Firearms Owners Association
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Q.B. No. 1150 of 2010
IN THE COURT OF QUEEN’S BENCH FOR SASKATCHEWAN
JUDICIAL CENTRE OF SASKATOON
IN THE MATTER OF AN APPLICATION FOR A JUDICIAL REVIEW PURSUANT TO THE PROVISIONS OF PART 52 OF THE RULES OF COURT;
AND IN THE MATTER OF AN APPLICATION FOR DECLARATION DIRECTED TO SECTION 117.03 OF THE CRIMINAL CODE:
EDWARD B. HUDSON - APPLICANT
THE ATTORNEY GENERAL OF CANADA - RESPONDENT
AFFIDAVIT OF JACK MCKELVIE WILSON
1. That I am a lifetime citizen of Canada and as such have knowledge of the matters and facts herein deposed.
2. That I was born in the Province of Saskatchewan, Canada, on 08 November 1952 and was raised in the Province of Saskatchewan.
3. That I was educated in the Province of Saskatchewan, completing my Bachelor of Arts degree at the University of Saskatchewan in June 1976.
4. That I consider the acquisition, ownership, and possession of firearms without a licence part of our unique Canadian heritage and culture.
5. That since 2002 I have been actively involved in political persuasion to have Parliament recognize our Right to “have armes for their Defense” and repeal the Firearms Act.
6. That I have not been prohibited from acquiring, owning, or possessing firearms.
7. That I legally purchased, owned, possessed, and responsibly used my firearms in Canada without a firearms licence up until the Firearms Act mandated licencing on 01 January 2001.
8. That since the Licencing mandate of the Firearms Act came into effect on 01 January 2001 I have owned, possessed, and responsibly used my firearms without a firearms licence.
9. That as a close, personal associate of Dr. Edward B. Hudson I have traveled with him extensively all across Canada over the past eight years, participating actively with him in peaceful, nonviolent public civil noncompliance to the Firearms Act.
10. That since April 2002 I have been directly involved with Dr. Hudson in active political persuasion to have Parliament recognize our innate, British constitutional heritage and Natural Right to ‘have armes for their Defense’ and repeal the Firearms Act.
11. That in April 2002, I, along with Dr. Hudson and several like-minded associates, formed the Canadian Unregistered Firearms Owners Association (CUFOA), a duly registered not-for-profit corporation in the Province of Saskatchewan
12. That as a founding Director of CUFOA I helped draft CUFOA’s policy statement committing ourselves to using open, peaceful, non-violent, civil non-compliance to accomplish the repeal of the Firearms Act - see http://www.cufoa.ca/.
13. That since April 2002 I have served as the Treasurer of the Canadian Unregistered Firearms Owners Association (CUFOA).
14. That to obtain CUFOA’s goal, Dr. Hudson, several associates, and I determined to challenge the licensing provisions of The Firearms Act and the related provisions of The Criminal Code of Canada in such a manner that we would be charged and could bring our constitutional arguments directly into open court before a judge and jury.
15. That to this end I traveled with Dr. Hudson and several associates to Ottawa, Ontario, in December 2002 to organize a demonstration of firearms owners on Parliament Hill.
16. That on 01 January 2003 I have was actively involved on Parliament Hill in Ottawa with Dr. Hudson and several associates in peaceful, civil noncompliance to the Firearms Act to have the Courts recognize our Right to “have armes for their Defense.”
17. That during that demonstration, Dr. Hudson, my associates, and I publically transferred a British .303 firearm’s receiver component amongst ourselves; that during that demonstration CUFOA President Jim Turnbull and Dr. Hudson were arrested and charged with “taking a weapon to a public meeting”; and that the RCMP and Ottawa City Police held Mr. Turnbull and Dr. Hudson in jail for two hours.
18. That at the same time when Jim Turnbull and Dr. Hudson were arrested on Parliament Hill, the RCMP detained and questioned me for over thirty minutes and advised me that I might also be arrested.
19. That on 21 January 2003, in Saskatoon, Saskatchewan, I was with Doctors Hudson and Gingrich in front of the Saskatoon Police Headquarters when they challenged the licensing provisions of The Firearms Act and the related provisions of The Criminal Code of Canada by publically transferring between themselves a firearm’s receiver component from another British .303 Lee-Enfield rifle.
20. That at that time the Saskatoon City Police arrested Dr. Gingrich and Dr. Hudson for obstructing “a public officer or peace officer” when a city police sergeant attempted to use Criminal Code section 117.03 to seize the firearm’s receiver component of our rifle; and that the Saskatoon City Police held Dr. Gingrich in jail for two hours and held Dr. Hudson in jail for thirty minutes.
21. That two months later the Crown stayed the obstruction charges; and that to my knowledge the Saskatoon City Police still hold that firearm’s receiver component of Dr. Hudson’s rifle in their Evidence Room.
22. That on 29 January 2003 I was with Dr. Hudson and several associates when we arrived on an Air Canada flight from Saskatoon at the international airport in Ottawa, Ontario, and the Ottawa City Police again arrested Dr. Hudson for obstructing “a public officer or peace officer” when a constable attempted to use Criminal Code section 117.03 to seize two firearms he was carrying in securely locked gun cases.
23. That continuing our CUFOA campaign to challenge the licensing provisions of The Firearms Act and the related provisions of The Criminal Code of Canada into the summer of 2003, I, along with several associates, drafted and had certified affidavits proclaiming our ownership of shotguns and hunting rifles without the mandated federal licence to possess firearms – see Exhibit A.
