Firearms Owners Association
18 July 2013
The Honourable Peter MacKay
Dear Mr. MacKay,
Re: Challenging the Firearms Act
Congratulations on your being appointed Minister of Justice and Attorney General of Canada. I have confidence that you will bring integrity and proficiency to your new positions.
In July 2003 I had the pleasure of meeting you at the Royal Canadian Legion in Stellarton, Nova Scotia, when you spoke against the Firearms Act at a Canadian Unlicensed Firearms Owners Association event hosted by local Stellarton resident Al Muir. At that time CUFOA was employing peaceful civil disobedience in “Sea-to-Sea” demonstrations in each provincial capital to persuade Prime Minister Jean Chrétien to repeal the Firearms Act.(1) Ten years later we are still working for the repeal of the Liberals’ 1995 Firearms Act and its attendant changes to the Criminal Code that make the mere possession of firearm illegal. Regrettably, now we are forced to work against Mr. Stephen Harper and his so-called Conservative Government that now inexplicably endorses Mr. Chrétien’s unjust law.
As I say in the enclosed copy of my letter to Mr. Harper of 13 July 2013, we feel totally betrayed by Mr. Harper. We have given up on working within the political system while Mr. Harper is Leader of the Conservative Party and Prime Minister. Consequently, we are once again using peaceful, civil disobedience to challenge the Federal Government’s unaccountably retention of this faithless law. We seek to be properly charged under the Criminal Code of Canada for knowingly possessing a firearm without a licence, a Criminal Code section 92 violation.(2)
I write to you, Mr. MacKay, because under the Byzantine procedures that the Firearms Act introduced into the Criminal Code, specifically CC section 117.03, the police can seize and confiscate every firearm that we own and never charge us with a single offence.(3) This makes using direct, peaceful civil disobedience against this treacherous law in a safe manner impossible.
We challenge the Government to test this perfidious law in court in a fair trial by a jury where there is only this one clear, specific charge of unlicenced possession of a firearm. If the people of Saskatoon believe this mendacious licencing law – a law that violates so many valued Canadian Liberties - is truly essential for their safety, then we are prepared to go to prison.(4) To expedite in this process I have enclosed a photograph of myself holding my Cooey .22 rifle. I likewise enclose an affidavit that attests to my illegal possession of this firearm.
Therefore, I ask that you direct the Saskatoon RCMP to charge me for my illegal action.
I would greatly appreciate your prompt, positive consideration.
CC: Prime Minister Stephen Harper, Senators and Members of Parliament from Saskatchewan
2. Criminal Code of Canada s.92(1);Possession of firearm knowing
its possession is unauthorized
3. Criminal Code of Canada s.117.03; Seizure on failure to produce
(3) Where any thing seized pursuant to subsection … a peace
officer shall forthwith take the thing before a provincial court judge,
who may, after affording the person from whom it was seized … an
opportunity to establish that the person is lawfully entitled to possess
it, declare it to be forfeited to Her Majesty, … .
4. Dr. Ted Morton, “How the Firearms Act (Bill C-68) violates the
Charter of Rights and Freedoms”
Canadian Unlicensed Firearms Owners Association