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Saturday, October 12, 2013
In its first day, an online crowdfunding campaign for an innovative cancer technology has raised $20,000 in donations.
In its first day, an online crowdfunding campaign for an innovative cancer technology has raised $20,000 in donations.
WaveCheck — a painless, non-surgical clinical technique — is poised to transform chemotherapy response monitoring for women with breast cancer.
Invented by Sunnybrook's Dr. Gregory Czarnota and Ryerson University's Michael C. Kolios, WaveCheck combines traditional ultrasound with new software to detect responses in chemotherapy in breast cancer tissues, making it possible for a woman to know what's happening inside her own body weeks, not months, into her chemotherapy treatment.
WaveCheck has been used in clinical studies at Sunnybrook with nearly 100 women receiving upfront, neoadjuvant chemotherapy to treat locally-advanced breast cancer. These results are published in two leading journals, Clinical Cancer Research and Translational Oncology.
To make WaveCheck available to women everywhere as fast as possible, MaRS Innovation seeks to raise $96,987 on Indiegogo from October 9 to November 27, 2013 and get the first of three North American clinical study locations running in parallel with Sunnybrook's existing data. The campaign's overall goal is to raise $687,950 to fund all three sites with WaveCheck's partners.
Watch the video below to learn more and visit the Indiegogo page to contribute to the crowdfunding campaign:
Friday, October 11, 2013
CFIA suspends licence of Beira Mar Importers Co. Ltd.
CFIA suspends licence of Beira Mar Importers Co. Ltd.
October 11, 2013 (Ottawa): The Canadian Food Inspection Agency (CFIA) suspended the licence of Beira Mar Importers Co. Ltd., effective October 8, 2013. The cheese importing company is located in Burnaby, BC.
There are no food safety issues with distributed product, and no product is being recalled. Furthermore, all imported cheese products at the facility remain under detention.
The licence was suspended because the operator failed several times to implement corrective actions for non-compliances such as failing to provide information as required under the Dairy Products Regulations paragraph 26.3 (d) and paragraph 26.4 (a) and (b).
Beira Mar Importers Co. Ltd. will not have their licence reinstated until they have fully demonstrated the capacity to implement the necessary corrective actions as approved by the CFIA.
The CFIA safeguards food, animals and plants which enhances the health and well-being of Canada's people, environment and economy, and access to international markets. Licences and registrations of federally registered establishments or companies can be suspended or cancelled for failing to comply with relevant CFIA Acts and Regulations.
Thursday, October 10, 2013
Allergy Alert - Undeclared milk in certain Norma's Wholesome Bakery Goods brand banana bread and certain The Goodyman brand cookies
Allergy Alert - Undeclared milk in certain Norma's Wholesome Bakery Goods brand banana bread and certain The Goodyman brand cookies
Recall / advisory date:
October 8, 2013
Reason for recall / advisory:
Allergen - Milk
Hazard classification:
Class 1
Company / Firm:
Norma's Bakery Ltd.
Distribution:
Alberta, British Columbia, Manitoba, May be National, Ontario, Saskatchewan
Extent of the distribution:
Retail
Reference number:
8382
Contents
Advisory details
Affected products
More information
Media Enquiries
Photos
Advisory details
Ottawa, October 8, 2013 - The Canadian Food Inspection Agency (CFIA) and Norma's Bakery Ltd. are warning people with allergies to milk not to consume the banana bread and cookies described below. The affected products contain milk which is not declared on the label.
There have been no reported illnesses associated with the consumption of these products.
Consumption of these products may cause a serious or life-threatening reaction in persons with allergies to milk.
The manufacturer, Norma's Bakery Ltd., Chilliwack, BC, is voluntarily recalling the affected products from the marketplace. The CFIAis monitoring the effectiveness of the recall.
