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JR - SOR - Exceptions - Constitutional (2). Canadian Coalition for Firearm Rights v. Canada (Attorney General)
In Canadian Coalition for Firearm Rights v. Canada (Attorney General) (Fed CA, 2025) the Federal Court of Appeal dismissed four consolidated appeals, here from dismissals from "six applications for judicial review of the 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 Regulations)".
Here the court considers the JR SOR for constitutional (here, Charter) issues:[31] Finally, there is no dispute between the parties that the standard of review for constitutional questions is correctness: see Union of Correctional Officers – Syndicat des agents correctionnels du Canada – CSN (UCCO-SACC-CSN v. Canada (Attorney General), 2019 FCA 212 at paras. 17 and 21. That being said, I agree with counsel for the AGC that this assertion must be nuanced in light of the recent decision of the Supreme Court in Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13 [Société des casinos]. In that case, a unanimous court agreed that correctness applies only to questions of law and constitutionally significant findings of mixed fact and law. However, pure findings of fact that can be isolated from the constitutional analysis are owed deference: Société des casinos at paras. 45 and 97. . Thibault and Ramsay v. Attorney General of Ontario
In Thibault and Ramsay v. Attorney General of Ontario (Ont Divisional Ct, 2025) the Divisional Court dismissed a JR, this challenging part of an Ontario regulation [Towing and Storage Safety and Enforcement Act, 2021 (TSSEA, 2021), Reg. 167/23] on charter and ultra vires grounds. The regulation provision [Reg. 167/23, s.2(d)(i)] challenged disqualified a person from holding a "tow certificate, tow driver certificate or vehicle storage certificate" if "the person is subject to a court order, conditions of parole or an undertaking to a peace officer prohibiting him or her from, ... possessing a weapon".
The court here simply states the JR SOR for 'Charter issues':[36] The standard of review for the Charter issues is correctness. . Brisco v. Ontario Civilian Police Commission [IMPORTANT]
In Brisco v. Ontario Civilian Police Commission (Ont Divisional Ct, 2025) the Divisional Court dismissed a police officer's JR, here against "a decision of the Ontario Civilian Police Commission, which upheld a hearing officer’s finding that he engaged in misconduct for making a donation to what the hearing officer found to be illegal protests in Ottawa and Windsor" and related penalty.
Here the court nicely states the tricky JR SOR treatment for Charter issues - ie. the correctness exception for 'determination/application' of the Charter, but still the reasonableness standard for Charter 'balancing':[12] The standard of review for whether the Commission failed to recognize the Charter value of freedom of assembly is correctness: York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22, 492 D.L.R. (4th) 613, at paras. 63, and 69. However, the parties agree the balancing of Charter values is reviewable on a reasonableness standard: Doré, at paras. 43-54; Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31, 487 D.L.R. (4th) 631, at para. 60.
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