Firearms Charter Challenge

[Firearms Charter Challenge]

By Dan Gauthier
kenora Daily Miner and News
Tuesday March 13, 2007


Bruce Montague

Firearms activist Bruce Montague’s constitutional challenge of the federal Firearms Act finally got underway Monday afternoon in Kenora Superior Court, with the Crown immediately attacking the credibility of his two witnesses.
Crown attorney Peter Keen told Justice John Wright he objected to all evidence provided by Montague’s two “alleged expert” witnesses as opinion and any of the facts reported as hearsay.
This evidence, which is subject to a publication ban, was presented to the court via written affidavits taken at hearings held in Thunder Bay in January when Montague’s two witnesses, who are the basis of his constitutional challenge, gave their testimony and were cross-examined by the Crown.
Montague, a gunsmith who lives in Eton Rugby west of Dryden, is charged with 53 counts under the Criminal Code, made up of a variety of weapons-related offences, including the unauthorized possession and careless storage of non-restricted firearms, explosives and restricted firearms.
He was arrested Sept. 11, 2004 at a Dryden gun show.
His wife, Donna Montague, is facing three charges -- the unauthorized possession of a firearm and two counts of careless storage of a firearm.
Their Charter of Rights and Freedoms hearing began on Oct. 16, 2006 in Kenora Superior Court, but was put over until March 12 after only a few hours into the hearing when the judge ordered evidence by the two witnesses be taken via affidavits.


Onus on defence

On Monday, Keen began the continuation of the hearing by saying that the onus is on Montague’s lawyer, Calvin Martin, to prove that his witnesses are experts in the evidence they are providing in this constitutional challenge, it is not the Crown’s responsibility.
He also submitted that all of the testimony of the witnesses who testified for Montague should not be admissible in the hearing, because they are not experts in the areas they give testimony in.
“I’m objecting to the entire materials, every word, every page,” said Keen of the affidavits provided to the court.
He said one of the witnesses gives opinions on criminology, violence rates and crime rates related to firearms, none of which are his area of expertise.
Martin countered by saying this witness was an expert in statistics, both his own and in identifying trends in others. He cited the numerous articles his witness has written doing just this.
Keen said a lot of the evidence given is evaluations of other people’s reports, or what others have told them, therefore it is hearsay.
About 40 supporters were at Monday’s hearing. All were subject to a weapons search by police as increased security continues for this case.
The hearing was to continue this morning at 10 a.m. with both sides continuing to examine the evidence in the witness affidavits to determine what would be admissible. The hearing will continue throughout the week.





And here's a link to his website where eventually we'll all hear the the truth..<a href="http://www.brucemontague.ca/html/NewsArchive.html" target="_new">www.brucemontague.ca/html/NewsArchive.html</a>


This whole process has been a eye opener for me.. from the crown placing a lien on Mr Montague's home (thus removing his ability to use it as collateral for a loan to fight his legal battle) to this "expert witness" issue.. His witnesses are: "expert witnesses Professor Gary Mauser of Simon Fraser university and Dave Tomlinson of the NFA". I tell you they're sure trying hard to undermine this before it makes it anywhere near a fair trial of the issues at hand.

Regards

Fudd!

[Okotokian]

Not sure what the objection is. The guy is the "Executive Officer" (term from his website) of the Canadian Unregistered Firearms Owners Association. He's been actually asking to be arrested for years. It finally happened. Now he can have his day in court.

the crown placing a lien on Mr Montague's home (thus removing his ability to use it as collateral for a loan to fight his legal battle)

Well, the lien is probably due to the house being seen as the base of his criminal activity and an asset created in part from that activity. A person who runs a grow op doesn't get to keep the grow op house or use it as collateral for their defence. If the fellow was not a gunsmith operating illegally, but rather someone with a normal legal job who just happened to have unregistered firearms, I suspect the house would never have come into it. I certainly don't know for sure however, that's just my assumption. Being the executive of an anti-gun control group, he should have thought of that before hand.

