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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Q.B. No. 810 of 2007

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:

BETWEEN:

EDWARD B. HUDSON
APPLICANT

AND

THE ATTORNEY GENERAL OF CANADA
RESPONDENT

AFFIDAVIT OF EDWARD B. HUDSON

I, EDWARD B. HUDSON, of the City of Saskatoon, in the Province of Saskatchewan, MAKE OATH AND SAY AS FOLLOWS:

1. That I am the Applicant herein and as such have knowledge of the matters and facts herein deposed.

2. That I was born in the City of Atlanta in the State of Georgia, United States of America on 29 April 1945.

3. That I was educated in the Sate of Georgia, completing my Doctor of Veterinary Medicine degree in 1969.

4. That I served in the U. S. Army Special Forces (Airborne) until being medically retired in 1972.

5. That after completing further veterinary training, including a Master of Science degree in veterinary pathology, my family and I immigrated to the City of Saskatoon in the Province of Saskatchewan, Canada in July, 1977.

6. That I am a citizen of Canada and I have not been prohibited from acquiring, owning, or possessing firearms.

7. That I have legally owned, possessed, and ; firearms in Canada since July, 1977, without a firearms licence up until 01 January 2001.

8. That since in 1994 I have been actively involved in political persuasion to have Parliament recognize our Right to “have armes for their Defense.”

9. That attached hereto and marked as Exhibit “A” is a copy of my letter to Prime Minister Jean Chrétien that I sent in November 2001.

10. That commencing on New Year’s Day 2003 I have been actively involved in peaceful, civil noncompliance to the Firearms Act to have the Courts recognize our Right to “have armes for their Defense.”

11. That attached hereto and marked as Exhibit “B” is a copy of my letter to Mr. Paul Bercier, Programs Officer, House of Parliament that I sent in November 2002.

12. That as part of our campaign of peaceful, nonviolent civil noncompliance to the Firearms Act my associate, Jack McKelvie Wilson, and I were hunting with a firearms in the Craik district of Saskatchewan on 10 October 2003.

13. That attached hereto and marked as Exhibit “C” is a copy of my letter to Justice Minister Wayne Easter informing him of this event.

14. That I am the owner of the 16 gauge shotgun that the RCMP seized and confiscated in the Craik district of Saskatchewan on 10 October 2003 for “failure to produce” a licence to possess this firearm.

15. That my associate, Jack McKelvie Wilson, and I raised constitutional issues at the forfeiture hearing in Saskatchewan Provincial Court in Craik in our attempt to have my shotgun returned.

16. That attached hereto and marked as Exhibit “D” is a copy of my letter of Notice under the Constitutional Questions Act to raise constitutional questions at the hearing.

17. That my associate, Jack McKelvie Wilson, and I applied to the Court of Queen’s Bench in Moose Jaw to appeal Judge Orr’s destruction order.

18. That attached hereto and marked as Exhibit “E” is a copy of my letter of Notice of Appeal to Court of Queen’s Bench.

19. That my associate, Jack McKelvie Wilson, and I then appealed to the Saskatchewan Court of Appeals in Regina to have our case heard.

20. That attached hereto and marked as Exhibit “F” is a copy of my letter of Notice of Appeal to the Court of Appeal.

21. That all of our efforts to date have been unsuccessful in obtaining a satisfactory hearing before a court in Saskatchewan.

22. That we now petition this honourable Court to redress our grievance under the laws of Canada.

23. That I take this Affidavit in support of the Notice of Motion to declare that Section 117.03 of the Criminal Code 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) and violates ss 26 and 7 of the Canadian Charter of Rights and Freedoms.


SWORN before me at the City of )
Saskatoon, in the Province of ) Edward B. Hudson
Saskatchewan, this 26th day of ) ___________________
June 2007. )
)
Glen Huff )
____________________ )
A Commissioner for Oaths in and for
the Province of Saskatchewan.
My commission expires 30 September 2010


This document is delivered by:
Edward B. Hudson
Applicant

402 Skeena Court
Saskatoon, SK. S7K 4H2

Telephone: (306) 242-2379

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Exhibit “A”

Letter to Prime Minister Jean Chrétien November 2001

The Right Honourable Jean Chrétien
Prime Minister of Canada
Office of the Prime Minister
80 Wellington Street
Ottawa
K1A 0A2

Friday 09 November 2001

Dear Prime Minister,

Re: Protection of Liberty

When I was a youth, Armistice Day 11 November, was a special time in our home, nearly on par with Christmas and Easter in reverence. “The eleventh hour, the eleventh day, the eleventh month” my father would say with tears brimming in his eyes. We remembered with respect the price paid for our freedom. I learned early in life that the cost of liberty is extreme sacrifice.

