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

Letters to Provincial Premiers
& Ministers

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Premier of Saskatchewan
Legislation Building
Regina, Canada S4S 0B3

May 30 2007

Edward Hudson, Secretary
Canadian Unregistered Firearms
Owners Association
402 Skeena Court

Dear Mr. Hudson:

Thank you for your letter of April 6, 2007, concerning the application by the federal Attorney General to forfeit your shotgun under the Criminal Code. I appreciate your taking the time to contact me with your concerns, and apologize for the lateness of my reply.

As you know, the Government of Saskatchewan opposed the introduction of the federal firearms registry, both by political pressure and in the courts. An all-party delegation form the Saskatchewan Legislative Assembly appeared before the parliamentary committee in Ottawa to oppose the federal legislation. The Government of Saskatchewan also declined the request by the federal Government to assist in the administration of the firearms registry in Saskatchewan.

When our political pressure did not persuade the federal government, we joined in the Firearms Reference to challenge the constitutionality of the firearms registry. Unfortunately, the Alberta Court of Appeal and the Supreme Court of Canada both upheld the constitutionality of the Firearms Act and the firearms registry. The Supreme Court held that the Firearms Act is within the federal jurisdiction over criminal law, and does not infringe upon the provincial jurisdiction over property and civil rights. See: Reference re Firearms Act (Canada), [2000] 1 S.C.R. 783.

Under the rule of law, once Parliament has enacted a law and the courts have confirmed hat the law is constitutional, citizens and governments are required to obey the law, even if they do not agree with it. Since the Supreme Court has upheld the constitutionality of the firearms registry, and concluded that it does not infringe provincial jurisdiction over property and civil rights, there does not appear to be a further role for the Province to play.

I understand that this issue is of considerable importance to you and note that you are representing yourself on this appeal. I also note that the appellant in the Lemieux case also represented himself; however, he was unsuccessful. In these circumstances, I would strongly urge you to consult a lawyer. The law governing appeals and reviews of lower court decisions can sometimes be complex. A lawyer may be able to assist you in finding a way to have the higher courts review the forfeiture order of the Provincial court in this case.

Again, thank you for advising me of your concerns in this matter.

Yours sincerely,

Lorne Calvert

cc: Honourable Frank Quennell, Q.C
Minister of Justice and Attorney General