CUFOA

Canadian Unlicensed Firearms Owners Association
Association canadienne des propriétaires d’armes sans permis

Armes for Their Defense;
An Inherited, Historical, Canadian Right

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IN THE PROVINCIAL COURT OF SASKATCHEWAN

SASKATOON, SASKATCHEWAN

BETWEEN:

HER MAJESTY THE QUEEN

- and -

EDWARD BURKE HUDSON

________________________________________________________________________

JUNE 18, 1998                DECISION                CAREY PCJ
________________________________________________________________________

Paul Goldstein - Appearing for the Crown

John Hardy - Appearing for the accused

(A TRANSCRIPT OF A TAPE RECORDING)

TRANSCRIPT SERVICES
1815 Smith Street
Regina, SK S4P 3V7

 
2
 
THE COURT:

          Good morning.

1
MR. GOLDSTEIN:

          Good morning, Your Honour. Now

2
  if we could deal with the matter with Edward Hudson. 3
  Mr. Hardy appears on that. I hope Your Honour got my 4
  message a few days ago indicating that nothing was 5
  going ahead today. 6
THE COURT:

          Oh, I was confused. I thought

7
  that had something to do with what was proceeding this 8
  afternoon. 9
MR. GOLDSTEIN:

          All day.

10
THE COURT:

          All day.

11
MR. GOLDSTEIN:

          Except the Torgeson (ph) sentencing

12
  this afternoon, I understand, is going ahead. 13
THE COURT:

          Okay.

14
MR. GOLDSTEIN:

          But apart from that, Your Honour,

15
 

I don't anticipate anything else is -- except there may

16
  be something Mr. Bauer's on, the McKinnon (ph) matter. 17
  I don't know anything about that. I think there may be 18
  an argument on that. 19
THE COURT:

          All right.

20
MR. GOLDSTEIN:

          I wasn't aware --

21
THE COURT:

          Why is the Hudson matter not

22
  going on? I thought we were finished with that. 23
MR. GOLDSTEIN:

          Your Honour, I --

24
THE COURT:

          I thought this was decision day.

25
MR. GOLDSTEIN:

          Oh.

26
 
3
 
MR. HARDY:

          I thought it was set today for

1
  final argument, Your Honour. We filled written briefs 2
  and then it was final argument on the written briefs, 3
  and basically my understanding is that Miss Humphries 4
  is still away on maternity leave. She was the 5
  prosecutor who, of course, heard the evidence and was 6
  carrying the case, so that's the reason -- 7
THE COURT:

          So counsel then were anticipating

8
  oral argument after submission of the written 9
  briefs? 10
MR. HARDY:

          That is indeed what our

11
  anticipation was. 12
MR. GOLDSTEIN:

          Your Honour, I spoke to Miss

13
  Humphries about this and essentially the Crown position 14
  is what's contained in the brief. I've read the brief 15
  and I was prepared to come today and indicate that we 16
  had no further submissions. 17
THE COURT:

          Right.

18
MR. GOLDSTEIN:

          Mr. Hardy indicated that he may

19
  be making further argument based on some evidence that 20
  came out of the hearing. As such, I wouldn't be in a 21
  position to be able to respond to that, if the Crown 22
  felt they had to respond. Miss Humphries would be the 23
  one who'd be able to respond to that. 24
THE COURT:

          Well, this has been dragging on

25
  for some time. Since I was labouring under the 26
 
4
 
  assumption that this matter was set for decision today, 1
  and in the event that the Crown is relying solely on 2
  their written presentation -- 3
MR. GOLDSTEIN:

          That's correct, Your Honour.

4
THE COURT:

          -- then I am prepared to deal

5
  with this today and Mr. Hardy ought to say nothing. 6
MR. GOLDSTEIN:

          Your Honour, I --

7
MR. HARDY:

          Very well, Your Honour. We're --

8
  It's fine, Your Honour. 9
THE COURT:

          This is the matter of Edward

10
  Burke Hudson. This matter came on for hearing March 11
  20, '98, at Saskatoon, Saskatchewan. My genuine thanks 12
  to counsel for their very thorough briefs. Mr. Hudson 13
  was refused a Firearms Acquisition Certificate as a 14
  result of his refusal to answer questions 35 (a) and (b) 15
  of his application, which questions read as follows: 16
 

35 During the last two years have you

17
 

experienced

18
 
 
19
 

(a) divorce, separation or

20
 

relationship breakdown

21
    22
 

(b) failure in school, loss of job

23
 

or bankruptcy.

24
    25
 

          The Crown evidence disclosed that

26
  the applicant was approved at the local level. Mr. 27
  Hudson is a collector and had been issued Firearms

28

  Acquisition Certificates in the past. The Crown 29
  evidence disclosed that Mr. Hudson is in no sense a 30
 
5
 
  risk as a firearms owner. The local authorities who do 1
  the investigation had no concerns despite the absence 2
  of answers to questions 35 (a) and (b). 3
 

          The crown evidence further

4
  disclosed that the responses to all of the various 5
  questions are merely an investigative tool. Nowhere in 6
  the form does it say that errors, falsehoods or refusal 7
  to answer questions will result in refusal to issue a 8
  certificate. 9
 

          However, when the form was

10
  forwarded to Regina for ultimate approval, it was 11
  rejected because of failure to complete these 12
  questions. The primary ground for refusal must be one 13
  of public safety. In this case, none exists, and it is 14
  inappropriate that this application be refused. 15
  Indeed, no grounds for refusal were advanced except the 16
  absence of answers to questions 35 (a) and (b). It is 17
  not in this case necessary to deal with the privacy 18
  issue of requiring citizens to answer broad personal 19
  questions when the police-generated form may require 20
  further review by the authorities. Being a slave to 21
  the application form in this case would appear to go 22
  against the spirit of the legislation. 23
 

          Unless my comments be

24
  misinterpreted, these remarks apply only to Mr. Hudson 25
  as each application must be dealt with on its own 26
 
6
 
  merits. So ordered. 1
 

          What's the process on that? Do you

2
  have that decision extended and -- 3
MR. HARDY:

          I believe the process, Your

4
  Honour, would be, the decision should include an order 5
  then that the firearms officer issue the AFC, and at 6
  that point Mr. -- 7
THE COURT:

          Well, if that's your application,

8
  it's granted. 9
MR. HARDY:

          Thank you, Your Honour.

10
 
(END OF TAPED PROCEEDINGS IN THIS MATTER
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