I have written profusely about Québec’s attempt to obtain from the federal government the Québec-related data accumulated in the now-defunct federal long-gun registry. (My summary of the claim is here, and my comments on it are here.) Québec’s claim is based, in effect, on its alleged co-ownership of the data; it does assert that the abolition of the gun registry by Parliament is itself unconstitutional.
But, as I have now learned, there is another case going on, in Ontario, in which the plaintiff asserts just that. The Barbara Shlifer Commemorative Clinic, an NGO which assists women who are victims of domestic violence, contends that the abolition of the gun registry violates the Canadian Charter of Rights and Freedoms, more specifically its guarantees of security of the person (s. 7) and equality (s. 15), by disproportionately exposing women to an increased risk of firearm violence.
The federal government has moved to quash the application as disclosing no reasonable cause of action; this motion has been argued, but no decision has yet been delivered. The clinic has filed a motion for an injunction to prevent the destruction of the gun-registry data pending a decision on the merits, which will be argued in September. Furthermore, the City of Toronto has asked for leave to intervene in support of the application. The federal government opposed that motion, but it has now been granted by the Superior Court of Justice, in Barbara Shlifer Commemorative Clinic v. Canada, 2012 ONSC 4539 (the decision from which I learned about the case).
I will be following the developments in this case with interest.