CUFOA

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

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

NOTICE OF MOTION

TAKE NOTICE that an application will be made to the presiding Judge in Chambers, at the Court House, in Saskatoon, 520 Spadina Crescent East, on Thursday, the 16th day of August, 2007, at 10:00 o’clock in the forenoon or so soon thereafter as Applicant can be heard for the following relief pursuant to Part 52 of the Rules of Court:

1. Relief Sought:

a) For an Order pursuant to Rule 664 declaring that Respondent Attorney General of Canada is without jurisdiction:

i) to request a destruction order of my firearm;
ii) to continue to hold my firearm;

b) For an Order pursuant to Rule 664 declaring the Provincial Court of Saskatchewan in Craik, Saskatchewan, is without jurisdiction to make any findings of fact which would amount to a status decision concerning the applicant’s firearm;

c) For an Order pursuant to Rule 664 declaring that the Craik RCMP:

i) are without any authority to hold applicant’s firearm; and
ii) should forthwith return said firearm to applicant.

AND FURTHER TAKE NOTICE that the application will be made upon the following grounds:

2. Grounds for Relief:

a) The Applicant is an adult citizen of Canada;

d) The Applicant has not been restricted by court order from possessing firearms;

e) The Applicant is the owner of a 16 gauge Stevens pump shotgun;

f) The Craik RCMP, purporting to act pursuant to Section 117.03 of the Criminal Code, seized and confiscated this firearm on 10 October 2003 because Applicant did not have a licence to possess a firearm;

g) The Respondent, the Attorney General of Canada, purporting to act pursuant to Section 117.03 of the Criminal Code, sought and obtained a destruction order for this firearm from Saskatchewan Provincial Court Judge David Orr in Craik, Saskatchewan, on 02 May 2006;

h) The Applicant will be:

i) Invoking this Honourable Court’s original and exclusive jurisdiction to interpret and declare that the statutory intent and meaning of 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);

ii) Invoking this Honourable Court’s original and exclusive jurisdiction to interpret and declare that the statutory intent and meaning of Section 117.03 of the Criminal Code violates Section 26 of the Canadian Charter of Rights and Freedoms;

iii) Invoking this Honourable Court’s original and exclusive jurisdiction to interpret and declare that the statutory intent and meaning of Section 117.03 of the Criminal Code violates Section 7 of the Canadian Charter of Rights and Freedoms;

iv) Invoking, under the circumstances of this case, this Honourable Court’s original and exclusive jurisdiction to declare that the Applicant has a constitutionally protected right to possess firearms without a federal licence;

v) Invoking, under the circumstances of this case, this Honourable Court’s original and exclusive jurisdiction to provide a remedy to the Applicant pursuant to the provision of Section 24 of the Canadian Charter of Rights and Freedoms;

AND FURTHER TAKE NOTICE that in support of the within application will be read:

a) This Notice of Motion with proof of service thereof;

b) The Affidavit of Edward B. Hudson;

c) The Affidavit of Jack McKelvie Wilson;

d) The pleadings and proceedings had and taken in Saskatchewan Provincial Court in Craik, Saskatchewan on 07 September 2004, 04 October 2005, 06 December 2005, and 02 May 2006;

e) Such further and other material and supporting affidavits as Appellant may advise and this Honourable Court shall allow.

DATED at the City of Saskatoon, in the Province of Saskatchewan, this 27th day of June, 2007.

EDWARD B. HUDSON

________________
Applicant

Delivered by
Edward B. Hudson
402 Skeena Court
Sasaktoon, Saskatchewan S7K 4H2
(306) 242-2379