 30 days of filing its Notice
of Application;
b. The matters raised in this Application are of national importance, are complex,
and require significant factual and expert evidence. Accordingly, additional time
is required to prepare the necessary Affidavits;
17
c. COVID-19 has created and will continue to create obstacles to the Applicants in
preparing all of the Affidavit and documentary evidence they intend to rely upon;
d. The Applicants fully intend to pursue this Application;
e. The Application has merit;
f. There will be no prejudice to the Respondent as a result of the delay; and
g. An extension of time is required to allow the Applicants to present their case and
provide this Honourable Court will all relevant evidence and full argument.
August 11, 2020
___________________________
___________________________
SUPREME ADVOCACY LLP
340 Gilmour Street
Ottawa, ON K2P 0R3
Eugene Meehan, Q.C.
Thomas Slade
Tel.: (613) 695-8855
Fax: (613) 695-8580
Solicitors for the Applicants
18
Court File No.:
FEDERAL COURT
BETWEEN:
JENNIFER EICHENBERG, DAVID
BOT, LEONARD WALKER,
BURLINGTON RIFLE AND
REVOLVER CLUB, MONTREAL
FIREARMS RECREATION CENTRE,
INC., O'DELL ENGINEERING LTD.
Applicants
and
ATTORNEY GENERAL OF CANADA
Respondent
NOTICE OF APPLICATION FOR
JUDICIAL REVIEW
SUPREME ADVOCACY LLP
340 Gilmour Street
Ottawa, ON K2P 0R3
Eugene Meehan, Q.C.
Thomas Slade
Tel.: (613) 695-8855
Fax: (613) 695-8580
Solicitors for the Applicants
