CUFOA

Canadian Unlicensed Firearms Owners Association
Association canadienne des propriétaires d’armes sans permis

Bruce & Donna Montague's
Constitutional Challenge

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File Number: 33623

Court of Appeal For Ontario No.: C48542

IN THE SUPREME COURT OF CANADA

(ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO)

BETWEEN:

WILLIAM BRUCE MONTAGUE AND DONNA JEANNE MONTAGUE

Applicant
(Appellant) C48542

AND:

HER MAJESTY THE QUEEN

Respondent
(Respondent) C48542

NOTICE OF APPLICATION FOR LEAVE TO APPEAL

TAKE NOTICE that William Bruce Montague and Donna Jeanne Montague hereby apply for leave to appeal to the Court, pursuant to s. 40(1), Supreme Court Act, from the judgment of the ONTARIO COURT OF APPEAL, C48542, made 25 February 2010, and that the order of the Honourable Justices Moldaver, MacPherson and Cronk be set aside, or such further or other order that this Honourable Court may deem appropriate;

FURTHER TAKE NOTICE that this application for leave is made on the following grounds:

1. That the Honourable Court of Appeal erred in law by in holding that the sections of the Firearms Act and the Criminal Code under which charges were laid were constitutionally valid and within the power of Parliament, or in breach of sections 7 and 26 of the Charter of Rights and Freedoms and not saved by section 1 thereof.

2. That the Honourable Court of Appeal erroneously ignored the Crown`s inflammatory address to the jury, on which they could have validly based their verdict.

3. That the Honourable Court of Appeal erroneously ignored the amendment of the indictment after the close of the defence case.

4. That the Honourable Court of Appeal erroneously imposed a harsh sentence and mandatory minimum sentence.

5. That the Honourable Court of Appeal erroneously imposed an unlawful conditional and jail sentence.

6. All of which caused a substantial miscarriage of justice and confusion of the law.

Dated at Victoria, British Columbia this 8th day of March 2010.

SIGNED BY
________________________________________
Douglas H. Christie
Counsel for the Applicants,
William Bruce Montague and Donna Jeanne Montague

Counsel for the Applicants, William Bruce Montague
and Donna Jeanne Montague:
Douglas Christie
Barrister & Solicitor
810 Courtney Street
Victoria, BC V8W 1C4
Tel: 250-590-2979
Fax: 250-479-3294
email: DougChristieLaw@shaw.ca
Agent for the Applicants, William Bruce Montague and Donna Jeanne Montague
Robert Houston, QC
Burke –Robertson
Barristers & Solicitors LLP
70 Gloucester Street
Ottawa, Ontario K2P 0A2
Tel: 613-566-2058
Fax: 613-235-4430
email: RHouston@BurkeRobertson.com


ORIGINAL TO: THE REGISTRAR

COPIES TO:

Counsel for the Respondent, Her Majesty the Queen:
Frank Au
John Pearson
Crown Law Office - Criminal
Ministry of the Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Tel: 416-326-4590 (Mr. Au)
Tel: 416-212-6478 (Mr. Pearson)
Fax: 416-326-4656
Email: Frank.Au@ontario.ca
John.Pearson@ontario.ca


AND TO:

Crown Attorney’s Office
Ministry of the Attorney General
284 Wellington Street
Ottawa, Ontario K1A 0H8
Tel: (613) 957-4212
Fax: (613) 954-0811

NOTICE TO THE RESPONDENT: A respondent may serve and file a memorandum in response to this application for leave to appeal within 30 days after service of the application. If no response is filed within that time, the Registrar will submit this application for leave to appeal to the Court for consideration pursuant to Section 43 of the Supreme Court Act.

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