CUFOA

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

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, ... .
Preamble, Universal Declaration of Human Rights, 1948

Canadian Unlicensed Firearms Owners Association’s
proposal to
Saskatchewan Minister of Justice, the Honourable Don Morgan Q.C.

for Monday, 09 June 2008:

We believe the Federal Firearms Act, 1995, and the consequent changes to the Criminal Code are ultra vires Parliament in that they violate the basic premises of the English Declaration of Rights, 1689, the British North America Act, 1867, and the United Nations Universal Declaration of Human Rights, 1948.

We understand that the Supreme Court of Canada has ruled that the Firearms Act is “valid criminal law.” However the Alberta Reference re Firearms Act - and all the provincial interveners - including Saskatchewan - only addressed the issue of federal intrusion onto provincial turf - not the issue we raise, that is, the violation of our individual Rights.

Our understanding of the BNA Act, s. 92 (13) “Property and Civil Rights in the Province” means that the Provincial Government is charged with protecting these Rights. This seems to have been the purpose of the 1947 Saskatchewan Bill of Rights (now incorporated into the Saskatchewan Human Rights Code) which Permier Tommy Douglas introduced as a response to the heavy-handed practices of the federal government in dealing with labor organizations.

While previous Saskatchewan governments have proclaimed that they would “not enforce” the Firearms Act in Saskatchewan, this has not been the case. As clearly shown by the Lemieux and Hudson cases (references cited below), the RCMP have used the Firearms Act’s accompanying changes to the Criminal Code to strip individual Saskatchewan citizens of their legally obtained property - without charges, without trial, without conviction, and all without appeal.

We submit that this is intolerable; that Saskatchewan must lead the way, to set the standard of protecting our Rights and Freedoms. If we in Saskatchewan allow the federal government to enforce an unjust law which makes firearms ownership illegal, we will have lost two of our most basic essential freedoms. Other less “democratic” countries will deny firearms to their citizens, not simply denying them their Rights, but allowing tyranny and genocide to follow.

We believe the Government of Saskatchewan needs to take two specific steps to defend our individual Rights.

Therefore we ask our provincial Government to:

1. Challenge the validity of the Firearms Act by
   1. initiating a Reference to the Supreme Court,
   2. intervening in CUFOA’s Court of Appeal challenge to Criminal Code s. 117.o3 , or,
   3. doing both,
      and,
2. Protect our individual Rights by
   1. passing a new provincial Bill of Rights which includes the protection of property and armed self-defense , or,
   2. amending the current Saskatchewan Human Rights Code to include the protection of property and armed self-defense.

We ask the Government of Saskatchewan to support us in this fight to protect our traditional, historic Rights.

Edward B. Hudson DVM, MS
Secretary

CC: Ms. Nadine Wilson, MLA - Saskatchewan Rivers

Canadian Unlicensed Firearms Owners Association
Association canadienne des propriétaires d’armes sans permis
402 Skeena Crt Saskatoon
Saskatchewan S7K 4H2
(306) 242-2379 (306) 230-8929
edwardhudson@shaw.ca
www.cufoa.ca

Background:

Armed self-protection is a basic, innate, inalienable Right

The English Declaration of Rights, 1689, provides for “Armes for their Defense.”

English Statue Law was “received” into Canada as early as 1758. As noted by Report on the Disposal of English Statute Law in Saskatchewan the reception date for Saskatchewan was set as 15 July 1870.

Neither the Government of Canada nor the Government of Saskatchewan has repealed the English Declaration of Rights, 1689.

Ownership of property forms the basis of Western civilization

Beginning in 1585 and for the next 150 years until 1733 land grants - property - formed the basis of the Royal Charters for the establishment of the British North American Colonies and Rupert’s Land in Canada. The Royal Proclamation of 1763 affirmed to all people in North America their Rights and Liberties.

The Quebec Charter of human rights and freedoms recognizes the importance of protecting personal property.

The Canadian Bill of Rights, 1960 recognizes property “and the right not to be deprived thereof except by due process of law;” and further sates:

Nothing ... shall be construed to abrogate or abridge any human right or fundamental freedom not enumerated therein that may have existed in Canada at the commencement of this Act. (s. 5)

The Canadian Charter of Rights and Freedoms

shall not be construed as denying the existence of any other rights or freedoms that exist in Canada. (s. 26)

Property forms the bedrock of our society, but property needs specific protection.

References:

English Declaration of Rights, 1689
http://www.yale.edu/lawweb/avalon/england.htm

Constitution Acts, 1867 to 1982
http://laws.justice.gc.ca/en/const/c1867_e.html#pre

Universal Declaration of Human Rights, 1948
http://www.un.org/Overview/rights.html

Canadian Bill of Rights, 1960
http://laws.justice.gc.ca/en/showdoc/cs/C-12.3///en?page=1

Reference re Firearms Act (Can.) [2000] 1 S.C.R.
http://scc.lexum.umontreal.ca/en/2000/2000scc31/2000scc31.html

Canadian Charter of Rights and Freedoms
http://laws.justice.gc.ca/en/const/annex_e.html#I

Quebec Charter of human rights and freedoms, R.S.Q. c. C-12
http://www.canlii.org/qc/laws/sta/c-12/20050513/whole.html

The Saskatchewan Human Rights Code
http://72.14.205.104/search?q=cache:GgpoPgPJCaMJ:www.qp.gov.sk.ca/documents/English/Statutes/Statutes/S24-1.pdf+saskatchewan+human+rights+act&hl=en&ct=clnk&cd=1&gl=ca

R. v. Lemieux, 2006 SKQB 239 (CanLII)
http://www.canlii.org/sk/cas/skqb/2006/2006skqb239.html

R. v. Hudson, 2007 SKCA 82 (CanLII)
http://www.canlii.org/en/sk/skca/doc/2007/2007skca82/2007skca82.html

Hudson v. Canada (Attorney General), 2007 SKQB 455 (CanLII)
http://www.canlii.org/en/sk/skqb/doc/2007/2007skqb455/2007skqb455.html

Appellant's Factum Saskatchewan Court of Appeal, 2008
http://www.cufoa.ca/articles/armes/armes_10_april_2008.html

FACTUM OF THE RESPONDENT Saskatchewan Court of Appeal, 2008
http://www.cufoa.ca/articles/armes/armes_7_may_2008.html