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II. {02434841 v4}

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

Respondent

NOTICE OF MOTION

(Rules 369 and 317 Notice of Motion to Produce Records and Materials) TAKE NOTICE THAT the Applicants, Canadian Coalition for Firearm Rights, Rodney Giltaca, Laurence Knowles, Ryan Steacy, Maccabee Defense Inc., Wolverine Supplies Ltd. and Magnum Machine Ltd. (the Applicants), will make a motion to the Court in writing under Rule

369 of the Federal Courts Rules, SOR/98-106 (the Rules) in respect of its request made under

Rule 317 on May 26, 2020(the Rule 317 Request, as further defined below).

THE MOTION IS FOR:

An order requiring disclosure, pursuant to Rule 317 of the Rules, for materials, records, and documents, that are not in the possession of the Applicants, but are known to be in the possession of the Attorney General of Canada (AGC), as the representative of the Governor General in Council (GIC) and the Royal Canadian Mounted Police (RCMP) in this proceeding (collectively referred to as the Respondent). 001 {02434841 v4}

Specifically, the Applicants seek:

(a)An Order dismissing the objections made by the Respondent on September 11,

2020 under Rule 318(2) (the Rule 318 Objection, as more particularly defined

below); (b)An Order pursuant to Rule 318(4) requiring the Respondent to provide certified copies of the documents requested by the Applicants in their Rule 317 Request, as more particularly defined below and as more narrowly defined for the purposes of this Motion; (c)Alternatively, an Order requiring the Respondent to provide certified copies to the Court of any of the relevant and material documents within their possession subject to the Rule 317 Request for which they have claimed privilege or confidentiality, in order to determine: (i)whether the re cords are subject to a ny privilege or confidentiality a s claimed; and if so, (ii)whether the public interest in disclosure of these records outweighs the public interest in maintaining its privilege; (d)Costs of this Motion; and (e)Such further and other relief as Counsel for the Applicants may advise and this

Honourable Court may permit.

002 {02434841 v4}

1.The Applicants repeat and adopt all allegations of fact in the Notice of Application filed

on May 26, 2020 (the ).

2.The Application is for Judicial Review; and is a constitutional and quasi-constitutional

challenge to the : SOR/2020-96 (the ) made by Order in Council P.C. 2020-298, May 1, 2020 (the , including the Regulatory Impact Analysis Statement, Canada Gazette, Part II, Vol. 154, No. 3).

3.The Application is also a judicial review application of certain decisions made by

the RCMP, including through the Specialized Firearms Supports Services Unit () and the Firearms Reference Table (), as described in the Application.

4.At paragraph 186 of the Application, the Applicants issued the Rule 317 Request seeking

materials that are not in the possession of the Applicants but are known to be in the possession of the Respondent.

5.In this Motion, the Applicants narrow their Rule 317 Request to certified copies of all

records, resear ch, analysis, policy pa pers, briefing report s, studies, pr oposals, presentat ions,

reports, memos, opinions, advice, l etters, emai ls and any oth er communications tha t were prepared, commissioned, considered or received by the Respondent in relation to: 003 {02434841 v4} (a)The public engagement referenced on page 59 of the Order in Council on the issue of banning handguns and assault-style firearms that took place between October

2018 and February 2019, including but in no way limited to:

(i)All rec ords which evidenc e the pote ntial for a run on the mark et, as referenced on pages 59 and 63 of the Order in Council. (ii)The results and all discussion, research, analysis, policy papers, briefing reports, studies or reports generated in part or in whole from the roundtables held in Vancouv er, Montreal, Toronto, and Moncton, and any other Canadian municipalities, as referenced on page 59 of the Order in Council. (iii)The results and all discussion, research, analysis, policy papers, briefing reports, studies or reports generated in part or in whole from the online questionnaire referenced on page 59 of the Order in Council. (iv)All 36 wr it ten submissions, as re ferenced on page 59 of the Order in

Council.