24. That in July 2003 Dr. Hudson, several associates and I traveled from “sea-to-sea” to each provincial capitol from Victoria, British Columbia, to St. John’s, Newfoundland; that my associates and I personally delivered these affidavits that openly declared we possessed firearms without a federal licence to the offices of the attorneys-general of these several provinces, and to the Prime Minister’s Office on Parliament Hill in Ottawa; and that no law enforcement agencies nor government officials laid any charges.
25. That in the fall of 2003 in order to continue to challenge the licencing mandate of the Firearms Act with open, peaceful, nonviolent, civil noncompliance, Dr. Hudson, my associates, and I determined to organize ‘duck hunting trips’ to unoccupied, rural areas of Saskatchewan wherein my associates and I would possess Saskatchewan hunting licences, Saskatchewan Habituate stamps, federal migratory bird permits, duck decoys, Dr. Hudson’s Labrador retriever dog, one shotgun with a small amount of ammunition, but specifically we would not possess a federal firearms licence.
26. That before each of these events Dr. Hudson notified the local RCMP detachments of the dates, times, and locations of these ‘duck hunting trips’.
27. That on 11 September 2003 Dr. Hudson notified the Biggar RCMP Detachment of our intentions to be duck hunting with a shotgun in the Biggar district of Saskatchewan and that neither of us would have a licence to possess my shotgun.
28. That on 13 September 2003, Dr. Hudson and I were duck hunting with my shotgun in the Biggar district of Saskatchewan when two RCMP members attended to our isolated location, interrupted our hunt, asked me if I had a federal licence to possess my shotgun, detained me, and seized and confiscated my shotgun; and that Sergeant Weber of the RCMP then issued me an Appearance Notice alleging that I had violated Criminal Code section 91(1) – Unauthorized Possession of a Firearm – see Exhibit B.
29. That when Dr. Hudson and I subsequently appeared in Provincial Court in Biggar to address the CC s. 91(1) charge, the Crown Attorney withdrew the s. 91(1) charge.
30. That to our knowledge, the RCMP continue to hold my shotgun in the Evidence Room of the RCMP Biggar Detachment.
31. That on 24 September 2003 Dr. Hudson and I, having previously notified the Unity RCMP Detachment of our intention to be in possession of a firearm without a licence, were duck hunting with a shotgun in the Wilkie district of Saskatchewan.
32. That on that morning two RCMP members attended to our isolated location, interrupted our hunt, asked me if I had a federal licence to possess my shotgun, detained me, seized and confiscated my J. C. Higgins Model 60 12-gauge shotgun; and that Constable Flaman of the RCMP then issued me an Appearance Notice alleging I had violated Criminal Code section 91(1) – Unauthorized Possession of a Firearm – see Exhibit C.
33. That subsequently Constable Flaman withdrew the Criminal Code section 91(1) – Unauthorized Possession of a Firearm - allegation and prepared an application under the authority of s. 117.03 of the Criminal Code seeking an order of the Court that the firearm and ammunition be forfeited to Her Majesty to be dealt with as directed by the Attorney General of Saskatchewan; that I opposed the application; and that the matter was set to January 5, 2004, at Unity, Saskatchewan, for hearing.
34. That on 05 January 2004 Ms. Nicole Leinenweber, Senior Crown Prosecutor of the Battlefords Prosecution District, represented the Crown; that the Crown sought an adjournment of the hearing as it proposed to call an expert to testify as to whether the item purportedly seized was a 'firearm'; that the Crown expert was not present on 05 January; and that when I agreed that the seized item was indeed a 'firearm' the Crown then sought to withdraw the Application for Destruction.
35. That Provincial Court Judge L.P. Deshaye then called an adjournment of these proceeding for consideration; and that Judge Deshaye then issued a decision dated 20 February 2004 that the Application for Destruction “is withdrawn at the Crown's discretion” – see Exhibit D.
36. That to our knowledge the Unity RCMP Detachment still hold my shotgun in their Evidence Room.
37. That I was personally present with Dr. Hudson near Humboldt, Saskatchewan on 07 October 2003 when the RCMP seized and confiscated his firearm.
38. That I was personally present with Dr. Hudson near Davidson, Saskatchewan on 10 October 2003 when the RCMP seized and confiscated his firearm.
39. That I have assisted and helped Dr. Hudson in all aspects of the court presentations concerning his challenges to the destruction orders of his firearms.
40. That I have refrained from personal efforts to regain possession of my confiscated firearms awaiting the outcome of Dr. Hudson’s court proceedings.
41. That I take this Affidavit in support of the Notice of Motion to declare that Criminal Code section 117.03 is ultra vires Parliament on the ground that it is inconsistent with the Preamble to the Constitution Act, 1867 (the British North America Act, 1867); that Criminal Code section 117.03 violates sections 7, 8, 9, 10, 11, 13, 15, and 26 of the Canadian Charter of Rights and Freedoms; and that Criminal Code section 117.03 violates sections 1 and 2 of the Canadian Bill of Rights, 1960.
402 Skeena Court
A. Affidavit of Jack Wilson of Ownership of Firearms without a Licence
B. September 2003 Biggar Appearance Notice to Jack Wilson Criminal Code s. 91(1)
C. September 2003 Wilkie Appearance
Notice to Jack Wilson Criminal Code s. 91(1)