PRACTICE |
Pleadings |
Motion to Strike |
9037-9694 Québec Inc. v. Canada (Attorney General)
T-1034-02
2002 FCT 849, Lemieux J.
9/8/02
23 pp.
Applicant 9037-9694 Québec Inc., also known as Morin Sport, holder of business firearms permit issued by Quebec chief firearms officer pursuant to Firearms Act--On November 22, 2001, permit revoked by Gisèle Telmosse, firearms officer designated by chief firearms officer, on ground Morin Sport had infringed several provisions of Act and Regulations--Nonetheless, Morin Sport continued to sell, purchase firearms with approval of chief firearms officer, his representatives--On July 9, 2002, Morin Sport filed application for judicial review in Federal Court for declaration decision of November 22, 2001 not binding--In response, Attorney General of Canada filed motion to strike out Morin Sport's application for judicial review on ground Court lacking jurisdiction, since chief firearms officer not "federal board, commission or other tribunal" pursuant to Federal Court Act, s. 2--Motion to strike filed by Attorney General of Canada, supported by Attorney General of Québec, well founded--Persons responsible for implementing Act with respect to issuing, revoking firearms licences not "federal board, commission or other tribunal" covered by application for judicial review under Federal Court Act, s. 18-- Parliament creating exclusion in definition of "federal board, commission or other tribunal", even though agency or person exercising jurisdiction or powers conferred by or under Act of Parliament--Parliament considering judicial review of decisions of provincial administrators should be through courts of province, not Federal Court--Gisèle Telmosse employee of Quebec, appointed by Quebec legislation-- Exclusion made by Parliament in definition of "federal board, commission or other tribunal" applying--This Court lacking jurisdiction to rule on application for judicial review by Morin Sport-- Motion to strike filed by Attorney General of Canada granted--With respect to interim relief, balance of convenience clearly favouring respondent--One factor to be considered in this balance, public interest--In Reference re: Firearms Act (Can.), [2000] 1 S.C.R. 783, S.C.C. emphasizing pith, substance of Act to promote public safety--Public interest in integrity of firearms supervision system taking priority over Morin Sport's private interest in continuing to operate business--Morin Sport not providing clear, convincing evidence of irreparable harm--Motion to strike granted, motion for interim relief dismissed--Firearms Act, S.C. 1995, c. 39--Federal Court Act, R.S.C., 1985, c. F-7, ss. 2 "federal board, commission or other tribunal" (as am. by S.C. 1990, c. 8, s. 1; 2001, c. 6, s. 115; 2002, c. 8, s. 15), 18 (as am. by S.C. 1990, c. 8, s. 4; 2002, c. 8, s. 26).