Date: 20130925 Docket: T-1388-13 Citation: 2013 FC 980

Date: 20130925
Docket: T-1388-13
Citation: 2013 FC 980
Ottawa, Ontario, September 25, 2013
PRESENT: The Honourable Mr. Justice Harrington
BETWEEN:
SHAWN BEVINS,
CANADA’S NATIONAL FIREARMS ASSOCIATION,
6497870 CANADA INC.
Applicants
and
REGISTRAR OF FIREARMS ,
FIREARMS COMMISSIONER OF CANADA –
ROYAL CANADIAN MOUNTED POLICE,
QUÉBEC’S CHIEF FIREARMS OFFICER –
ROYAL CANADIAN MOUNTED POLICE,
ATTORNEY GENERAL OF CANADA,
ATTORNEY GENERAL OF QUÉBEC
Respondents
REASONS FOR ORDER AND ORDER



Page: 2
[1] Notwithstanding that Parliament abolished the long-gun registry last year with respect to
non-restricted firearms, and notwithstanding that Parliament called for the destruction of existing
registration records, the Registry is still in operation vis-à-vis Québec residents.
[2] The applicants seek an order from this Court requiring the respondents to obey the law. In
their motion for an interlocutory injunction, they ask that the Registry records be ordered destroyed
and that transfers of non-restricted firearms not be recorded. They put their case on the footing of
very high principle. No one, and certainly not the police, is above the law.
[3] The Registry is still in operation vis-à-vis Québec residents as the Québec government takes
the position that s. 29 of the Ending the Long-gun Registry Act, 2012 SC ch 6, which calls for the
destruction of the Registry records, is unconstitutional. Québec asserts it infringes upon provincial
jurisdiction.
[4] S. 29(1) and (2) of the Act provide:
(1) The Commissioner of
Firearms shall ensure the
destruction as soon as feasible
of all records in the Canadian
Firearms Registry related to the
registration of firearms that are
neither prohibited firearms nor
restricted firearms and all
copies of those records under
the Commissioner’s control.
(2) Each chief firearms officer
shall ensure the destruction as
soon as feasible of all records
(1) Le commissaire aux armes à
feu veille à ce que, dès que
possible, tous les registres et
fichiers relatifs à
l’enregistrement des armes à
feu autres que les armes à feu
prohibées ou les armes à feu à
autorisation restreinte qui se
trouvent dans le Registre
canadien des armes à feu, ainsi
que toute copie de ceux-ci qui
relève de lui soient détruits.
(2) Chaque contrôleur des
armes à feu veille à ce que, dès
que possible, tous les registres
Page: 3
under their control related to the
registration of firearms that are
neither prohibited firearms nor
restricted firearms and all
copies of those records under
their control.
et fichiers relatifs à
l’enregistrement des armes à
feu autres que les armes à feu
prohibées ou les armes à feu à
autorisation restreinte qui
relèvent de lui, ainsi que toute
copie de ceux-ci qui relève de
lui soient détruits.


[5] Québec took proceedings in the Québec Superior Court to have s. 29 declared
unconstitutional. It succeeded. However, the Québec Court of Appeal granted the Attorney General
of Canada’s appeal and refused to stay the operation of its decision. The Attorney General of
Québec has filed an application for leave from the Supreme Court of Canada to appeal that decision,
and to have the effect thereof stayed. That application and motion are pending at the present time.
[6] The Commissioner of the Royal Canadian Mounted Police has written to the applicant,
Mr. Bevins, who is the Executive Vice-President of Canada’s National Firearms Association, to say
that the Government of Canada has agreed to maintain the Québec long-gun registration data until
the Supreme Court has decided on the stay motion.
[7]

 Following a very frank and fulsome discussion with counsel for the applicants, I stated that
although I had concerns with respect to the motion for an interlocutory injunction, the better course
was to stay the proceedings pending the decision of the Supreme Court on the application for leave
and the motion to have the effect of the decision of the Québec Court of Appeal stayed. I said I
would set out my reasons in writing should the applicants wish to take this matter further.
Page: 4

