Montague back in court to resume firearms challenge
Montague back in court to resume firearms challenge
Believes strongly his defiance of the Firearms Act is right and just
By Dan Gauthier
Miner and News
Thursday March 08, 2007
Firearms activist Bruce Montague will back in Kenora Superior Court on Monday to resume his challenge to have Canada’s Firearms Act declared unconstitutional and keep him out of jail.
“By challenging the validity of the firearms law itself, I’m asking the court to acknowledge that the law is criminal, not me,” said Montague.
The gunsmith, who lives in Eton Rugby west of Dryden, said if found guilty on some or all of the charges, he could face a jail sentence ranging from a minimum of one year, up to 18 years or more.
“It depends on how much the judge wants to make an example of me,” said Montague.
Although he believes strongly his defiance of the Firearms Act is right and just, the possibility of going to prison is weighing heavily on him and his family.
“It’s a little unnerving having your neck on the chopping block like that,” said Montague.
“There is a serious consequence to pay if we get found wrong in our supposition that the Firearms Act is unconstitutional. If they uphold that it is constitutional, then I guess I’ll have to pay the price.”
Montague was arrested Sept. 11, 2004 at a Dryden gun show and later charged with 53 counts made up of a variety 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.
A Charter of Rights and Freedoms hearing for Montague began on Oct. 16, 2006 in Kenora Superior Court, but was put over until March 12 after only a few hours.
Justice John Wright ordered that evidence and cross-examination of both of Montague’s witnesses be recorded via affidavits during two days of hearings held in Thunder Bay in January.
The decision was made after the Crown attorney submitted that they were not given ample time to prepare for cross examinations of the witnesses in October. Plus only one of Montague’s two witnesses were not available for the scheduled week-long hearing.
Montague said this time he is confident his Charter hearing will be heard. However, he said Crown attorney Peter Keen said at the January hearings that he would again be asking the judge for more time to contest the admissibility of the evidence to be provided by the witnesses.
In essence, the Charter hearing itself is the crux of Montague’s defence. Montague said he never claimed he didn’t break the law, just that the law is unconstitutional and unjust.
He said they were charged for their “deliberate refusal” to comply with firearms paperwork which they believe to be an unwarranted threat to their freedom, privacy and property.
“As far as I’m concerned, the hearing next week is the trial,” said Montague.
“There’s not a whole lot of argument about whether or not I technically broke what the politicians consider the law of the land.”
With only about 20 supporters at the courthouse in October – all of whom were subject to weapons search and additional courtroom security – Montague said he is hoping to see a little more support this time around.
The hearing will be held in Kenora Superior Court beginning at 2 p.m. on March 12.
Believes strongly his defiance of the Firearms Act is right and just
By Dan Gauthier
Miner and News
Thursday March 08, 2007
Firearms activist Bruce Montague will back in Kenora Superior Court on Monday to resume his challenge to have Canada’s Firearms Act declared unconstitutional and keep him out of jail.
“By challenging the validity of the firearms law itself, I’m asking the court to acknowledge that the law is criminal, not me,” said Montague.
The gunsmith, who lives in Eton Rugby west of Dryden, said if found guilty on some or all of the charges, he could face a jail sentence ranging from a minimum of one year, up to 18 years or more.
“It depends on how much the judge wants to make an example of me,” said Montague.
Although he believes strongly his defiance of the Firearms Act is right and just, the possibility of going to prison is weighing heavily on him and his family.
“It’s a little unnerving having your neck on the chopping block like that,” said Montague.
“There is a serious consequence to pay if we get found wrong in our supposition that the Firearms Act is unconstitutional. If they uphold that it is constitutional, then I guess I’ll have to pay the price.”
Montague was arrested Sept. 11, 2004 at a Dryden gun show and later charged with 53 counts made up of a variety 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.
A Charter of Rights and Freedoms hearing for Montague began on Oct. 16, 2006 in Kenora Superior Court, but was put over until March 12 after only a few hours.
Justice John Wright ordered that evidence and cross-examination of both of Montague’s witnesses be recorded via affidavits during two days of hearings held in Thunder Bay in January.
The decision was made after the Crown attorney submitted that they were not given ample time to prepare for cross examinations of the witnesses in October. Plus only one of Montague’s two witnesses were not available for the scheduled week-long hearing.
Montague said this time he is confident his Charter hearing will be heard. However, he said Crown attorney Peter Keen said at the January hearings that he would again be asking the judge for more time to contest the admissibility of the evidence to be provided by the witnesses.
In essence, the Charter hearing itself is the crux of Montague’s defence. Montague said he never claimed he didn’t break the law, just that the law is unconstitutional and unjust.
He said they were charged for their “deliberate refusal” to comply with firearms paperwork which they believe to be an unwarranted threat to their freedom, privacy and property.
“As far as I’m concerned, the hearing next week is the trial,” said Montague.
“There’s not a whole lot of argument about whether or not I technically broke what the politicians consider the law of the land.”
With only about 20 supporters at the courthouse in October – all of whom were subject to weapons search and additional courtroom security – Montague said he is hoping to see a little more support this time around.
The hearing will be held in Kenora Superior Court beginning at 2 p.m. on March 12.
posted by Stephen at 5:13 AM
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