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Quebec (AG) v Canada (AG)
is a Canadian constitutional law case concerning the federal government's ability to destroy information related to the Canadian long-gun registry pursuant to the federal criminal law power.
== Background ==
In 1995, Parliament passed the ''Firearms Act'', which required long gun owners to register their guns. The Supreme Court found that the ''Act'' was ''intra vires'' the federal criminal law power.〔SCC, par. 5〕 In 2012, Parliament repealed the requirement to register long guns through the ''Ending the Long-gun Registry Act'' (''ELRA'') and sought to delete the information in its registry. The province of Quebec, wishing to create and maintain its own long gun registry, requested that the federal government share the data it had collected about Quebec long gun owners. When the federal government declined to share the information, Quebec argued that section 29 of the ''ELRA'', the provision disbanding the long gun registry, was ''ultra vires'' the federal government.〔SCC, par. 8〕
At trial in the Superior Court of Quebec, the trial judge found that section 29 was unconstitutional as it violated the principle of cooperative federalism given that Quebec had take part in "gathering, analyzing, organizing, and modifying" the data in question.〔SCC, par. 82〕 The trial judge required the federal government to share the information with Quebec.〔SCC, par. 9–10〕
Upon appeal to the Court of Appeal of Quebec, Hesler CJQ, writing for a unanimous court, allowed the appeal, holding that since the federal government had the power to create the firearm registry per the ''Reference re Firearms Act'', they would also have the power to dismantle it.〔SCC, par. 11–14〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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