The Crown brought applications for certiorari and under s. 37 of the Canada Evidence Act regarding a provincial court judge's disclosure order in a s. 74 Firearms Act reference hearing.
The respondents' firearms registration certificates had been nullified following a May 2020 Order in Council.
The provincial court judge ordered disclosure of the computer algorithm used to identify the affected firearms.
The Superior Court dismissed the certiorari application, finding the provincial court judge had jurisdiction to conduct the hearing and order disclosure.
On the s. 37 application, the court varied the disclosure order, prohibiting the release of specific computer code due to public safety risks, but ordering disclosure of general information about the scripts' creation and the Registrar's involvement.
