Firearms Owners Association
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:
EDWARD B. HUDSON
THE ATTORNEY GENERAL OF CANADA
AFFIDAVIT OF JACK MCKELVIE WILSON
I, Jack McKelvie Wilson, of the City of Saskatoon, in the Province of Saskatchewan, MAKE OATH AND SAY AS FOLLOWS:
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 my family history in Canada goes back three generations to 1912.
4. That my family ethnic origin includes Anglo-Saxon forebears.
5. That, according to our family history, my family legally acquired, owned, and possessed firearms in Canada without a firearms licence. That is, for over eighty-nine years my family legally acquired, owned and possessed firearms without a licence until Parliament implemented the Firearms Act.
6. That since I was fifteen years old I have legally acquired, owned, and possessed firearms without a firearms licence in Canada up until 01 January 2001. That is, I have legally acquired, owned, and possessed firearm without a firearms licence for over thirty-four years.
7. That I consider the acquisition, ownership, and possession of firearms without a licence part of our unique Canadian heritage and culture.
8. That in as much as the preamble to the British North America Act, 1867, calls for the provinces of Canada to be united “with a Constitution similar in Principle to that of the United Kingdom” I take legal exception to the spurious notion that Parliament has the authority to pass legislation which destroys my Right to have “Armes for their Defense” as provided for under Article Seven of the English Declaration or Rights, 1689.
9. That attached hereto and marked as Exhibit “A” is a copy of the preamble of the British North America Act, 1867.
10. That attached hereto and marked as Exhibit “B” is a copy of Article Seven of the English Declaration or Rights, 1689.
11. That attached hereto and marked as Exhibit “C” is a copy of the Canadian Charter of Rights and Freedoms, Section 26 which recognizes the existence of other non-enumerated rights and freedoms.
12. That attached hereto and marked as Exhibit “D” is a copy of the Canadian Charter of Rights and Freedoms, Section 7 which guarantees “Everyone has the right to life, liberty and security of the person ... .”
13. That since 1994 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.
14. That commencing 01 January 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.”
15. That I am currently the owner of a Stevens Model 311A 12 gauge double-barreled shotgun which is subject to seizure and confiscation under Section 117.03 of the Firearms Act and the Criminal Code.
16. That I consider the ownership of firearms a necessity for my personal protection.
17. That I am a close, personal associate of Dr. Edward B. Hudson, and have traveled with him extensively all across Canada over the past five years, participating actively with him in peaceful, nonviolent public civil noncompliance to the Firearms Act.
18. That I was personal present with Dr. Hudson near Davidson, Saskatchewan on 10 October 2003 when the RCMP seized and confiscated his firearm.
19. That I have assisted and helped Dr. Hudson in all aspects of the court presentations concerning his challenge to the destruction order of his firearm.
20. That in peaceful demonstrations across Saskatchewan I have twice had firearms sized and confiscated by the RCMP under Section 117.03 of the Criminal Code and the Firearms Act.
21. That I have refrained from my personal efforts to regain possession of my confiscated firearms awaiting the outcome of Dr. Hudson’s court proceedings.
22. That in this connection 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.
402 Skeena Court
preamble of the British North America Act, 1867
30 & 31 Victoria, c. 3. (U.K.)
An Act for the Union of Canada, Nova Scotia, and New
[29th March 1867.]
English Declaration of Rights of 1689
That the subjects which are protestants, may have arms
for their defence
Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
Everyone has the right to life, liberty and security of the person ... .