Wendy Cukier's application as an intervenor to the case filed by the CCFR ( and also filed against every other case )
Court File No. T-577-20
FEDERAL COURT
BETWEEN:
CANADIAN COALITION FOR FIREARM RIGHTS, RODNEY GILTACA, LAURENCE KNOWLES, RYAN STEACY, MACCABEE DEFENSE INC., WOLVERINE SUPPLIES LTD., AND MAGNUM MACHINE LTD.
Applicants
– and –
ATTORNEY GENERAL OF CANADA and CANADA (ROYAL CANADIAN MOUNTED
POLICE)
Respondents
MOTION RECORD – LEAVE TO INTERVENE BY
COALITION FOR GUN CONTROL
June 29, 2020
OSLER, HOSKIN & HARCOURT LLP
Suite 2500, TransCanada Tower
450-1st S.W.
Calgary, AB T2P 5H1
Colin Feasby/Thomas Gelbman/ Carla Breadon Tel: 403-260-7067/403-260-7073/416-862-5904 Fax: 403-260-7024
Solicitors for the Moving Party
Coalition for Gun Control
TO: Laura Warner
Solicitor for the Applicants
Jensen Shawa Solomon Duguid Hawkes LLP
800, 304 – 8th Avenue SW
Calgary, AB T2P 1C2
Phone: 403-571-1052
Fax: 403-571-1528
Email:
warnerl@jssbarristers.ca
AND TO: Michael A. Loberg
Solicitor for the Applicants
Loberg Law
1000 Bankers Hall West
888 - 3rd Street SW
Calgary, AB T2P 5C5
Phone: 403-668-6561
Fax: 403-668-6505
Email:
mloberg@loberg-law.com
AND TO: Bruce Hughson
Jennifer Lee
Jordan Milne
Solicitors for the Respondents
Department of Justice Canada
Prairie Region
National Litigation Sector
300, 10423 - 101 Street NW
Edmonton, AB T5H OE7
Phone: 780-495-2035
Fax: 780-495-8491
Email:
bruce.hughson@justice.gc.ca/
jennifer.lee@justice.gc.ca/
jordan.milne@justice.gc.ca
TABLE OF CONTENTS
TAB PAGE NO.
1. Notice of Motion dated June 29, 2020 1
2. Affidavit of Dr. Wendy Cukier dated June 29, 2020 5
Exhibit A 12
3. Draft Order 23
4. Written Submissions dated June 29, 2020 26
Statutes and Regulations
Federal Courts Rules, SOR/98-106, Rules 3 and 109 Tab A
Regulations Amending the Regulations Prescribing Certain Firearms and
Other Weapons, Components and Parts of Weapons, Accessories, Cartridge
Magazines, Ammunition and Projectiles as Prohibited, Restricted or
Non-Restricted, SOR/2020-96, C Gaz II Tab B
Case Law
Canada (Attorney General) v Pictou Landing First Nation, 2014 FCA 21 Tab C
Canadian Pacific Railway Company v Boutique Jacob Inc., 2006 FCA 426 Tab D
Globalive Wireless Management Corp. v. Public Mobile Inc., 2011 FCA Tab E
Papaschase Indian Band (Descendants of) v. Canada (Attorney General),
2005 ABCA 320 Tab F
Prophet River First Nation v. Canada (Attorney General), 2016 FCA 120 Tab G
Rothmans, Benson & Hedges Inc. v Canada (Attorney General), [1990]
1 FC 74 (TD) Tab H
Rothmans, Benson & Hedges Inc. v Canada (Attorney General), [1990]
1 FC 90 (CA) Tab I
Sport Maska Inc. v Bauer Hockey Corp., 2016 FCA 44 Tab J
1
Court File No. T-577-20
FEDERAL COURT
BETWEEN:
CANADIAN COALITION FOR FIREARM RIGHTS, RODNEY GILTACA, LAURENCE KNOWLES, RYAN STEACY, MACCABEE DEFENSE INC., WOLVERINE SUPPLIES LTD., AND MAGNUM MACHINE LTD.
