Constitutional challenge of federal Firearms Act dismissed, criminal
charges now in court
By Garett Williams
Wednesday November 14, 2007
Jury selection was completed Tuesday and Bruce and Donna Montague’s
criminal trial on firearms charges is set to get underway today in
Kenora‘s Superior Courtroom.
After his constitutional challenge of the Federal Firearms Act was
dismissed last week, Bruce Montague returned to court to face 53
weapons related offences alongside his wife, Donna, who is facing three
similar charges.
Montague's Charter applications aimed to strike out sections of the
Criminal Code of Canada related to the firearms act, to have their
criminal charges dismissed and to have the Firearms Act declared
unconstitutional.
Justice John Wright instructed the jury, made up of 10 men and two
women, which is not being sequestered, not to talk to anyone about the
case and to reserve judgment until they are presented all the evidence
in court.
Dozens of potential jurors were excused from duty, saying their strong
views on guns, the registry and the government itself would keep them
from being impartial.
If this were a sexual assault case, Wright said he wouldn’t expect
anyone to say “I’m against sexual assault” and expect to be excused.
After a long day in the courtroom, Wright decided to move ahead
without choosing two alternate jurors.
The Montagues’ charges date back more than three years when he was
arrested at a gun show in Dryden.
After firing Toronto lawyer Calvin Martin in March, the case resumed
again in May when Montague announced Victoria lawyer Doug Christie --
best known for defending the freedom of speech rights of those accused
of Nazi war crimes and racist or anti-semitic activity -- would take
over as his council.
Attorneys Peter Keen and Robert Young are representing the Crown.
Montague has said he is prepared to continue his fight against the
Firearms Act if it takes him all the way to the Supreme Court of
Canada.
Link: http://cgi.bowesonline.com/...
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