The applicant, a clinic providing services to victims of domestic violence, brought an application challenging the constitutionality of the federal government's repeal of the long-gun registry under sections 7 and 15 of the Charter.
The respondents moved to strike the application under Rule 21 for disclosing no reasonable cause of action.
The applicant moved for an interlocutory injunction to prevent the destruction of the registry data pending the hearing of the application.
The court dismissed the respondents' motion to strike, finding the claims were not plainly and obviously doomed to fail given the novelty of the issues.
However, the court also dismissed the applicant's motion for an interlocutory injunction, concluding that while there was a serious issue to be tried, the evidence of irreparable harm was weak and the balance of convenience favoured the public interest in the enacted legislation.
