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
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 BOB LICKACZ

I, BOB LICKACZ, of Spruce Grove, in the Province of Alberta, 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 September 20, 1950 and raised in the Province of Alberta.
  3. That my family history in Canada goes back 3 generations to approximately 1917.
  4. That my family ethnic origin includes Anglo-Saxon forebears.
  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 80 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 twelve-years-old without a firearms licence up until 2001. That is, I have legally owned and possessed firearm without a firearms licence for over 43 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 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.


SWORN before me at the City of
Edmonton, in the Province of
Alberta, this 28th day of April 2008.

(SIGNED Bob Lickacz)

A Commissioner for Oaths in and for
the Province of Alberta.
My commission expires 02 August 2008


This document is delivered by:
Edward B. Hudson
Applicant

402 Skeena Court
Saskatoon, SK. S7K 4H2

Telephone: (306) 242-2379

Exhibit “A”

30 & 31 Victoria, c. 3. (U.K.)

(Consolidated with amendments)

An Act for the Union of Canada, Nova Scotia, and New Brunswick,
and the Government thereof; and for Purposes connected therewith

[29th March 1867.]
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:


Exhibit “B”

Article 7 of the English Declaration of Rights of 1689

That the subjects which are protestants, may have arms for their defence suitable to their conditions, and as allowed by law.


Exhibit “C”

7. Everyone has the right to life, liberty and security of the person ... .

Canadian Charter of Rights and Freedoms

Exhibit “D”

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.

Canadian Charter of Rights and Freedoms

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