Highly unlikely. The SCC decision appears to be a striking down of a statutory bar to judicial review of a particular sort of decision; previously the law was that that decision could not be challenged in court at all.It will be intersting to see if this ruling has any impact on the upcoming SCC case opposing the ongoing firearms bans. In previous hearings, the Liberal GoC lawyers argued that the evidence used in the decisions to enact these bans were covered by Cabinet confidence and not subject to examination.
Cabinet confidence doesn’t preclude legal actions from going forward; it means that cabinet can have certain information excluded from proceedings, and there’s nothing court can do beyond considering whether the material properly falls within that confidence. If it does, there’s no mechanism to overrule cabinet confidence. While it’s a common law legal principle historically, it’s also codified in section 39 of the Canada Evidence Act.
Anyone wanting to challenge firearms bans may do so, they just may not be able to get all material that they want tendered as evidence.