Affected products
Brand NameCommon NameSizeUPC
Norma's Wholesome Bakery Goods Banana Bread 100 g 7 73510 00231 3
Norma's Wholesome Bakery Goods Chocolate Chip Banana Bread 100 g 7 73510 00232 0
The Goodyman Chunky chocolate (cookies) 100 g 6 83978 00003 8
More information
For more information, consumers and industry can contact:
Norma's Bakery Ltd. at 604-792-4023; or,
CFIA by filling out the online feedback form.
For information on common food allergens, visit the Food Allergens web page.
Product photos
Printer ready version of photos
Labels:
Canada,
Conservative Party of Canada,
food,
Law,
news
Wednesday, October 9, 2013
Updated Health Hazard Alert - Certain frozen beef burgers may contain E. coli O157:H7 bacteria
Updated Health Hazard Alert - Certain frozen beef burgers may contain E. coli O157:H7 bacteria
Recall / advisory date:
October 8, 2013
Reason for recall / advisory:
Microbiological - E. coli O157:H7
Hazard classification:
Class 1
Company / Firm:
Belmont Meats Ltd.
Distribution:
National
Extent of the distribution:
Retail
Contents
Advisory details
Affected products
More information
Media Enquiries
Related Recalls
Photos
Advisory details
Ottawa, October 8, 2013 - The public warning issued on October 2, 2013 has been updated to include additional products.
The Canadian Food Inspection Agency (CFIA) and Belmont Meats Ltd. (Est. 112) are warning the public not to consume the beef burgers described below because they may be contaminated with E. coli O157:H7.
This recall is the result of an ongoing food safety investigation initiated as a result of a recent outbreak investigation. There may be recalls of additional products or best before dates as the food safety investigation at this facility continues.
The manufacturer, Belmont Meats Ltd., Toronto, Ontario, is voluntarily recalling all affected products from the marketplace. TheCFIA is monitoring the effectiveness of the recall.
Affected products
Brand Name
Common Name
Size
UPC
Additional Info
Compliments
Super 6 Beef Burgers
8 x 170 g (6oz) / 1.36 kg
0 55742 34129 4
Best before date
2014 MA 27 B##*
* where ## is a variable number
Distribution
Ontario, sold in the following Sobeys banner stores: Sobeys, Sobeys Urban, Foodland, Freshco and Price Chopper.
President's Choice
Beef Burgers
4.54 kg
0 60383 37167 8
Best before date
2014 FE 25 B##*
BMP EST:112
* where ## is a variable number
Distribution
Sold nationally at Loblaws banner stores
Webers Bucket of Burgers
Beef Burgers
1.02 kg
6 27843 06456 5
Best before date
1313 B##*
BB/MA 2014 MA 11
* where ## is a variable number
Distribution
may be national
Related alerts
2013-10-02 - Certain Compliments brand Super 8 Beef Burgers may contain E. coli O157:H7 bacteria
More information
For more information, consumers and industry can contact:
Belmont Meats Ltd., Azim Hosein, Director of Technical Services at (416) 749 -7250 ext. 334; or,
CFIA by filling out the online feedback form.
Food contaminated with E. coli O157:H7 may not look or smell spoiled. Consumption of food contaminated with these bacteria my cause serious and potentially life-threatening illnesses. Symptoms include severe abdominal pain and bloody diarrhea. Some people may have seizures or strokes and some may need blood transfusions and kidney dialysis. Others may live with permanent kidney damage. In severe cases of illness, people may die.
For more information on foodborne pathogens, visit the Causes of Food Poisoning web page.
Product photos
Printer ready version of photos
Media enquiries
CFIA Media Relations
613-773-6600
Tuesday, October 8, 2013
Toronto lawyer has launched a challenge against the appointment of Justice Marc Nadon to the Supreme Court of Canada as one of the three judges representing Quebec on the court’s bench.
Toronto lawyer has launched a challenge against the appointment of Justice Marc Nadon to the Supreme Court of Canada as one of the three judges representing Quebec on the court’s bench.
As a Federal Court judge, the Supreme Court Act precludes Nadon from being appointed to the Supreme Court Act, says lawyer Rocco Galati, who is joining with Constitutional Rights Centre Inc. to bring the application.