[8] First and foremost, the Attorney General of Québec has the right to seek leave from the
Supreme Court to appeal the decision of the Québec Court of Appeal. It does not fall upon me to
opine on the correctness of the decision from which leave is sought, or to predict what the Supreme
Court will decide. It may or may not grant leave. It may or may not grant a stay. If leave is granted,
the Attorney General of Québec may or may not succeed on the merits. However, if he succeeds on
the merits the decision would be nugatory and moot if in the meantime I ordered the destruction of
the very records he seeks to preserve.
[9] The applicants anticipated that concern and proffered an Amended Notice of Motion which
would leave the records in place for the time being, but which would deny police access thereto.
However, new transfers of non-restricted firearms would not be recorded. The Attorney General of
Canada objected to the amendment on the basis that he would have to seek instructions as to the
implications thereof. On the basis that if Québec ultimately succeeded, I pointed out that there
would be a gaping hole in the records.
[10] S. 50(1)(b) of the Federal Courts Act provides that this Court may, in its discretion, stay
proceedings in the interest of justice.
[11] As an application for leave and a motion for stay are currently before the Supreme Court of
Canada, it would, in my opinion, be entirely inappropriate to order the destruction of the documents
which are at the very heart of those proceedings. The destruction of the records at this moment
would effectively deprive the Government of Québec of its day in Court. I am not prepared to so
order. I would in effect be interfering with the business of the Supreme Court of Canada.
Page: 5
[12] As the motion for an interlocutory injunction is simply stayed, and may be revived, I
consider it appropriate to express my concerns with respect thereto.
THE INTERLOCUTORY INJUNCTION
[13] I am concerned that the granting of an interlocutory injunction would almost leave nothing
left to be decided on the application for a permanent injunction. The matter would be decided on a
preliminary basis without giving the parties the opportunity to provide full records, as contemplated
by rule 300 and following of the Federal Courts Rules, and would require the Court to render a
decision without full benefit of complete submissions from counsel.
[14] There is also the question of standing. Although Mr. Bevins has standing to seek the
destruction of his own records, there is no evidence that he speaks for other Québec gun owners,
said to be some 500,000.
[15] Canada’s Firearms Association would have to establish public interest standing.
[16] The tripartite test for an interlocutory injunction, as set out by the Supreme Court of Canada
in such cases as RJR-MacDonald Inc v Canada (Attorney General), [1994] 1 SCR 311, is wellknown.
The applicant must raise a serious issue, be irreparably harmed if the injunction is not
granted, and must benefit from the balance of convenience.
Page: 6
[17] There certainly appears to be a serious issue: the refusal of the authorities to give effect to an
Act of Parliament.
[18] As to irreparable harm, Mr. Bevins cites privacy issues. However, he himself in this motion
has identified his guns for all the world to see. There might have to be a class proceeding.
[19] The numbered company, a well-known Québec gun dealer carrying on business as
“L’Archerot Plus, le centre d’armes à feu de l’Outaouais” may well lose business as Québec
residents may choose to buy their non-restricted firearms in other provinces where the transaction
will not be recorded. However, a case would have to be made out that an action in damages would
not be a sufficient remedy.
[20] Any harm may well be short-term.
[21] Finally, it would have to be established that the balance of convenience favours the
applicants. A strong argument lies that the balance of convenience favours Québec.
[22] This decision is rendered simultaneously in both official languages as required by s. 20 of
the Official Languages Act.
Page: 7
ORDER
FOR REASONS GIVEN;
THIS COURT ORDERS that:
1. The motion for an interlocutory injunction and all proceedings herein are stayed
pending the decisions of the Supreme Court of Canada in Procureur général du
Québec v Procureur général du Canada (Qué), file 35448 on the Attorney General
of Québec’s application for leave to appeal and to stay the decision of the Québec
Court of Appeal in docket number 500-09-023030-125 (2013 QCCA 1138).
2. Costs in the cause.
“Sean Harrington”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1388-13
STYLE OF CAUSE: SHAWN BEVINS ET AL v
REGISTRAR OF FIREARMS (DIRECTEUR DE
L’ENREGISTREMENT) ET AL
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: SEPTEMBER 19, 2013
REASONS FOR ORDER
AND ORDER: HARRINGTON J.
DATED: SEPTEMBER 25, 2013
APPEARANCES:
Guy Lavergne FOR THE APPLICANTS
Eric Dufour
Suzanne Gauthier
FOR THE RESPONDENTS
QUEBEC’S CHIEF FIREARMS OFFICER
AND ATTORNEY GENERAL OF QUEBEC
Dominique Guimond
Claude Joyal
FOR THE RESPONDENTS
REGISTRAR OF FIREARMS
FIREARMS COMMISSIONER OF CANADA
AND ATTORNEY GENREAL OF CANADA,
SOLICITORS OF RECORD:
Guy Lavergne
St-Lazare, Québec
FOR THE APPLICANTS
Bernard, Roy (Justice -Québec)
Direction générale des affaires
juridiques et législatives
Montreal, Québec
FOR THE RESPONDENTS
QUEBEC’S CHIEF FIREARMS OFFICER
AND ATTORNEY GENERAL OF QUEBEC
Page: 2
William F. Pentney
Deputy Attorney General of Canada
Montreal, Québec
FOR THE RESPONDENTS
REGISTRAR OF FIREARMS
FIREARMS COMMISSIONER OF CANADA
AND ATTORNEY GENREAL OF CANADA,

