CUFOA

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

Saturday, 26 July 2008

Thomson Irvine, Senior Crown Counsel
Saskatchewan Department of Justice
820 - 1874 Scarth Street
Regina, Saskatchewan S4P 4B3

Dear Mr. Irvine,

Re: We Invite your participation as an Intervenor

Thank you for your letter of 15 July 2008 acknowledging acceptance of our Notice of Constitutional Questions which we will raise in Provincial Court in Saskatoon on Wednesday, 08 October 2008. We are, however, disappointed that you state in your cover letter that the Attorney General of Saskatchewan “will not participate in the hearing of this application."

We would respectfully ask that you reconsider this decision.

In our challenge to Section 71 of the Firearms Act we plan to raise Charter arguments that deal directly with the Right of individual citizens to own private property.

The British North America Act, 1867, Section 92, "Exclusive Powers of the provincial Legislature", states:

In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated;

and subsection 13 places:

Property and Civil Rights in the Province.

We realize that the Supreme Court of Canada in Reference re Firearms Act (Can.) [2000] 1 S.C.R. has allowed the federal government to intrude into provincial turf regarding the application of criminal law:

The Firearms Act does not trench on provincial powers such that upholding it as criminal law will upset the balance of federalism. The provinces have not established that the effects of the Act on provincial jurisdiction over property and civil rights are more than incidental.

However, in this case the police have not laid any criminal charges, and most significantly, the federal government has not alleged any crime. A federal agency has simply issued an administrative directive that I must surrender my personal property. We regard this as a grave violation of our Charter Rights.

In Reference re Firearms Act the Supreme Court also stated:

If the law violates a treaty or a provision of the Charter, those affected can bring their claims to Parliament or the courts in a separate case. The reference questions, and hence this judgment, are restricted to the issue of the division of powers.

We are trying to "bring a separate case" to court so we can defend our Rights.

We are prepared to fight his battle, but we could certainly benefit from the expertise of the Constitutional Law Division of the Saskatchewan Department of Justice.

Should not the Government of Saskatchewan which has a constitutionally mandated "exclusive" interest in both property and civil rights become actively engaged when citizens attempt to prevent the confiscation of legally acquired and responsible owned personal property, especially when no criminal activity is involved?

I trust that the Justice Department of the Province of Saskatchewan would seriously consider becoming actively involved in defending the Right of responsible Saskatchewan citizens to own property.

We would welcome your involvement as an intervenor on our behalf.

Sincerely,

Edward B. Hudson DVM, MS
Secretary

CC: Premier Brad Wall, Don Morgan, Minister of Justice, and Sk Party MLA’s

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