This article was last updated on April 16, 2022
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The Conservative government has been ordered by the federal court to turn in the backup of Quebec’s long-gun registry in light of the growing fear expressed by the Canada’s information commissioner that the data could otherwise be deleted. The court order is being deemed as an early victory for Information Commissioner Suzanne Legault’s office as it prepares to present a larger Charter challenge against the Conservative government’s move to retroactively shield registry data from the Access to Information Act.
The court has passed the orders despite a written assurance from Public Safety Minister Steven Blaney’s office that the data would be preserved. The lawyer representing Legault’s office, Richard Dearden, stated that “I don’t take comfort in an assurance not to destroy records when there’s destruction plans ongoing at the same time and, in fact, destruction did occur.” He added that “it’s beyond me how it’s possible that all the records for all the other provinces got destroyed in the face of an active access to information request . . . . That troubles me.”
In a surprising move, the Conservative government scrapped the long-gun registry in October 2011 after winning a majority in the federal election, but the registry data is still subjected to the Access to Information Act. In a previous court filings, Legault has mentioned that former public safety minister, Vic Toews, reminded earlier in 2012 that the data would have to be preserved for previously filed requests.
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