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(April, 1988)

Canada is a peace-loving country. But Canada is also involved in preparations to commit
the biggest war crime in history.

Canada supports NATO's policy of “first use” of nuclear weapons. This policy would
give NATO battlefield commanders licence to use nuclear weapons in response to a non-
nuclear attack.

Even NATO experts admit that a nuclear war, once started. would be difficult to contain or
control. First use of nuclear weapons anywhere could lead to full-scale nuclear war and the
loss of all we hope to defend. This policy is a danger to the whole planet.

The Nuclear Weapons Legal Action is a major initiative to challenge the legality of
Canada's support for and participation in NATO's policy of first use of nuclear weapons,

We have a unique opportunity in Canada. Unlike in other countries, our Supreme Court

has already ruled that it does have authority to judge the legality of government decisions
on foreign policy and defence. Our legal team believes a winnable legal case against the

first use of nuclear weapons can be made under the Charter of Rights and Freedoms and
under the international laws which are part of the laws of Canada.

The case, which will bring together many expert wimesses from around the world, will
also provide a vehicle for public education on the nuclear issue. It will further de-legitimize
nuclear weapons in the public mind, and give substance and credence to the reality of
international law and Canada’s obligations. It may also lead to similar actions in other
countries.

The Nuclear Weapons Legal Action has already won wide public support through the
endorsements of 170 organizations across Canada, including 9 municipalities. The action
is being brought jointly by seven organizations to date who are plaintiffs, with others
expected to join before we go to court.

World Federalists of Canada, as the first plaintiff, is coordinating the Legal Action.
Other plaintiffs are: Lawyers for Social Responsibility, National Union of
Provincial Government Employees, Veterans Against Nuclear Arms,
Assembly of First Nations, Operation Dismantle and Voice of Women.

We have a Legal Committtee of more than 30 lawyers volunteering their help. Members of
the Legal Committee include The Honorable Thomas Berger, a former B.C Supreme
Court Judge; former Saskatchewan attorney-general Roy Romanow, and Dr. Edward
McWhinney, a world authority on international law.

The initial approach will be to atternpt to enjoin the government in “cooperative lidgation”
rather than assume a confrontational stance. Once the case is ready and has the support of a
great number of endorsers and co-plaintiffs, we will ask the government to join us in
seeking a court ruling on this issue as a legitimate matter of vital public interest.

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