(v)All consultations in bilateral meetings with 92 stakeholders, as referenced on page 59 of the Order in Council. (vi)All participants in the public engagement, as referenced on page 59 of the Order in Council, who expressed their views that a ban on assault-style firearms is either (a) needed, or (b) not needed, in order to protect public safety. (vii)All engagements and consultations with Indigenous groups, as referenced on page 59 of the Order in Council. (viii)All records which evidence the possibility that firearms may be diverted to illegal markets, as referenced on page 60 of the Order in Council. (b)The regulatory analysis referenced on page 60 of the Order in Council, including but in no way limited to the information and evidence which informed: 004 {02434841 v4} (i)The costs associated with implementing the prospective buy-back program and gr andfathering regime, as ref erenced on page 60 of the Order in

Council.

(ii)The considered impacts on approximately 2.2 million individual firearms license holders i n Canada tha t ar e affected by the Orde r in Council , Regulation, and , as referenced on page 60 of the Order in

Council.

(iii)The considered impacts and costs of the Order in Council, Regulation, and , as referenced on page 62 of the Order in Council, on: (1)The hunting industry in Canada; (2)The sport shooting industry in Canada; and (3)Other privat e businesses in Canada including busi nesses that manufactured or sold the firearms restricted by the Regulation. (iv)The 'one-for-one' rule, as referenced on page 62 of the Order in Council. (v)The Government of Canada's decision not to give advance notice under the World Trade Organization's Technical Barriers to Trade Agreement, as referenced on page 62 of the Order in Council. (vi)The fa ct that Indige nous persons ar e victims of homicides invol ving firearms at a much higher rate than the Canadian population and that this figure appears to be increasing, as referenced on page 63 of the Order in

Council.

(c)The rationale for the Regulation, as referenced on page 63 of the Order in Council, including but in no way limited to: (i)The Government of Canada's objective to ban assaul t-style firearms as referenced on page 63 of the Order in Council. 005 {02434841 v4} (ii)The Government of Canada's objective to reduce the risk of diversion to illegal markets for criminal use, and evidence of how the Regulation would achieve that objective, as referenced on page 63 of the Order in Council. (iii)The conclusion that the prohibited firearms are tactical and/or military-style firearms and are not reasonable for hunting or sport shooting, as referenced on page 64 of the Order in Council. (d)Implementation, compliance and enforcement, and service standards, as referenced on page 65 of the Order in Council, including but in no way limited to: (i)The proposed or anticipated amount of compensation to be offered per firearm listed in the Regulation, and who may qualify for this compensation, as referenced on page 65 of the Order in Council. (ii)Interactions with affected owners regarding the Regulation and compliance with the Regulation, including any script or directions provided to public officials, firearms officers, the Registr ar or Chief Firear ms Offi cer (as appointed under the , SC 1995, c 39), the RCMP, or other law enforcement agencies f or communications with affected owners, as referenced on page 65 of the Order in Council. (iii)The basis for the addition of makes and models of firearms to the list of prohibited firearms in the near future, including any correspondence or directions provided to firearms officers, the Registrar or Chief Firearms Officer (as appointed under the , SC 1995, c 39 (the )) the RCMP or other law enforcement agencies, as referenced on page

65 of the Order in Council.

(iv)Decisions made since May 1, 2020 by the RCMP, including the Specialized Firearm Support Services, and the reasons for those decisions, in relation to the Regulation; specifically, the decisions regarding the re-designation of approximately 600 firearms where the RCMP have unilaterally changed the 006 {02434841 v4} classification or determination of the firearm on the basis of "variants", "modified versions", bore sizes or energy at discharge of firearms not listed in the Regulation, and all FRT entries and reports in connection with same. (as more narrowly defined above, the )

6.On September 11, 2020, the AGC responded to the Rule 317 Request that was made on

May 26, 2020. The Respondent stated that:

(a)It objects, pursuant to Rule 318(2), to the scope of the Rule 317 Request; (b)The only tribunal whose order is the subject of the Application is the GIC, and the only material that is relevant pursuant to Rule 317 is the record that was before the

GIC in making the Order in Council; and

(c)All other documents r equested are not r elevant for the record of this t ribunal decision under review.