KREMBIL DISCOVERY TOWER: A NEW HOME FOR GROUNDBREAKING RESEARCH Donate!

Our world-class research centre – the Krembil Discovery Tower – will open this year as the new research space for our scientists, Altum Health and the Tanz Centre for Neurodegenerative Diseases.

This state-of-the-art facility is a $165-million capital project, and will be the beginning of a new era in research for Toronto Western Hospital and Toronto Western Research Institute. The 9-storey building will have 5 floors of dedicated research space. Canada's largest concentration of neurologists, neurologists, neurosurgeons, neuroradiologists and neuroscientists – more than 150 specialists – will work collaboratively in our centre.

Learn more about Krembil Discovery Tower.




donate

A decision was issued today by the Honourable Sean Harrington of the Federal Court in file T-1388-13: IN THE MATTER OF SHAWN BEVINS ET AL. v. REGISTRAR OF FIREARMS ET AL.

A decision was issued today by the Honourable Sean Harrington of the Federal Court in
file T-1388-13:
IN THE MATTER OF SHAWN BEVINS ET AL. v. REGISTRAR OF FIREARMS
ET AL.
Summary: The Court has stayed the motion for an interlocutory injunction and all
proceedings herein pending the decision of the Supreme Court of Canada on the Attorney
General of Quebec’s application for leave to appeal and to stay a decision by the Quebec
Court of Appeal, in the matter of Procureur general du Québec v. Procureur general du
Canada.
Although Parliament abolished the long-gun registry last year with respect to nonprohibited
weapons and ordered the destruction of records that had been collected, those
records have not been destroyed vis-à-vis Quebec residents. Quebec has taken the
position that the destruction of those records would be unconstitutional.
The applicants, Canada’s National Firearms Association, its vice-president, and a Quebec
gun dealer, sought an interlocutory injunction to have these records destroyed, as the
Quebec Court of Appeal has held the Ending the Long-gun Registry Act to be valid.
The Federal Court refused to rule on the motion for an interlocutory injunction, but rather
stayed the motion as Quebec has an application for leave to appeal the decision of the
Quebec Court of Appeal before the Supreme Court of Canada.
A copy of the decision can be obtained via the Web site of the Federal Court

http://cas-ncr-nter03.cas-satj.gc.ca/rss/T-1388-13%20Bulletin%20EN.pdf

Russia halts adoptions to Sweden :(!

"It's terrible. We have 13 children in Russian orphanages today who have been offered to parents in Sweden who they have actually met," said Jonas Friberg at the Adoptioncentrum agency in Sweden to Sveriges Television (SVT).