[nafegavas]

This will prove to be the most important case to date, both in how it affects all gun-owners and how courts will deal with firearms law violations. They seem to be putting a bigger effort against Mr Montague than against a murder suspect. If all goes well, C-68 or portions thereof could be ruled unconstitutional thus opening a Pandora's box.

[nafegavas]

If you use the link to mr. Monatague's site you should look at "katey's firearm facts video. It's his daughter and is funny but true.

[WCTHEMI]

While I agree with what he is doing, I don't think this was the best way. He knowingly broke many laws. Wether you agree with them or not, they are laws. Those videos his daughter made are very informative and entertaining.

[lilsundance]

One of the few ways to challenge laws, and constitutional aspect of those laws, is to break them and be charged. As for his house being seized imho that is a farse. None of the charges warranted the seizure of his house. Using the same law your house could be seized if you were charged with possesion of stolen property. Even if you didn't steal the said property.
This man stands to loose everything he worked his life for, for something he believes is wrong and unconstitutional.
Let us not judge him or his actions but stand behind him.

[Scott N]

I agree with what lilsundance said completely. This guy is getting screwed, and this is the most important case for us legal gun owners to come up yet.

[GoonBag]

I agree wholeheartedly. This guy is fighting for all of us so we need to show our support for him.

[Dick284]

So who's up'd a little cash towards Bruce?
I've done 4, $50.00 donations over the last year.
Remember OJ and the best defence money could buy............................................... ............
And it worked.
So since I've ponied up $200.00, I will challenge all members of AO to put up at least 1/4 of that, say $50.00.
If you all feel Bruce's case is that important what's it worth to you????

Donate here:
order.kagi.com/cgi-bin/st...ID=6FADH&& (http://order.kagi.com/cgi-bin/store.cgi?storeID=6FADH&&)

[Okotokian]

If all goes well, C-68 or portions thereof could be ruled unconstitutional thus opening a Pandora's box.

I think the requirement to register non-restricted weapons is stupid, but I'm not sure how it's "unconstitutional". What part of the constitution does the law violate? I agree with campaigning to change the law, but I don't think the law itself is unconstitutional.

[Canmoron]

Thanks Dick, for the donation link

But if you're like me, want to help but don't like providing your credit card number over the 'net.... - here's the snail address to send a cheque, or the TD bank to deposit to the fund.

Andrew


Please send your cheque payable to the
"Bruce Montague Scrap C-68 Fund" c/o Roger Nordlund, Trustee, RR#2, Site 211, Box 7, Dryden, Ontario, P8N 2Y5

Electronic transfer or direct deposit
Dryden TD Canada Trust:
30 Princess St. Dryden, ON, Canada P8N 1C6
Transit #6068 Account #5201970 ABA #026009593

[Dick284]

Go here to read up on Bruce's plight.
brucemontague.ca/html/index.html (http://brucemontague.ca/html/index.html)

How bout your right to remain silent.
How bout your rights to reasonable search, and seizure.
How bout your right not to incriminate yourself.

These rights are all compromised through the then C-68, now the Frirearms Act.

The Ontario AG is trying to bleed Bruce dry... why?
So if you think your sitting with your thumb stuck lord knows where is gonna help Bruce(all of us) your sadly mistaken.
Time to put up, or well you know how it will end.

[nafegavas]

Mailed in a cheque for a C-note, waiting for the vid.
More info on this case can be found at,
www.cdnshootingsports.org
www.nfa.ca
www.canadiangunnutz.com
How do you do hot-links on this site?

[Kev]

I gave him $125 when he toured a couple years ago. Any chance this is tax deductible? :lol That'd be great!

[Dick284]

No chance in He<< of it being tax deductable, Bruce is not a registerd Non profit org, or a charity.
BTW; donations to Wendy Cukier and her Coalition for Gun Control is a Registerd Charity. And they lobby the Fed's for funds, they actually got close to $400 Thou from the Lieberal's.
If this does'nt stick in your craw, I don't know what will.
Letters to the PM and your MP perhaps.

