ADMINISTRATIVE LAW |
Judicial Review |
Injunctions |
Saskatchewan First Nations and Indian Bands v. Canada (Attorney General)
A-603-02
2004 FCA 34, Sharlow J.A.
26/1/04
6 pp.
Appeal from Motion Judge's dismissal of application for interlocutory injunction prohibiting Crown from applying Firearms Act (Act) to appellants in respect of purchase, possession or use of "ordinary firearm" for exercise of their Aboriginal hunting and harvesting rights--Motion Judge dismissed application on basis appellants failed to establish irreparable harm--Even accepting appellants' claim compliance with Act would result in irreparable breach of treaty rights, public interest in permitting government officials to administer Act as they think fit outweighs appellants' objective in challenging constitutionality of Act--To grant injunction would create vacuum of authority with respect to possession and use of firearms--Appeal dismissed--Firearms Act, S.C. 1995, c. 39.