Representatives of the Russian authorities and the Swedish embassy met yesterday to discuss the legal situation with regard to adoptions of Russian children. Russia is seeking to sign agreements with individual countries to ensure that Russian children do not come to LGBT parents, according to the SVT report.




The Swedish Foreign Ministry has confirmed that no formal negotiations have begun, but the meeting concerned an attempt to clarify what the new law means in practice.




Russian politician Vitaly Milonov meanwhile called homosexuals "perverts" in an interview with SVT broadcast on Thursday, arguing that children would be better off staying in Russian orphanages.




"The perverts? No, it is unacceptable. Homosexuals are 'perverts' and should absolutely not be allowed to adopt children," he said. "Children who grow up in that kind of environment are destroyed psychologically."




Russian President Vladimir Putin signed into law a bill banning "propaganda of non-traditional sexual relations to minors" on June 30th this year.










Critics of the law have argued that its vague wording in effect outlaws any form of expression of LGBT rights, including Pride parades, holding hands or kissing in public.




The new law has furthermore cast a shadow over the upcoming Winter Olympics in Sochi with some international gay rights groups calling for a boycott. This call has however been rejected by some Russian LGBT activists who argue that it is counter-productive.




Swedish high-jumper Emma Green Tregarocaused a storm of controversy recently when she painted her nails in rainbow colours at the World Athletics Championships in a "silent protest" against the Russian law.




Russian pole-vaulter Yelena Isinbayeva slammed the Swede, saying her actions were "disrespectful to our country".

To circumcise a child without medical reasons and without the child's consent, runs contrary... to the child's human rights and the fundamental principles of medical ethics,"

"

To circumcise a child without medical reasons and without the child's consent, runs contrary... to the child's human rights and the fundamental principles of medical ethics," they write in a debate article in the Dagens Nyheter daily on Saturday.




The ombudsman Fredrik Malmberg, together with representatives from the Swedish Society of Medicine (SLS), the Swedish Society of Health Professionals (Vårdförbundet), the Swedish Paediatric Society (BLF) and the Swedish Association of Pediatric Surgeons (SLF), argues that Swedish law requires that the child's will be taken into account wherever possible.




Circumcision is a procedure which is typically carried out at a very young age and it is this issue of consent which is paramount, they argue.




"We consider circumcision of boys without the child's consent to be in contravention of article 12 of UN Convention on the Rights of the Child (CRC) which gives children the right to have an opinion in matters which concern them."




They furthermore argue for a change in Swedish legislation in order to meet the human rights of the child and medical ethics.




The issue has become topical in Sweden in recent weeks following the submission of a motion to parliament from the Sweden Democrats calling for an outright ban on the procedure.




Furthermore on Monday September 30th children's ombudsmen from across Scandinavia will meet together with prominent medical professionals in Oslo to discuss the issue.




The Ombudsman for Children in Sweden is a government agency which represents the interests and rights on the basis of the UN Convention on the Rights of the Child (CRC).

Philanthropists Honoured at Opening of SickKids' Peter Gilgan Centre

Philanthropists Honoured at Opening of SickKids' Peter Gilgan Centre






A few weeks ago we took you inside SickKids’ new 21-storey research tower on Bay Street just north of Dundas. The state-of-the-art Peter Gilgan Centre for Research and Learning will house over 2,000 SickKidsscientists, technicians, researchers, educators, and admin staff within its 750,000 square-feet of laboratories, common areas and six unique research “neighbourhoods”, each with their own three-storey atrium.






On Tuesday morning, the building—built largely through the generosity of those whose lives have been touched by SickKids Hospital—opened its doors, and many of the donors who made the tower possible were on hand, including philanthropist and CEO of Mattamy Homes, lead donor Peter Gilgan.






While Mr. Gilgan’s stunning donation of $40 million led to the facility named in his honour, he is just one of the over 13,000 donors that helped bring this project together.







