Tomlinson v. Canada ( Attorney General )
T-929-94
Jerome A.C.J.
29/1/96
5 pp.
Application for certiorari or mandamus-Commissioner of RCMP's refusing to issue registration certificates to applicants for refusing to agree to submit to periodic inspections of premises where restricted firearms stored-Applications also seeking declaration Criminal Code, ss. 84(1) and 116(1)(i) infringing Charter, s. 8 right to be secure against unreasonable search or seizure-Application dismissed- Commissioner's decision subject to judicial review as affecting gun collectors' rights to keep restricted weapons- Genuine Gun Collector Regulations establishing conditions and limits of inspection-Charter argument attacking constitutional effects of legislation must be supported by factual basis whereas arguments which attack purpose of legislation need not be so supported-Purpose of gun registration legislation to ensure safe storage of restricted weapons kept in homes of gun collectors, not to ensure free entry into homes and offices of those lawfully possessing restricted firearms-Regulations adequately protecting privacy of gun collectors-Criminal Code, R.S.C., 1985, c. C-46, ss. 84(1) (as am. by R.S.C., 1985 (1st Supp.), c. 27, ss. 185, 186; S.C. 1991, c. 40, s. 2; 1995, c. 39, s. 139), 116(1)(i) (as am. by S.C. 1991, c. 28, s. 11; c. 40, ss. 28, 41; 1995, c. 39, s. 139)-Genuine Gun Collector Regulations, SOR/92-435, s. 7.