Applicants
– and –
ATTORNEY GENERAL OF CANADA and CANADA (ROYAL CANADIAN MOUNTED
POLICE)
Respondents
NOTICE OF MOTION
TAKE NOTICE THAT that the proposed intervener, Coalition for Gun Control (the “Coalition”), will make a motion to the Court in writing under Rules 109 and 369 of the Federal Courts Rules, SOR/98-106 (“Rules”).
THE MOTION IS FOR an Order: (i) granting the Coalition leave to intervene in this application pursuant to Rule 109 of the Rules; (ii) permitting the Coalition to file an affidavit providing relevant evidence to support its argument; (iii) permitting the Coalition to file a memorandum of fact and law not exceeding 15 pages; (iv) permitting the Coalition to make oral submissions of up to 30 minutes at the hearing of this application, (v) awarding no costs against the Coalition, and (vi) such further and other Orders this Honourable Court may deem just in the circumstances.
2
THE GROUNDS FOR THE MOTION ARE:
The Coalition is the leading voice on firearm control in Canada. It is a globally recognized non-profit organization that has worked to reduce firearm violence for over thirty years. Its address is P.O. Box 90062, 1488 Queen Street West, Toronto, Ontario M6K 3K3;
This application considers the administrative and constitutional validity of regulations made by the Governor in Council designating certain assault-style firearms, and other firearms that exceed safe civilian use in Canada, as prohibited under the Criminal Code (the Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, SOR/2020-96);
The Coalition seeks leave to intervene to present its perspective on the matters at issue, as an experienced advocate on firearm violence prevention with the support of 200 organizations representing diverse interests in Canada, particularly victims and groups that are disproportionately affected by firearm violence;
The Coalition has a genuine interest in the outcome of this proceeding;
There is a justiciable issue and a veritable public interest;
There is a lack of other reasonable or efficient means for the Coalition to submit the question to the Court;
The Coalition’s position is not adequately defended by one of the parties to the case;
The interests of justice are better served by the Coalition’s intervention;
The Court should not hear and decide the case on its merits without the Coalition’s intervention; and
3
such further and other grounds as counsel may advise and this Honourable Court permit.
THE FOLLOWING DOCUMENTARY EVIDENCE will be relied on:
affidavit of Dr. Wendy Cukier dated June 29, 2020; and
such further and other materials as counsel may advise and this Honourable Court permit.
Dated: June 29, 2020 OSLER, HOSKIN & HARCOURT LLP
Suite 2500, TC Energy Tower
450 – 1st Street SW
Calgary, AB T2P 5H1
Colin Feasby
Tel: 403.260.7067
Email:
cfeasby@osler.com
Thomas Gelbman
Tel: 403.968.9908
Email:
tgelbman@osler.com
Carla Breadon
Tel: 416.862.5904
Email:
cbreadon@osler.com
Fax: 403.260.7024
Lawyers for the Coalition for Gun Control
TO:
Laura Warner
Solicitor for the Applicants
Jensen Shawa Solomon Duguid Hawkes LLP
800, 304 – 8th Avenue SW
Calgary, AB T2P 1C2
Phone: 403-571-1052
Fax: 403-571-1528
Email:
warnerl@jssbarristers.ca
4
AND TO:
Michael A. Loberg
Solicitor for the Applicants
Loberg Law
1000 Bankers Hall West
888 - 3rd Street SW
Calgary, AB T2P 5C5
Phone: 403-668-6561
Fax: 403-668-6505
Email:
mloberg@loberg-law.com
AND TO:
Bruce Hughson
Jennifer Lee
Jordan Milne
Solicitors for the Respondents
Department of Justice Canada
Prairie Region
National Litigation Sector
300, 10423 - 101 Street NW
Edmonton, AB T5H OE7
Phone: 780-495-2035
Fax: 780-495-8491
Email:
bruce.hughson@justice.gc.ca/
jennifer.lee@justice.gc.ca/
jordan.milne@justice.gc.ca
5
Court File No. T-577-20
FEDERAL COURT
BETWEEN:
CANADIAN COALITION FOR FIREARM RIGHTS, RODNEY GILTACA, LAURENCE KNOWLES, RYAN STEACY, MACCABEE DEFENSE INC., WOLVERINE SUPPLIES LTD., AND MAGNUM MACHINE LTD.
