Court File No.: CV-18-00605134-00CP ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: MICKY GRANGER Plaintiff - and - HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO Defendant Proceeding under the Class Proceedings Act, 1992 MOTION RECORD OF THE PLAINTIFF (CERTIFICATION) (Returnable November 27 & 28, 2019) VOLUME II of II March 18, 2019 GOLDBLATT PARTNERS LLP 20 Dundas Street West, Suite 1039 Toronto ON M5G 2C2 Jody Brown LS# 58844D Tel: 416-979-4251 / Fax: 416-591-7333 Email: [email protected] Geetha Philipupillai LS# 74741S Tel.: 416-979-4252 / Fax: 416-591-7333 Email: [email protected] Lawyers for the Plaintiff - 2 TO: HER MAJESTY THE QUEEN IN RIGHT - OF THE PROVINCE OF ONTARIO Crown Law Office – Civil Law 720 Bay Street, 8th Floor Toronto, ON, M5G 2K1 Amy Leamen LS#: 49351R Tel: 416.326.4153 / Fax: 416.326.4181 Lawyers for the Defendant TABLE OF CONTENTS TAB DESCRIPTION PG # 1. Notice of Motion (Returnable November 27 and 28, 2019) 1 A. Appendix “A” – List of Common Issues 6 2. Affidavit of Micky Granger (Unsworn) 8 3. Affidavit of Tanya Atherfold-Desilva sworn March 18, 2019 12 A. Exhibit “A”: Office of the Independent Police Review Director – 20 Systemic Review Report dated July 2016 B. Exhibit “B”: Office of the Independent Police Review Director - 126 Executive Summary and Recommendations dated July 2016 C. Exhibit “C”: Office of the Independent Police Review Director – Terms of 142 Reference as of March 2019 D. Exhibit “D”: Affidavit of David D.J. Truax sworn August 30, 2016 146 E. Exhibit “E”: Centre of Forensic Investigators & Submitters Technical 155 Information Sheets effective April 2, 2015 F. Exhibit “F”: Centre of Forensic Sciences, Technical Information Sheet, 159 DNA Information effective September 18, 2017 G. Exhibit “G”: Centre of Forensic Sciences, Investigators & Submitters, 171 Biology Report Guide effective November 13, 2018 H. Exhibit “H”: House of Commons Debates – Official Report (Hansard) 182 dated Thursday, September 25, 1997 I. Exhibit “I”: House of Commons Debates - Official Report (Hansard) 266 dated Friday, March 27, 1998 VOLUME II OF II J. Exhibit “J”: House of Commons Debates – Official Report (Hansard) 332 dated Tuesday, May 12, 1998 K. Exhibit “K”: House of Commons Debates – Official Report (Hansard) 436 dated Tuesday, September 29, 1998. - i v TAB DESCRIPTION - PG # L. Exhibit “L”: Public Protection, Privacy and the Search for Balance: A 512 Statutory Review of the DNA Identification Act, Final Report, dated June 2010 M. Exhibit “M”: BILL C-3: THE DNA IDENTIFICATION ACT, Prepared 611 by Marilyn Pilon, Law and Government Division, 14 October 1997, Revised 22 May 1998 N. Exhibit “N”: Annual Report of the Privacy Commissioner 1998-99 619 O. Exhibit “O”: Proposed Litigation Plan 729 333 CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire'' at the following address: http://www.parl.gc.ca 334 6819 HOUSE OF COMMONS Tuesday, May 12, 1998 The House met at 10 a.m. [Text] _______________ Prayers Question No. 56—Mr. John Cummins: _______________ With regard to the arrangement between the Department of Fisheries and Oceans and the sport fishing lodges in 1995 to provide daily catch data to the department ROUTINE PROCEEDINGS through the offices of the Sport Fishing Institute of British Columbia (SFI): (a) catch by anglers from sport fishing lodges accounted for approximately what part or portion of the total chinook sport catch; (b) what was the nature of this arrangement; D (1005) (c) when was this arrangement negotiated; (d) When did the arrangement become [Translation] operational; (e) why was it necessary (the Fisheries Act requires the lodges to provide the data to the DFO directly); (f) were there problems in the fishery in 1995 GOVERNMENT RESPONSE TO PETITIONS that made it important to have accurate catch data on a daily or weekly basis; (g) what were the nature of these problems; (h) what management actions were Mr. Peter Adams (Parliamentary Secretary to Leader of the undertaken to deal with these problems; (i) in addressing any of the problems Government in the House of Commons, Lib.): Mr. Speaker, identified above did DFO fisheries scientists find the catch data provided through pursuant to Standing Order 36(8), I have the honour to table, in SFI to be accurate, timely and useful; (j) in addressing any of the problems identified both official languages, the government’s response to two peti- above did DFO fisheries managers find the catch data provided through SFI tions. accurate, timely and useful; (k) when was the catch data received through SFI from the Oak Bay Marine Group lodge M.V. Marabell; (l) was the catch data in (k) * * * received in a