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 JAMES IVAN TURNBULL

I, JAMES IVAN TURNBULL, of the hamlet of Jarvie, 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 31 August 1934 and raised in the Province of Alberta.
  3. That my family history in Canada goes back four generations to 1867.
  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 one hundred twenty-five (125) 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 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 fifty-five (55) 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 Britsh 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 I consider the ownership of firearms a necessity for my personal protection, and the protection of my family.
  14. That I consider the ownership and possession of firearms without a licence part of our unique Canadian heritage and culture.
  15. 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.
  16. 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."
  17. That I am a close, personal associate of Dr. Edward B. Hudson, and for two years I traveled with him extensively all across Canada - from coast-to-coast - demonstrating at each provincial capitol - from Victoria to St. John's, and participated actively with him in peaceful, nonviolent public civil noncompliance to the Firearms Act.
  18. That in Ottawa on Parliament Hill on New Year's Day 2003 while demonstrating to protect our Right to own firearms, I was arrested, jailed, and charged.
  19. That I had a firearm roughly seized from my possession by the Ottawa RCMP, and that my firearm is still being held by the RCMP in Ottawa.
  20. 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.
  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.

SWORN before me at the Hamlet of Jarvie,
in the Province of Alberta, this 27th day of July 2007

(SIGNED James Ivan Turnbull)

(SIGNED Richard James Latawiec)
A Commissioner for Oaths in and for the Province of Alberta
My commission expires January 13, 2009

This document is delivered by:
Edward B. Hudson
Applicant

402 Skeena Court
Saskatoon, SK S7K 4H2

Telephone: (306) 242-2379

 

Exhibit "A"

British North America Act, 1867

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

(Consolidated wtih amendments)

An Act for the Union of Canada, Nova Scotia, and New Brunswick,
and the Government thereof; and for the 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 defense suitable to
their conditions, and as allowed by law.

Exhibit "C"

Canadian Charter of Rights and Freedoms

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.

Exhibit "D"

Canadian Charter of Rights and Freedoms

7. Everyone has the right to life, liberty and security of the person ... .
Canadian Charter of Rights and Freedoms

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