SUPREME COURT OF NOVA SCOTIA
Citation: Nova Scotia (Attorney General) v. Russell, 2012 NSSC 251
Date: 20120725
Docket: BWT.370844
Registry: Bridgewater
Between:
The Attorney General of Nova Scotia,
representing her Majesty the Queen in the
Right of the Province of Nova Scotia
Appellant
v.
Cameron Wayne Russell
Respondent
LIBRARY HEADING
Judge: The Honourable Justice C. Richard Coughlan
Subject: Civil Law - Offences against public order - Weapons -
cancellation of revocation of Firearms License
Summary: The Chief Firearms Officer for Nova Scotia revoked the
applicant’s Firearms Registration Certificate. The applicant
applied to the Provincial Court for an order cancelling the revocation. The Provincial Court Judge cancelled the revocation. The judge in interpreting s. 5(2) of the Firearms Act considered he was only permitted to look at the applicant’s
behaviour in the five years prior to the decision to revoke. The
Crown appealed the cancellation of the revocation.
Issue: Does Section 5(2) of the Firearms Act limited the scope of inquiry to the factors set out in the section?
Result: Section 5(2) of the Act requires a firearms officer, or a judge on a reference, to consider the enumerated factors which occurred in the previous five year period. The firearms officer or judge is free to consider, in addition to the enumerated factors, other events or circumstances whether within or outside the five year period. As the judge did not consider evidence which he ought to have considered, a rehearing of the reference is required.
The appeal is allowed and remitted to the Provincial Court for
rehearing.
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