Bruce Montague's appeal of 26 firearms related convictions has been dismissed by a decision released by the Ontario Court of Appeal Thursday.
The decision dismissed his argument of a constitutional right to own firearms and ruled trial errors were not an issue.
In a Feb. 18 hearing, Montague's lawyer, Doug Christie, raised a number of grounds for appeal, including the trial judge's ruling of the constitutionality of the firearms provisions, the validity of a second search warrant of the Montague's home — which resulted in the seizure of the majority of firearms from a hidden room in the basement — and the Crown's closing address, among other issues. Montague's 18-month sentence was also challenged as "inordinately harsh."
Montague has called the federal firearms registry unconstitutional and has been fighting it in court since his 2004 arrest at a Dryden gun show, claiming an inherent right to bear firearms.
Thursday's decision, released by Justice Michael Moldaver, Justice James MacPherson and Justice Elanore Cronk, cited two Supreme Court of Canada decisions saying "Canadians, unlike Americans, do not have a constitutional right to bear arms" and "Possession and use of firearms is not a right or freedom guaranteed under the (Canadian Charter of Rights and Freedoms), but a privilege."
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