October 5, 2005
We just got back from our court hearing that deals with the forfeiture
of our home.
It didn't go as well as I had hoped. The judge didn't allow Donna and I
to put forth any arguments; only the crown seemed to be allowed to speak.
No doubt, the judge's attitude toward us was influenced by the fact that
the crown had arranged for added security measures to be taken. There
were about six uniformed and at least two plain clothes police officers
there just for our hearing. Our case was delayed one and a half hours so
that they could empty the court room of all other cases except ours. We
were searched as well as some supporters, before entering the court
room. When we sat down in the court room we were surrounded by police
officers (both uniform and non). I found these theatrics very
disturbing, as they definitely conveyed the impression that we were
dangerous to the court. I thought it was quite evident that these
theatrics biased the judge against us.
The only minor concession we got, was not being forced to insure our
home. The crown was trying to have the judge order that we insure our
home "against common perils". The judge seemed to agree that this was
going a little too far, and ordered that if the crown wants to insure
its interests, then the crown should pay for it and let the trial judge
decide if we should be responsible for the premiums.
I felt the only thing that helped at all, was our lawyer, Calvin Martin.
Under very short notice he wrote up some papers and faxed them in ahead
of us. Our court system most definitely does not like to hear from "mere
mortals". I find this whole process tyrannical and malicious. I feel
like a mouse that the cat has found.
Bottom line is, we get to keep our home, at least until after our
constitutional trial. The judge also put a hold on assigning us court
costs until after the trial. In effect we no longer really have a home
that is ours, but are allowed to stay in it under strict rules.
This is a heavy personal blow to us, with decades of labour and savings
lost to an act of malicious and arbitrary state power. Even though I
understand the tactics and know what they're up to, it still bothers me
immensely that people in our justice system can do the things they do.
Then they bear false witness against us to try to justify their actions.
As far as the constitutional challenge goes, this is REALLY GOOD NEWS!!!
We don't have to deal with the crown taking our home away until after
our Charter Challenge. The other good point is that this tactic of
taking our home away from us really shows the true colours of our
justice system. They will stoop to anything to defend their "billion
dollar law". They are using one bad law (Proceeds of Crime law) to try
and save another bad law (the Firearms Act).
The stakes are rising, and the pressure is building. This means that the
crown must be very nervous that a group of Canadians trying to defend
our constitution might actually win.
Daily, I give a prayer of thanks that we have the supporters we do, and
I pray also that we continue to build our strength in spite of the
adversity the crown throws at us.
Yours in Liberty,
I will be strong and courageous. I will not be terrified, or
discouraged; for the Lord my God is with me wherever I go.
DISCLAIMER: BruceMontague.ca is maintained by friends and
supporters of Bruce Montague.
It is NOT an official mouth-piece for Bruce
Montague's legal defense.