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, ANTHONY KINGSLEY BEATTIE, of Ottawa, in the Province of Ontario, MAKE OATH AND SAY AS FOLLOWS:
1. 1. That I am a citizen of Canada and as such have knowledge of the
matter and facts herein deposed.
1. 3. That my family history in Canada goes back to the colony of France.
1. 4. That my family ethnic origin includes Scots, French, Irish, English and Metis.
1. 5. That my family legally owned and legally possessed firearms in Canada without a firearms licence for as long as I can remember. My ancestors legally owned and possessed firearms before, and after, Confederation.
1. 6. That I have legally owned and possessed firearms in Canada, without a licence, since I was about 12 years old. I now possess Firearms Possession-Acquisition licence No.12081406.0002 valid to 2010/11/07.
1. 7. That I consider the ownership and possession of firearms to be part of my heritage as a Canadian citizen and that the present system does not recognize, and attempts to extinguish a right, which predates the existence of the state.
1. 8. That in as much as the preamble of the British North America Act, 1867, calls for the provinces of Canada to be united ôwith a Constitution similar in Principle to that of the United Kingdomö I take legal exception to the spurious notion that Parliament has the authority to pass legislation which destroys my Right to have ôarmes for their Defenseö as provided for under Article Seven of the English Declaration of Rights, 1689.
1. 8. That Section 7 of the Canadian Charter of Rights and Freedoms guarantees that ôEveryone has the right to life, liberty, and security of the personàö
1. 9. That Section 26 of the Canadian Charter of Rights and Freedoms recognizes the existence of other non-enumerated rights and freedoms.
1. 10. That, in spite of possessing a ôlicenceö, I believe the present scheme ignores and subverts my inalienable rights as a citizen of Canada and that the Firearms Registration program is a flagrant example of Federal Government invasion of provincial jurisdiction, under the pretense of being Criminal Law.
1. 11. That, as an act of civil disobedience, I have left unregistered one ôfirearmö, being a barreled receiver for a .22 Cooey which I have owned since my youth.
1. 12. That the act of civil disobedience is known to the authorities and did not prevent me from being accepted as a volunteer Firearms Verifier for the RCMP.
1. 13. That since 1994 I have been actively involved in political, legal (see Superior Court of Justice-Ontario file #00-CV-13005) and other activities to repeal the Firearms Act; and, have the state recognize the citizenÆs right to possess firearms for all legal purposes; including defense of self, home, family and society.
1. 14. That in this connection I make 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 ss7 and 26 of the Canadian Charter of Rights and Freedoms.
SWORN before me at the City of OTTAWA, in the Province of ONTARIO, this