Liberty is once again calling for protection.

As an honourable Canadian I can no longer continue to support the Firearms Act of 1995. Canadians have responsibly owned firearms since before Confederation, but this Act now requires us to surrender our basic freedoms on the altar of security. Yet the very foundation of this law is a fraudulent misrepresentation. Registration of firearms may make Canadians believe that they are safer, but in fact, this law is wasting millions of taxpayer dollars while doing nothing to enhance safety.

Accordingly, Mr. Chrétien, with all due respect to you, my father, and to the sacrifice of those who fought in defense of our freedom, I inform you of my decision to burn my firearms license as an act of peaceful civil protest on Armistice Day, Sunday, 11 November 2001.

Actually, I will burn only a small portion of my license as a symbolic act of immolation. Enclosed you will find a small part of my license. I am sending similar pieces of my firearms license to the Governor General, the Minister of Justice, the Solicitor General, and the Director of the Canadian Firearms Center.

By destroying my firearms license I am engaging in an act of civil disobedience. I am intentionally violating the current law. I understand, and accept as just and proper, the obligation to uphold, respect, and obey the laws of our country. But I also have an obligation to obey my conscience. After giving this matter a great deal of consideration over several years, I cannot escape the conviction of my conscience that this law is wrong. Specifically, the implementation of the Firearms Act desecrates a great number of our basic freedoms, without providing corresponding demonstrable benefits to our society.

I know that many well-meaning Canadians do not share this point of view, and that the elected representatives of our country have spoken on this issue by enacting this law. However, by my action I am asking that our representatives, and our nation as a whole, reexamine this law, the desired objectives, the consequences, and possible alternatives. I know we can do better than this law. We can protect our security without sacrificing our liberty.

I wholeheartedly support a safer Canada; a nation where we can all sleep in peace, and work, play, and travel with minds at ease. But Bill C-68 has thus far proved itself to be draconian in extreme and totally inefficient in application. There is no reason to believe that with continued implementation it will become more efficient or less burdensome as the demands of compliance are scheduled to grow heavier. However, by working together we can compose a law that will accomplish the goals of a safer nation while also ensuring protection of the rights and freedoms which we all hold dear. Major firearms groups have already proposed specific and workable alternatives to Bill C-68 which would help to ensure that firearms are properly owned and responsibly handled. Good alternatives have been proposed which do not violate the Canadian Charter of Rights and Freedoms as does this law.

Let us once again seek a better way. We owe Liberty the effort.

With deepest respect to you, and the nation you lead, I stand on guard for Canada.

Very truly yours,

Edward B. Hudson DVM, MS
402 Skeena Court
Saskatoon, Saskatchewan
S7K 4H2

CC: The Governor General of Canada The Minister of Justice
The Director of the Canadian Firearms Center The Solicitor General

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Exhibit “B”

Letter to Mr. Paul Bercier, Programs Officer, House of Parliament

20 November 2002

Mr Paul Bercier
Programs Officer,
House of Parliament

Dear Mr Bercier,

Re: Ottawa Freedom & Liberty Demostrations

On the first of January 2003 several of our CUFOA members and supporters will be in Ottawa to demonstrate for the preservation of our freedoms and liberties which are being violated and destroyed by the implementation of the Firearms Act (Bill C-68).

We plan to hold a least three demonstrations on Parliament Hill, one each day Wednesday 01Jan03, Thursday 02Jan03, and Friday 03Jan03 (a copy of our itinerary is enclosed).

I understand that you are the contact person with whom I am to coordinate our activities.

I have included below the information which I understand you desire.

Looking forward to meeting you on New Year’s Day.

Sincerely,

Edward B. Hudson DVM, MS

Canadian Unregistered Firearms Owners Association
402 Skeena Crt Saskatoon Saskatchewan S7K 4H2
1-306-242-2379 1-306-249-2359 fax
edwardhudson@shaw.ca
www.cufoa.ca

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Exhibit “C”

Letter to Justice Minister Wayne Easter

The Honourable Wayne Easter, P.C., MP
Solicitor General of Canada
House of Commons
Parliament Buildings
Ottawa, Ontario K1A 0A6
Easter.W@parl.gc.ca

Thursday, 09 October 2003

Dear Mr. Easter,

Formal Notice: Hunting with an unregistered firearm and without a firearms possession license

We hereby officially inform you that members of CUFOA will again be in the field hunting migratory game birds with an unregistered firearm and without a firearms possession license this Friday, 10 October 2003.