7.The AGC also enclosed a letter from the Privy Council Office, which:

(a)Stated that, "[i]n this matter, it is the decision of the Governor in Council P.C. 2020-

298 that is the subject of the application";

(b)Enclosed a certified copy "of the following material before the Governor in Council when making the Order in Council", which consisted solely of the Order in Council with the annexed Re gulation and no supporting records or document ation whatsoever; and 007 {02434841 v4} (c)Stated that "[t]he other material before the Governor in Council concerning Order in Council... is a confidence of the Queen's Privy Council for Canada, which cannot be disclosed because of its confidentiality". (the )

8.In short, the Rule 318 Objection states that everything other than the Order in Council itself

is a confidence of the Queen's Privy Council for Canada (the ).

9.The AG C failed or refused to provide any r esponse on behal f of, or by the RC MP,

notwithstanding the fact that throughout the Application, but paragraphs 48, 49 and 186(g)(iv) in particular, expressly challenges the decisions of the RCMP to re-designate what was at the time of the request an estimated 255 firearms and devices as prohibited (which number continues to grow and is now estimated at 600 firearms pursuant to the FRT supplemental materials posted on the

Canadian Firearms Program, RCMP website) (the ).

10.Pursuant to Rule 317, the Respondent must produce all material which is "relevant to an

application", "in the possession of the administrative decision-maker," and not in the possession of the Applicants. All three criteria are met in the Rule 317 Request, triggering the obligation for the Respondent to transmit the material requested therein.

11.As noted in the Rule 317 Request, the materials are expressly referenced by the GIC in the

Regulatory Impac t Analysis Stateme nt that accompa nied the Order in Council when it was published in the Canada Gazette, Part II, Vol. 154, No. 3. Those materials are therefore relevant and were before the GIC at the time of making the decision that is under review. Those materials are also not in the possession of the Applicants. The blanket Cabinet Privilege Objection made by 008 {02434841 v4} the Privy Council Office does not apply to the materials requested by the Applicants in the Rule

317 Request. None o f the reque sted mat erials constitute a conf idence of the Queen's Privy

Council. To the extent that there is any real issue about whether any of the materials may reveal the substance of cabinet deliberations and cabinet confidences, the Applicants respectfully request that those materials be provided to this Honourable Court to be inspected for the purposes of determining the objection.

12.In addition, and as noted in the Application and the Rule 317 Request, the RCMP have re-

designated firearms on their own impetus, pursuant to their own internal schemes and mechanisms, which have legal repercussions for firearms owners. These re-designations are challenged in the Application and the Applicants are entitled to a response to the Rule 317 Request with respect to those decisions and re-designations.

13.The response provided by the AGC is not in compliance with Rule 318(1) and is an

improper use of Rule 318(2). The Applicants submit that the deficient response - providing only the Order in Council itself with the annexed Regulation - is an improper attempt to shield the decision of the GIC and the RCMP Decisions from judicial review.

14.Absent a proper objection, the Respondent must produce the materials in the Rule 317

Request, as they are relevant, and they are in the possession of the Respondent but not the

Applicants. No proper objection has been made.

009 {02434841 v4}

15.In the alternative, the Respondent must provide certified copies to the Court of any of the

relevant and material documents within their possession subject to the Rule 317 Request for a determination on privilege.

16.The Applicants respectfully request that the relief sought in this Notice of Motion be

granted. will be used at the hearing of the motion: (a)Affidavit of Wyatt Singer, sworn October 1, 2020; (b)Affidavit of Rick Timmins, sworn September 30, 2020; (c)Pleadings and correspondence filed on the Court Record; and (d)Such other and further materials as counsel may advise and this Honourable Court may permit.

Dated: October 2 2020

010 licensed business. This is the process I followed when I submitted the SLR-Multi for classification. Attached as Exhibit "F" to my Affidavit as is a copy of the Protocolquotesdbs_dbs25.pdfusesText_31

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