[shotgun]

Just gave the guy $50 bucks on-line. That should pay for lunch for his lawyer.

Anyhow, this guy is doing what we all say we would do. If he does not win we are all in trouble. Throw the guys a few bucks and give him a chance.

Has AFGA or any other hunting association given money to this cause or does this go against the policies?

[nafegavas]

NFA pres. Dave Tomlinson is involved in a big way, he's out there testifying as an expert witness at his own expense. The debate is on as to whether to accept testimony from him and Dr. Gary Mauser. The CP is ****ting bricks because he knows they have done their homework and could set the cause of gun control back 30 years.

[shotgun]

Here is to hoping...

[Current Status from his web page..]

March 12-16 Court Hearings

Court begins 10:00 AM daily at the Superior Court of Ontario, 216 Water Street, Kenora Ontario.

March 12 - Today's hearing was delayed due to an extended sentencing hearing. By the time everyone was searched and entered the court, it was well after 3:30 PM. The Crown, Mr. Peter Keen challenged our two main expert witnesses on the grounds that their testimony is opinion which is based on unqualified facts. We'll proceed tomorrow at 10:00 AM with evidence to the contrary.

March 13 - Today court started on time at 10:00 AM. As anticipated we spent the whole day dealing with submissions from Mr. Martin and Mr. Keen regarding the admissibility of evidence from Dr. Gary Mauser. Mr. Keen had lots of arguments to show that the judge should not accept Dr. Mauser's evidence, including consideration of the reliability, relevance and expert status of the evidence. Court resumes at 10:00 AM tomorrow.

March 14 - Court resumed at 10:00 AM. First off judge Wright agreed to extend the hearings into next week in order to provide sufficient time to deal with the constitutional issues. We spent the whole morning working through Mr. Keen's further arguments to dismiss the expert evidence of Professor Mauser. This afternoon Calvin Martin made a final submission susbstantiating Professor Mauser's expert status, and we began working through issues of David Tomlinson's admissibility as an expert witness.

March 15 - Today the court finally finished hearing submissions by the crown to discredit our expert witnesses. Calvin Martin then pointed out some discrepancies in the crown's critique of Mr. Tomlinson's analysis of the Firearms Control regulations. Late in the afternoon we moved onto submissions regarding the affidavits of the crown witnesses. The judge will decide which material from the expert witnesses should be admissible. Court is cancelled tomorrow, and resumes on Monday at 10:00 AM when we hope to begin presenting constitutional arguments.

[Update...]

Montague’s lawyer begins arguments in Superior Court


By Dan Gauthier
Miner and News
Tuesday March 20, 2007

Bruce Montague’s legal team was finally able to fire the first volley in their constitutional challenge of the Firearms Act in Kenora Superior Court on Monday.
Justice John Wright began the proceedings Monday afternoon – the judge was delayed due to Sunday’s storm – with his ruling on what evidence from Montague’s two key witnesses would be admitted in his Charter of Rights and Freedoms application.
After deliberating since the hearing was adjourned Thursday, Wright ruled he would only accept evidence relevant to the Charter issues being argued from Simon Fraser University business professor Gary Mauser
In particular, the judge said he would not accept any excerpts from one of Mauser’s publications, “Debunking the Gun Control Myth”, because it relates more to gun registry issues versus firearm licensing, the crux of Montague’s challenge.
Montague, from Eton Rugby near Dryden, is charged with 53 counts of weapons-related offences, including the unauthorized possession and careless storage of non-restricted firearms, explosives and restricted firearms. His wife, Donna Montague, is facing three charges – the unauthorized possession of a firearm and two counts of careless storage of a firearm.
Their Charter application is seeking to strike out sections of the Criminal Code of Canada related to the Firearms Act, to have their criminal charges dismissed and to have the Firearm’s Act declared unconstitutional.
Wright also ruled evidence from Montague’s second key witness, National Firearms Association president David Tomlinson, was inadmissible. The judge said he was too much of an advocate for the movement against current firearms legislation, so his opinions would not be accepted.