We take this action deliberately. We are intentionally contravening the Firearms Act of 1995, purposefully being in open, public noncompliance.

The Firearms Act destroys our Canadian heritage and culture. This unjust law violates the Canadian Charter of Rights and Freedoms, specifically our rights to privacy, security of person, presumption of innocence, association, representation, mobility, and freedom from unreasonable search and seizure.

We will never submit to this unjust law. We will never surrender our Liberty to a law which is based upon a lie; a law which can never deliver the false promise of increased security. We demand the opportunity to have this unjust law declared unconstitutional in court; to have a full public discussion of all the relevant issues.

We will be hunting on Saskatchewan Wildlife Habitat land located eight kilometers northwest of Davidson, Saskatchewan, just off Highway #11, one kilometer south of the water well at the Allen Road corner . We will hunt on this site from 10 a.m. until noon. We will fax a copy of this notice of our plans to the RCMP Detachment in Craig, Saskatchewan.

We will be hunting with an unregistered Stevens 16 gauge pump shotgun, no serial number. While my old FAC may still technically be on record at the CFC, I possess no license as I destroyed the last remnant of my FAC on Parliament Hill on New Year’s Day at the CUFOA Liberty Demonstration. I have never registered any of my firearms with the Canadian Firearms Center.

As we have consistently demonstrated in our previous twenty-two public non-compliance actions all across Canada, everything we do will be peaceful and non-violent.

Mr. Easter, your government has wasted enough time and money on this futile exercise. Demonstrate your common sense. Protect our Canadian heritage of responsible firearms ownership and use.

Repeal this useless, unjust, unconstitutional law.

Sincerely,

Edward B. Hudson DVM, MS
Secretary, CUFOA

CC: Prime Minister Jean Chrétien Garry Breitkreuz, MP
RCMP Detachment, Davidson, SK (sic Craik)

Canadian Unregistered Firearms Owners Association
402 Skeena Crt Saskatoon, Saskatchewan S7K 4H2
1-306-242-2379 1-306-249-2359 fax
edwardhudson@shaw.ca
www.cufoa.ca

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Exhibit “D”

Notice
Constitutional Questions Act

Wednesday, 20 April 2005

The Honourable Irwin Cotler
Attorney General of Canada
House of Commons
Ottawa, Ontario K1A 0A6

Judge David Orr
Saskatchewan Provincial Court
Rm 211 - 110 Ominica St
Moose Jaw, Saskatchewan S6H 6V2

Scott R. Spencer, Senior Counsel
Department of Justice
10th Floor, 123 Second Ave S.
Saskatoon, Saskatchewan S7K 7E6

The Honourable Frank Quennell, Q.C
Attorney General of Saskatchewan
Legislative Building
Regina, Saskatchewan S4S 0B3

Fred Dehm, Q.C
Saskatchewan Crown Prosecutor
224 - 4th Ave South Rm800
Saskatoon, Saskatchewan S7K 2H6

Brian Henderson,
Saskatchewan Crown Prosecutor
Rm 221 - 110 Ominica Street W
Moose Jaw, Saskatchewan S6H 6V2

 

Dear Honourable Sirs,

Re: Craik RCMP File # 2003 - 866
Constitutional Questions Act / Charter Challenge

As required by the Constitutional Questions Act, being Chapter C-29 of The Revised Statutes of Saskatchewan 1978 ... and 2000, c.I-2.01., and in compliance with Judge Orr’s instructions of Tuesday, 04 January 2005, as amended by the Court on Tuesday, 01 March 2005, I hereby serve notice to all the aforementioned parties that I will be in Saskatchewan Provincial Court in Craik, Saskatchewan, on Tuesday, 04 October 2005, to show why I am legally entitled to possess the shotgun which the the RCMP seized from me and wants to destroy. In so doing I will challenge the constitutional validity of the Firearms Act, and the corresponding sections of the Criminal Code of Canada under which the RCMP seized my shotgun.

The Firearms Act of 1995 and the corresponding sections of the Criminal Code of Canada, Section 91(1), 91(2), and 117.03 violate the Canadian Charter of Rights and Freedoms, Sections 7, our Right to “Life, Liberty and Security of Person,” and Section 26, “this Charter ... shall not be construed as denying the existence of any other rights or freedoms that exist in Canada,” specifically, the Right to have “armes for their defense.”

Thank you for your continued attention to this matter.