Applicants
and
ATTORNEY GENERAL OF CANADA and CANADA (ROYAL CANADIAN MOUNTED POLICE)
Respondents
AFFIDAVIT OF DR. WENDY CUKIER
(June 29, 2020)
L Dr. Wendy Cukier, of Toronto, Ontario. MAKE OATH AND SAY:
I am the President and Co-Founder of the Coalition for Gun Control (the "Coalition"). I have coordinated the Coalition's activities since it was founded in 1991. As such, I have personal knowledge of the matters referred to in this affidavit.
This affidavit is filed in support of the Coalition's motion for leave to intervene in the within proceeding.
OVERVIEW
The within proceeding concerns the validity of the Regulations Amending the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted: SOR/2020-96 (the "Regulation"), made by the Governor in Council under section 117.15 of the Criminal Code.
The Regulation represents a significnat development to firearm control in Canada.
It designates approximately 1,500 models of firearms, weapons, components, accessories, cartridge magazines, ammunition and projectiles exceeding safe civilian use, as prohibited under the Criminal Code.
The Court will consider the administrative and constitutional validity of the Regulation, which was made for the stated purposes of reducing (i) the number and availability of such firearms, and (ii) the possibility of their diversion to the illicit market.
As a globally recognized leader in combating firearm violence and illicit trafficking, the Coalition seeks leave to contribute its perspective on the matters at issue in the proceeding.
If granted leave to intervene, the Coalition will not seek to become a party. It will argue that the Regulation is valid submission and make on the following:
The relationship between the prohibitions in the Regulation and its stated purposes;
The social impacts of the Regulation from the perspective of experts in violence prevention and groups disproportionately affected by firearm violence; and
The Charter implications of the arguments advanced by the applicants, and in particular how they affect the individuals and groups the Regulation serves to protect.
The Coalition also seeks leave to intervene in similar challenges to the Regulation in Federal Court file nos. T-581-20 and T-569-20.
THE COALITION FOR GUN CONTROL
The Coalition is the leading voice on firearm control in Canada. It is a globally recognized non-profit organization that has worked to reduce firearm death, injury and crime for almost thirty years.
I am one of the co-founders of the Coalition, which was formed in the wake of the 1989 Ecole Pol)1echnique massacre in Montreal. Surviving students and family members of victims of the Polytechnique massacre remain involved in the work of the Coalition.
The Coalition's address is P.O. Box 90062, 1488 Queen Street West, Toronto, Ontario, M6K3K3.
The Coalition is supported by over 200 organizations that represent diverse interests, including: victims, women, physicians, law-yers, religious communities, universities, municipal governments, and law enforcement. Many of these organizations have expertise in the prevention of violence and suicide, and represent groups that are disproportionately affected by firearm violence and hate crimes.
Each Coalition supporter has passed a formal resolution endorsing the Coalition's position that military assault weapons and large capacity magazines should be banned.
The Coalition supports the Regulation as an essential step towards reducing firearm violence in Canada.
The Coalition has continued involvement in legislative initiatives, legal proceedings, research projects, education programs and community actions related to firearm safety and violence prevention, in Canada and internationally. As further discussed below, the Coalition has participated in other proceedings pertaining to firearm control in Canada, including as an intervener in two pivotal Supreme Court cases.
THE COALITION'S INTEREST IN THIS APPLICATION
The Coalition has advocated for a ban on military assault weapons and large capacity magazines and supported strategies to reduce firearm death, injury and crime since its inception in 1991. The Coalition's position is that easy access to firearms increases the risk that firearms will
be used in gang violence, domestic violence, hate crimes and suicide,undermines community safety. These risks are more pronounced in the context of military assault weapons, which are designed to inflict mass casualties in a short period of time and are not needed for hunting or other civilian purposes. Most industrialized countries prohibit civilian access to these firearms. Military assault weapons have been used to commit hate crimes against women and minority groups in Canada. Accordingly, the Regulation has advanced a key pillar of the Coalition's mandate.