form and at a time as required by the Fisheries Act; (m) was the catch data in (k) received in a form and at a time so as to allow the department to use it to [English] effectively manage the fishery; (n) how did the data in (k) compare to what would COMMITTEES OF THE HOUSE have been received if it had been given on-the-grounds to the department as originally requested and as required by the Fisheries Act; (o) when was the catch PUBLIC ACCOUNTS data received through SFI from the Oak Bay Marine Group lodge King Salmon Resort; (p) was the catch data in (o) received in a form and at a time as required by Mr. Ivan Grose (Oshawa, Lib.): Mr. Speaker, I have the honour the Fisheries Act; (q) was the catch data in (l) received in a form and at a time so as to to present the 9th and 10th reports of the Standing Committee on allow the department to use it to effectively manage the fishery; (r) how did the data Public Accounts respecting chapters 25 and 29 of the December in (o) compare to what would have been received if it had been given 1997 report of the auditor general. on-the-grounds to the department as originally requested and as required by the Fisheries Act; (s) when catch data requests were made by Fishery Officers or agents Pursuant to Standing Order 109 of the House of Commons the of the department to the King Salmon Resort on July 29, August 2 and August 7, committee requests the government to table comprehensive re- 1995, what was requested, for what time period, what information was eventually sponses to these reports. supplied, and when was the data required so as to meet the operational or management needs of the department; (t) when catch data requests were made by * * * Fishery Officers or agents of the department to the M.V. Marabell on August 1 and August 6, 1995, what was requested, for what time period, what information was CENTENNIAL FLAME RESEARCH AWARD eventually supplied, and when was the data required so as to meet the operational or Mr. Reg Alcock (Winnipeg South, Lib.): Mr. Speaker, pursuant management needs of the department; (u) were any charges laid for the failure of the to subsection 7(1) of the Centennial Flame Research Award Act I lodges to provide the catch data to the department on a timely basis by way of SFI have the honour to present, in both official languages, the report of and if not why not; (v) what were the names of the lodges who refused to provide the catch data directly to the department, and what were the names of the lodges who the 1996 recipient of the Centennial Flame Research Award. provided the catch data to the department via SFI in an accurate and timely basis and * * * in a proper form; and (w) what effect did the lack of catch information from the sport fishing lodges have on local fishery managers and did it compromise their ability to [Translation] ensure that target levels or caps were not exceeded? QUESTIONS ON THE ORDER PAPER Mr. Peter Adams (Parliamentary Secretary to Leader of the Hon. David Anderson (Minister of Fisheries and Oceans, Government in the House of Commons, Lib.): Mr. Speaker, Lib.): (a) Approximately 60% of the north coast sport catch is Question No. 56 will be answered today. taken by lodge clients. 335 6820 COMMONS DEBATES May 12, 1998 Routine Proceedings (b) The arrangement made between the Department of Fisheries (r) The catch data would be the same. and Oceans, DFO, Queen Charlotte Island, QCI, lodge operators and the Sport Fishing Institute of British Columbia, SFI, was that (s) i) Information resquested: Number, sex, size, weight, species, the SFI would collect and collate catch information from the lodges product form, and other particulars of fish caught, processed, or on QCI and provide the information to DFO. transported by King Salmon Resort-Rivers Inlet, its clients and employees; and the time, and place all fish were caught and (c) August 1, 1995. retained and the person and vessel which caught and retained the fish. The August 7 request was for the lodge to comply with the (d) On August 1, 1995 and the first report to DFO was August 8, August 2 request. 1995. (ii) Time period: No specific time indicated as it was believed the information would be for the entire 1995 season. (e) Lodge operators were concerned about the confidentiality of weekly catch information from individual lodges and wanted only (iii) Information provided: In the form as required of the a summary to be released. charterboat sport fish log book program. (f) Yes, a recreational catch ceiling had been imposed in (iv) The information was to be provided during the season. statistical areas 1 and 2. Weekly information was required to track the catch.