Firearms Owners Association
Thursday, 14 April 2011
Dear Friends, Supporters, and Compatriots,
Re: CUFOA: Now One for Nine in Court!
Jack Wilson & I were in "Chambers" in the Court of Appeal for Saskatchewan in Regina yesterday - "Chambers" being a somewhat less formal appearance before only one justice of the Court of Appeal who deals with procedural matters.
The case before the Court of Appeal is our Right to have a trial before the RCMP can destroy the firearms that they have confiscated from us.
But the issue that necessitated our appearance before the Honourable Justice in Chambers yesterday was that the Government of Canada was protesting the length of our latest factum, or more correctly our "legal argument" since "self-represented persons" may not file a factum with the Court - factums being in the domain only of those wise persons admitted to the Bar.
We had submitted a "legal argument" of 30 pages while the "Rules of Court" mandate not more than 15 pages for such "self-represented" scum as we.
We had to fight this restriction with a formal Notice of Motion, a full affidavit supporting our request to be allowed the extra length, and drive to Regina to appear personally before the Court to argue our position.
After I made a quick 20 second presentation stating that my reasons for requesting the Justice to "wave the rules" were clearly stated in my affidavit, somewhat unbelievably - at least to me - the federal Senior Crown Council stated in Court that the Attorney General of Canada had "instructed" him to oppose the extra length. The federal council then advanced the argument that complying with the rules would be “in the best interest of Canada”.
Fortunately, we were appearing before a Justice who had obviously had a good breakfast, and the Honourable Justice affirmed my brief rebuttal and accepted our request to allow our 30 page legal argument.
So after eight previous unsuccessful Court cases, we have at long last received a favourable ruling from a Court!
We now await the factum in reply from the federal Crown Council.
Our case will most likely be heard in September.
Edward B. Hudson DVM, MS
Canadian Unlicensed Firearms Owners Association