More generally, the outcome of this proceeding will have an impact on the Coalition's work to prevent firearm violence, and that of the members of the numerous organizations that support the Coalition's work to that end.
THE COALITION'S EXPERTISE AND CONTRIBUTIONS IN CANADA AND INTERNATIONALLY
The Coalition has a unique perspective and considerable expertise on firearm violence, and the development and implementation of strategies to reduce and prevent it.
The Coalition has been granted intervener status in the two seminal Supreme Court cases on firearm control in Canada:
Reference re Firearms Act, 2000 SCC 31, where the Court addressed Parliament's constitutional authority to require holders of all firearms to obtain licences and register their firearms. The Coalition was granted intervener status and made submissions at both stages of application
Quebec (Attorney General) v. Canada (Attorney General), 2015 SCC 14, where the Coalition made submissions on the public safety implications of destroying data following the repeal of the long-gun registry.
As the President of the Coalition, I have also made submissions before the courts in other capacities:
Barbra Schli(er Commemorative Clinic v. Canada, 2014 ONSC 5140, where I gave expert evidence on the gendered impact of firearm violence. The case involved the constitutionality of the legislation that eliminated the long-gun registry.
R. v. Husbands, 2019 ONSC 6824, where I co-drafted and filed a joint "Community Victim Impact" statement in the sentencing proceedings of the individual convicted of a mass shooting at the Eaton Centre. The statement focused on the community impact of shootings in public places, and was received and considered by the judge in his reasons for sentence.
The Coalition has been involved in the development of modem firearm control legislation~\ in Canada for almost thirty years. The Coalition has filed briefs and made submissions before Parliamentary and Senate committees regarding firearms legislation, including Bill C-80 (introduced in 1990), Bill C-17 (introduced in 1991), Bill C-68 (which introduced the Firearms Act in 1995), and subsequent acts to amend the Firearms Act, including, most recently, Bill C-71,
An Act to amend certain Acts and Regulations in relation to flrearms.
The Coalition has participated in consultation processes related to firearm control at the federal, provincial and municipal level, including the consultation process referred to in the Regulation. The Coalition attended a roundtable and bilateral Ministerial meeting convened by the federal government, and the Coalition's involvement is referred to in the Government of Canada's recently published report "Reducing Violent Crime: A Dialogue on Handguns and Assault Weapons".
The Coalition has participated in a number of Canadian government advisory councils including the Advisory Council on Crime Prevention, the Firearms Advisory Committee, and the Small Arms Advisory Committee.
The Coalition has also made significant contributions to global efforts to combat firearm violence. The Coalition is the founding member of the International Action Network on Small Arms, a group with partner organizations in 23 countries across the world. Representatives of the Coalition have made submissions at several United Nations meetings, including sessions of the Commission on the Status of Women and the Programme of Action on Small Arms. The Coalition has also advised foreign governments on strategies for reducing firearm violence, including the development and implementation of firearm control legislation in South Africa and Sir Thomas Thorp's review of firearms legislation in New Zealand.
A detailed list of the Coalition's work is attached as Exhibit A to this affidavit.
E.THE COALITION'S PROPOSED SUBMISSIONS
The Coalition seeks leave to (i) file an affidavit providing relevant evidence to support its argument, (ii) file written submissions of no more than] 5 pages and (iii) make oral submissions of no more than 30 minutes at the hearing of the application.
The Coalition undertakes to (i) coordinate with the respondents' counsel to ensure that there is no duplication in oral argument, and (ii) refrain from raising any new issues.
The Coalition will not seek costs and asks that it not be held liable for the costs of any other party or intervener as it seeks to contribute to the development of this important area of Canadian law.
SWORN I AFFIRMED BEFORE ME over video teleconference this 29th day of June, 2020. The affiant was located in Toronto, Ontario and the Commissioner was located in the Toronto, Ontario. The affidavit was commissioned remotely as a result of COVID-19.