Montague’s lawyer Calvin Martin began his submissions by arguing that, under Section 26 of the Charter -- a guarantee to Canadians that they shall not be denied any rights or freedoms that do not exist in the Charter -- all Canadians have the right to possess a firearm for personal security.
“We’re not in the United States,” said Wright, noting Canada’s Charter indicates no right to possess or bear a firearm like it does in the U.S.
Martin referred the judge to William Blackstone’s book from 1765, “Commentaries on the Laws of England”. In it, he said Blackstone maintains that under English common law, all Canadians have the right to protect their personal security, personal liberty and private property.
In addition, Martin said Blackstone’s commentaries say all Canadians have the right to furnish themselves with everything they need to ensure these rights. Martin said this may be interpreted as being able to possess weapons for their protection, including firearms.
Wright said these rights would fall under English common law rights, not those of the Canadian Charter of Rights and Freedoms. Martin maintained, however, that these rights could fall under Section 26 of the Charter.
Martin also argued Canadian firearms legislation, under Bill C-68, breaches Canadians’ rights to possess firearms because it gives the government the power to refuse granting firearms licences. With this power, he said the time will come when the government will be able to prohibit any ownership of firearms.
Martin suggested this unfairness to all Canadians could be solved by the government scrapping the current licensing legislation and creating a “reverse licensing” system that would allow all Canadians to own guns, except those with violent criminal records. He suggesting putting the onus on convicted criminals to prove they can own and possess a gun, not all citizens of Canada.
“If we strike down this legislation, then tomorrow every thug on the streets of Toronto can go out and get a gun,” said Wright.
“I would submit every thug on the streets of Toronto already has a gun,” said Martin.
Martin suggested instead of another licensing “scheme”, a list or registry of criminals who could not own or possess a firearm could replace the current firearms licensing system requiring all gun owners to obtain a licence to possess them.
“You can have a reverse register, that would work a lot better,” said Martin.
The Charter hearing continued today, with Martin scheduled to continue his submissions.

[nafegavas]

Bruce fired his lawyer and asked for a 4 month recess so we're looking at July now. Seems there was a procedural error in filing this as a charter challenge as brought up by the CP desperate stalling tactics I guess.

[GoonBag]

I think this thread should get pinned. This is a battle that should be of particular import to everyone on this board.

[bigbore]

thanks for the donation link Dick



Donations of $250CAD and above will receive a copy of the documentary "Good Men vs. Bad Law" and the Saskatoon Firearms Act Seminar 4-DVD set.









X2 on this thread getting pinned

[gun laws]

A mouse looked through his crack in the wall to see the farmer and his wife open a package. "What food might this contain?" the mouse wondered. He was devastated to discover it was a mousetrap.

Retreating to the farmyard, the mouse proclaimed his warning: "There is a mousetrap in the house! There is a mousetrap in the house!"

The chicken clucked and scratched, raised her head and said, "Mr.Mouse, I can tell this is a grave concern to you, but it is of no consequence to me. I cannot be bothered by it."

The mouse turned to the pig and told him, "There is a mousetrap in the house! There is a mousetrap in the house!"

The pig sympathized, but said, "I am so very sorry, Mr.Mouse, but there is nothing I can do about it but pray. Be assured you are in my prayers."

The mouse turned to the cow and said, "There is a mousetrap in the house! There is a mousetrap in the house!" The cow said, "Wow, Mr. Mouse. I'm sorry for you, but it's no skin off my nose."

So, the mouse returned to the house, head down and dejected, to face the farmer's mousetrap alone.

That very night a sound was heard throughout the house -- like the sound of a mousetrap catching its prey. The farmer's wife rushed to see what was caught. In the darkness she did not see that it was a venomous snake whose tail the trap had caught.

