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Long-gun Registry – application for constitutional challenge

Long-gun Registry - application for constitutional challenge

UPDATE: On September 24, 2015, the Information Commissioner filed supplementary records to the Ontario Superior Court of Justice in her application challenging the constitutionality of the Ending the Long-gun Registry Act (ELRA) as amended by Bill C-59. These include two expert affidavits and a letter from the Ontario Provincial Police confirming that, given the retroactive aspect of the ELRA, which removes any criminal liability, no investigation will be conducted.


The Information Commissioner filed, on June 22, 2015, an application challenging the constitutionality of the Ending the Long-gun Registry Act as amended by Division 18 of Bill C-59. On June 23, 2015, the application made to the Superior Court of Ontario was transferred to the Divisional Court by Justice Hackland of the Superior Court of Ontario.

Read more on the Information Commissioner's application for judicial review against the Minister of Public Safety and Emergency Preparedness in relation to the investigation into an access to information request for the Long-gun Registry.

The Federal Court issued a preservation order on June 22, 2015 which ordered that the virtual copy of the remaining data of the Long-gun Registry be preserved and that the hard drive be delivered to the court by 10 a.m. on June 23, 2015.

The Information Commissioner issued a statement regarding the preservation order where she stated that "This order is an essential milestone to protect the rights conferred by the Access to Information Act until the end of the proceedings."

For more information on the Information Commissioner's investigation, please consult the Commissioner's report Investigation into an Access to Information Request for the Long-gun Registry.