Firearms Owners Association
Q.B. No. 810 of 2007
IN THE COURT OF QUEEN’S BENCH
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
I, WILLIAM THOMAS FLOYD, of Westbridge, in the Province of British Columbia, MAKE OATH AND SAY AS FOLLOWS:
1. That I am a citizen of Canada and as such have knowledge of the matters and facts herein deposed.
2. That I was born in Canada on 9 July 1929 and raised in the Province of British Columbia.
3. That my family history in Canada goes back three generations to approximately 1865.
4. That my family ethnic origin includes Anglo-Saxon forebears, ofWelsh, Irish, Scottish and English heredity.
5. That my family legally owned and legally possessed firearms in Canada without a firearms licence for as long as I can remember. That is, for over 115 years my family legally owned and possessed firearms without a licence.
6. That I have legally owned and possessed firearms in Canada since I was a about fourteen years-old without a firearms licence up until 2003. That is, I have legally owned and possessed firearm without a firearms licence for over 64 years.
7. That I consider the ownership and possession of firearms without a licence part of my 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 in 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 firearms which would be 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, and the protection of my family.17. That I consider the ownership and possession of firearms without a licence part of our unique Canadian heritage and culture.
18. That I was made a Commisioned Officer of the Royal Canadian Air Force in 1953 with a serial number of 216157, later changed to 431-341-890, and was employed as a fighter pilot for 22 years. During this time I was regularly in possession of, and in command of various weaponry, from .22 pistols to .303 rifles to ,50 calibre machine guns, air rockets, napalm and bombs to finally holding a USAF Bomb Commanders Certificate when I was tasked, as a CF 104 pilot with delivering nuclear weapons on targets in the Soviet Zone of Europe.
19. That during those 22 years as a commissioned officer I represented my country and my Air Force in many ground and air weapons competitions culminating in the NATO 4th A.T.A.F. Air Weapons Competition in 1964 when I was one of four Canadian pilots on the team which won the Bradshaw Trophy.
20. That I was made an Officer of the Order of Military Merit in December of 1972 for “extreme bravery on several occasions while test flying CF 104 aircraft”.
21. 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.
Signed: William Thomas Floyd
SWORN before me at the City of )
This document is delivered by
Edward B. Hudson
30 & 31 Victoria, c. 3. (U.K.)
An Act for the Union of Canada, Nova Scotia, and New
Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom:
Article 7 of the English Declaration of Rights of 1689
That the subjects which are protestants, may have arms
7. Everyone has the right to life, liberty and security
Canadian Charter of Rights and Freedoms
26. The guarantee in this Charter of certain rights and
Canadian Charter of Rights and Freedoms