The snake bit the farmer's wife. The farmer rushed her to the hospital and eventually she returned home with a fever.

Everyone knows you treat a fever with fresh chicken soup; so the farmer took his hatchet to the farmyard for the soup's main ingredient.

But his wife's sickness continued so friends and neighbors came to sit with her around the clock. To feed them, the farmer butchered the pig.

But, the farmer's wife did not get well; she died. So many people came for her funeral that the farmer had the cow slaughtered to provide enough meat for all of them.


The mouse looked upon it all from his crack in the wall with great sadness.

THE MORAL OF THE STORY:
The next time you hear someone is facing a problem and think it doesn't concern you, remember -- when one of us is threatened, we are all at risk. We are all involved in this journey called life. We must keep an eye out for one another and make an extra effort to encourage one another. Remember.....each of us is a vital thread in another person's tapestry. Our lives are woven together for a reason.

[Dick284]

Nice story Redfrog, but please elucitate if you are going to donate to Bruce's cause, or just fill the post up with nice anidotical stories.
Money talks and BS walks.

[Nice Work Dick]

[ Nice story Redfrog, but please elucitate if you are going to donate to Bruce's cause, or just fill the post up with nice anidotical stories.
Money talks and BS walks.]Could we expect any less from you dick nice job keep up the good work.makes me want to run to the bank.:\

[Dick284]

You know Nationwide, I think I found out what your affliction is. It's called, I D ten T

[Dicks!!]

Gee Dick you are a little behind the times. I've been supporting Bruce's fight for months.
Thanks for the info about money and B.S. I'd never heard that before. Very catchy!!

I've also never heard of "elucitate" or "anidotal" , but thanks for sharing anyway.;)

I've been around for a few years and not often have I seen people aptly named. In your case your parents were bang on.

BTW.. KMA!!

[Dick284]

C'mon Redfrog, name calling and implied insults are not warrented.
Bruce's cause is worthy, but if I missed your support I apologize.
With all the griping and crying that a lot of the fireams owners constantly do, and yet never pony up when the time comes. This has got to grate on you as well.
That's where the BS comment came from.
And thank you for noting my horrendous typing:
It should be.
elucidate
One entry found for elucidate.


Main Entry: elu·ci·date
Pronunciation: i-'lü-s&-"dAt
Function: verb
Inflected Form(s): -dat·ed; -dat·ing
Etymology: Late Latin elucidatus, past participle of elucidare, from Latin e- + lucidus lucid
transitive verb : to make lucid especially by explanation or analysis <elucidate a text>
intransitive verb : to give a clarifying explanation

And,
anecdotal
One entry found for anecdotal.


Main Entry: an·ec·dot·al
Pronunciation: "a-nik-'dO-t&l
Function: adjective
1 a : of, relating to, or consisting of anecdotes <an anecdotal biography> b : ANECDOTIC 2 <my anecdotal uncle>
2 : based on or consisting of reports or observations of usually unscientific observers <anecdotal evidence>
3 : of, relating to, or being the depiction of a scene suggesting a story <an anecdotal painting> <anecdotal details>

[Redfrogoutfitters]

"With all the griping and crying that a lot of the fireams owners constantly do, and yet never pony up when the time comes. This has got to grate on you as well."

Exactly why I posted the "mouse" story.

Apology accepted.

[Dick284]

Nice signature Redfrog:rollin

Have a good one.

[GoonBag]

Money is very important and I'm sure Bruce is in dire need of it but thats not the only thing you can do to help. Nor do I believe that it is the best thing you can do to help. Righting letters to your local MP and newspapers can be very helpful. Bring attention to this cause. Let people know that you support and believe in Bruce's fight. Inform the ignorant that a very important war is being waged in court this very moment that affects all of our rights. If it wasn't for this site I would have never known about this. So tell other people that this is going on. Tell as many of them as you can. Make people aware.