Sincerely,

Edward B. Hudson, DVM, MS
Secretary

Encl.: Revised Appendix A / Particulars of the Points to be Argued

CC: Lt Governor Lynda Haverstock
Prime Minister Paul Martin
Dept Prime Minister Anne McLellan
Garry Breitkreuz, MP
Premier Lorne Calvert
Brad Wall, Leader Opposition
Don Morgan, Justice Critic

Canadian Unregistered Firearms Owners Association
402 Skeena Crt Saskatoon
Saskatchewan S7K 4H2
1-306-242-2379 1-306-249-2359 fax
edwardhudson@shaw.ca
www.cufoa.ca

Revised Appendix A

20 April 2005

Particulars of the Points to be Argued


The Firearms Act of 1995 violates our Right to have “armes for their defense” and our Right of “security of the person.”

the Firearms Act:
Section 4. The purpose of this Act is
(a) to provide, notably by sections 5 to 16 and 54 to 73, for the issuance of
(i) licences, registration certificates and authorizations under which persons may possess firearms in circumstances that would otherwise constitute an offence under subsection 91(1), 92(1), 93(1) or 95(1) of the Criminal Code,
Section 112. (1) Subject to subsections (2) and (3), every person commits an offence who, not having previously committed an offence under this subsection or subsection 91(1) or 92(1) of the Criminal Code, possesses a firearm that is neither a prohibited firearm nor a restricted firearm without being the holder of a registration certificate for the firearm.

I. “Armes for their defense”

Canadian Charter of Rights and Freedoms:
Section 26.
“The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.”

The Right to “armes for their defense” is guaranteed by the English Declaration of Rights of 1689, the Canadian Bill of Rights, the Canadian Charter of Rights and Freedoms.

The English Declaration of Rights of 1689 provides for citizens to have “armes for their defense.”

The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms brought the Right of “armes for their defense” into Canadian law.

Canadian Bill of Rights:
Section 5. (1) Nothing in Part I shall be construed to abrogate or abridge any human right or fundamental freedom not enumerated therein that may have existed in Canada at the commencement of this Act.

II. “Security of the person”

Canadian Charter of Rights and Freedoms:
Section 7.
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”

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Exhibit “E”

Notice of Appeal to Court of Queen’s Bench

Wednesday, 14 June 2006

Mr. Warren Miller, Registrar
Court of Queen’s Bench
64 Ominica Street West
Moose Jaw, Saskatchewan S6H 1W9

Dear Mr. Miller,

Re: Brief of Reasons & Book of Authorities
Q.B.C.A. No. 272 of 2995

I have enclosed my Brief of Reasons & Book of Authorities for the appeal of the firearms confiscation case from Craik, SK.

As I mentioned in our telephone conversation, last week I contacted Mr. Spencer, Federal Crown Counsel. Mr. Spencer will be calling you to schedule a hearing date.

I will be providing Mr. Spencer a copy of the Brief of Reasons & the Book of Authorities.

Thank you for your consideration.

Sincerely,

Edward B. Hudson DVM, MS
402 Skeena Crt
Saskatoon, Saskatchewan S7K 4H2
(306) 242-2379
CC: Mr. Scott Spencer, Senior Crown Counsel
Encl.: A/S

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Exhibit “F”

Notice of Appeal to the Court of Appeal

Maurice Herauf, Q.C.
Registrar, Court of Appeal for Saskatchewan
2425 Victoria Avenue
Regina, Saskatchewan S4P 3W6

Friday, 06 April 2007
Dear Mr. Herauf,

Re: Edward B. Hudson v. Her Majesty the Queen, CA File No. 1329

Enclosed please find my Factum (two pages) which I submit in support of my appeal. I understand this is the proper procedure as outlined by Mr. Scott Spencer in his letter to you of 03 April 2007.

As I note in my Factum, I will be relying upon the information in my Brief of Law, QB No. 272 of 2005, which I submitted to the Honourable Madam Justice Hunter.

I understand that all of this previously submitted information will be available to the Court of Appeal as they consider my appeal. If my understanding is incorrect, I would be most obliged if you would instruct me in the proper method to present my written argument to the Court.

I will deliver a copy of this letter and a copy of my Factum to Mr. Spencer.

I thank you for your consideration, and I trust you will have a pleasant Easter.

Sincerely,

Edward B. Hudson DVM, MS
Secretary
CC. Premier Lorne Calvert, Minister Frank Quennell, Mr. Scott Spencer

Canadian Unregistered Firearms Owners Association
402 Skeena Crt Saskatoon Saskatchewan S7K 4H2
(306) 242-2379
edwardhudson@shaw.ca
www.cufoa.ca

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