Nadon was officially sworn in as a judge of the Supreme Court in a private ceremony at the top court yesterday.
The notice of the challenge, filed with the Federal Court yesterday, names Prime Minister Stephen Harper, who nominated Nadon for the job, as one of the respondents.
When properly interpreted, s. 5 and 6 of the Supreme Court Act allows only for the appointment of Court of Appeal and Superior Court judges, or a lawyer who has been a member of the bar for at least 10 years, the notice reads.
“Conforming to constitutional requirements is always an issue, abiding by the law is always an issue,” Galati says.
Prior to Nadon’s nomination, Harper sought former Supreme Court justice Ian Binnie’s opinion on the matter. Binnie said, “There is nothing in the Supreme Court of Canada Act” that would prevent the appointment.
But Galati says it wasn’t up to Binnie to make that decision.
“We feel that the issue should not have been the subject of an opinion of a retired judge, but should have gone to the eight judges of Supreme Court on a reference if they had any doubt about it. There’s a lot to doubt here in terms of the ability to appoint Federal Court judges as Quebec judges,” he says.
In his written opinion to the prime minister, Binnie said other federal court judges, including justices Frank Iacobucci and Marshall Rothstein, have been appointed to the Supreme Court without controversy.
“That’s never an answer,” says Galati. “The fact of the matter is this has never been raised.
“The difference here is that the other federal judges were not from Quebec,” he adds. [Nadon] is the first one from Quebec. There are different provisions that apply.”
Binnie had also said although a Federal Court judge doesn’t fulfill one of the requirements for appointment to the top court — being a judge of either a Court of Appeal or a Superior Court — he meets the other criteria, which is having been a member of the bar for more than 10 years.
“In the English version the words ‘is or has been’ refer grammatically to both judges and advocates,” Binnie said. “If an individual has ‘at least ten years standing at the bar of a province’ he or she ‘is or has been’ such a member, and despite a lapse of time while serving the Federal Court, the s. 5 requirement is met.”
For Galati, Nadon is either a judge or a lawyer, and judges of the Federal Court cannot be appointed to the Supreme Court. Binnie’s reasoning is also “besides the point,” he says.
“There’s a lot of reasons the provision is there. One of the reasons with respect to the accommodation of Quebec is that you don’t want people being absent that long from Quebec and then purporting to be Quebec judges.
“[Nadon] has been a Federal Court judge for 20 years. The section doesn’t allow his appointment.”
Galati is also seeking an interim order to stay Nadon’s appointment.
Justice Minister Peter MacKay's spokesperson Paloma Aguilar told Legal Feeds: "Justice Nadon is qualified and we are certain he will serve the court with distinction. Constitutional experts agree that the Supreme Court Act allows for a sitting Federal Court judge to be appointed to the Supreme Court of Canada — this includes the opinion of former Supreme Court Justice Ian Binnie.”
Update 1:45 pm: comments from Justice minister
Update: 3:40 pm: Press release from the Supreme Court of Canada: "Mr. Justice Marc Nadon has decided, in light of the challenge to his appointment pending before the Federal Court, not to participate for the time being in matters before the Supreme Court of Canada."
Labels:
Canada,
Conservative Party of Canada,
news,
people
Monday, October 7, 2013
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 Ã
feu veille à ce que, dès que
possible, tous les registres et
fichiers relatifs Ã
l’enregistrement des armes Ã
feu autres que les armes à feu
prohibées ou les armes à feu Ã
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 Ã
l’enregistrement des armes Ã
feu autres que les armes à feu
prohibées ou les armes à feu Ã
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,
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 Ã
feu veille à ce que, dès que
possible, tous les registres et
fichiers relatifs Ã
l’enregistrement des armes Ã
feu autres que les armes à feu
prohibées ou les armes à feu Ã
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 Ã
l’enregistrement des armes Ã
feu autres que les armes à feu
prohibées ou les armes à feu Ã
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,
Sunday, October 6, 2013
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
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