What is the evidentiary test for a reference under the Firearms Act?
Ontario, Canada
The following excerpt is from McCabe and Easton v. Nichol et al., 2021 ONSC 7052 (CanLII):
The strict evidentiary rules that apply in a criminal proceeding do not apply at a reference under the Firearms Act. I refer to the decision of Joshi v. Attorney General of Ontario, reported at 2021 ONSC 2161 at para. 7: 7. At the hearing of a reference in the Ontario Court of Justice, the judge is required to hear all relevant evidence, including hearsay evidence presented on behalf of the Chief Firearm’s Officer, Registrar or provincial minister and the citizen.
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