The Diamond Schmitt Architects-designed facility was built for a cost of $400 million, with partial funding from all three levels of government. While government funding certainly played a part in the project’s construction, half of the funding – that’s $200 million – came from massive philanthropic contributions, fundraising drives, and SickKids staff, who collectively pooled over $5 million themselves.






“This campaign was fueled by the generosity of the community who saw the potential of bringing child health researchers together under one roof” said Ted Garrard, President and CEO or SickKids Foundation. And with the building now completed, that generosity is soon to pay off through the medical and technological advances that will undoubtedly be discovered in this facility. “This building, and the activities that will take place within these walls, symbolize our promise to continue the strong legacy of science, discovery, innovation and learning at SickKids”, said Mary Jo Haddad, President and CEO of The Hospital for Sick Children.






The opening included speeches from government officials, SickKids doctors and contributing donors, as well as remarks from the building’s namesake, Peter Gilgan, and the building’s designer, Don Schmitt of Diamond Schmitt Architects.






Mr. Schmitt spoke of the the firm’s unique design for the building which makes use of several three-storey atrium spaces, each serving a different “research neighbourhood” with a large common area capable of putting your office’s water cooler to shame.







Using spiral staircases to connect the grouped floors of these neighbourhoods, architects at Diamond Schmitt were able to reduce the amount of total elevators needed in the building while providing staff working in the facility with common ground meeting spaces within the research neighbourhood, which have been shown to foster the cross-pollination of ideas in academic and work settings.







To officially mark the opening of the facility, the ribbon—in this case a construction paper chain—was cut by Hunter Kemp, a 6-year-old leukemia survivor and current Patient Ambassador for SickKids.







With the doors to this research facility now open, scientists and researchers can now accelerate their groundbreaking work in one of the most technologically advanced research centres in the world—all thanks to the multiple donors and philanthropists who funded the project. To recognize the generous donations that made the research tower possible, we include the list below of all donors who provided $1 million or more.






$40 million


PETER GILGAN


$10 million or more


1 ANONYMOUS DONOR


$5,000,000 to $9,999,999


THE ESTATE OF RICHARD H. CLARK IN HONOUR OF MARGARET LIMACHER


THE DILAWRI FOUNDATION


THE GARRON FAMILY


THE HOSPITAL FOR SICK CHILDREN AND SICKKIDS FOUNDATION STAFF


MINING4LIFE: SUPPORTING MINING COMMUNITIES WORLDWIDE


RALLY FOR KIDS WITH CANCER SCAVENGER CUP


SICKKIDS LEADERS


$2,500,000 to $4,999,999


COAST TO COAST AGAINST CANCER FOUNDATION AND JENNA’S ANGELS


JOHN FRANCIS AND SUSAN CASKEY


EDWARD AND SUZANNE ROGERS AND THE ROGERS FOUNDATION


$1,000,000 to $2,499,999


THE CADILLAC FAIRVIEW CORPORATION LIMITED


CARLO FIDANI FOUNDATION


MARIYAM AND BASHIR DAWOOD


IN HONOUR OF ALFREDO DE GASPERIS


THE DELANEY FAMILY FOUNDATION


AL AND ROLANDE FLOOD


HAROLD AND BERNICE GROVES


THE ROBERT HARDING FOUNDATION


HEATWAVE SPORTS INC.


PAUL B. HELLIWELL FOUNDATION


TIM AND LANA HOCKEY


WARREN IRWIN


DONALD K. JACKSON FAMILY FOUNDATION


LIZA MAUER AND ANDREW SHEINER


EARLE AND JANICE O’BORN


GAIL AND DAVID O’BRIEN


THE PITBLADO FAMILY


THE SALTER SOCIETY


IN HONOUR OF SICKKIDS NURSES


JOHN AND MELINDA THOMPSON


UPPER UNIONVILLE GROUP


THE WOLFOND FAMILY


DONALD AND SALLY WRIGHT







Additional information and pre-construction renderings can be found at our dataBase listing, linked below. Want to get involved in the discussion? Check out the associated Forum threads, or voice your opinion in the comments section provided at the bottom of the page.

Peter Gilgan Centre for Research and Learning