Bruce Montague
Bill C-68 Court Challenge
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This Case Epilogue written February 1, 2017 is intended to provide context to this web site as it documents a Canadian constitutional challenge spanning from 2004 to 2016. Bruce Montague determined to expose the constitutional violations in the Canadian Firearms Act. After being charged, mounting a constitutional challenge and appealing to the Supreme Court of Canada, Montague's case was dismissed without reasons. With Bruce in jail, the Montagues then faced an another twist of injustice -- the confiscation of their home and property by the Ontario government. The Montagues fought the civil forfeiture of their home for years until, in the summer of 2016, the Canadian Constitution Foundation was instrumental in negotiating with the Ontario Civil Forfeiture department to drop the lien against the Montague home. The Canadian Constitution Foundation deserves our support as they continue to fight other cases of injustice around the country. YOU COULD BE NEXT! Canada is undergoing a quiet revolution and your fundamental rights and freedoms are at stake!
What's Wrong with Civil Forfeiture» | Write to Stop Civil Forfeiture»

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Sept11-2012: Montagues Eight Years Later

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Well, today is 8 years since Bruce Montague was arrested on September 11, 2004.

So what's the news?

  • Karen Selick was published in the Calgary Herald last week: Selick: Just like Russia, Canada persecutes its protesters
  • The criminal forfeiture trial ruling regarding seized firearms and business property forfeit 99% of the seized firearms
  • Montagues are appealing this ruling on the basis that forfeiting $100,000 of property is disproportionate for mere paperwork infractions, and that others have had their firearms returned in similar circumstances
  • Montagues are still facing civil forfeiture proceedings on their house pending completion of the criminal forfeiture appeals
  • Montagues are doing well; Bruce is finishing probation and working on various projects
  • Recent federal legislation removing the long-gun registry was mostly symbolic and does very little to reverse Bill C-68. As we can see from an examination of the criminal code, firearms owners are still threatened by harsh and arbitrary penalties:

    The Criminal Code: If Automobiles Were Firearms

    The following firearms-related offenses, which are the public safety equivalent of careless, dangerous or unlicensed automobile driving, have maximum penalties of 5+ year jail sentences attached. These disproportionately harsh sentences can be applied arbitrarily by prosecutors seeking to nail someone whether or not they have committed or intended to commit violent crimes. In summary, such harsh penalties violate proportionality in sentencing, and unreasonably threaten law-abiding citizens in peaceful possession of firearms for self-defense and other lawful purposes.

    Since no public safety objective can be rationally connected to applying such harsh penalties to mere regulatory infractions (i.e., no violence or threat of violence is implied by any of these offenses), therefore we must conclude that these laws are designed for some social-engineering purpose. i.e., perhaps they were written to persecute and eliminate firearms ownership rights, and thereby eliminate self-defense, that most basic liberty, in Canada.

    Jail sentences, especially mandatory minimum jail sentences, should not prescribed as penalties for the following regulatory firearms control offenses. If the use of firearms in public is to be regulated at all, such offenses should be treated like highway traffic violations where similar risks to public safety are met with a monetary fine.

    Criminal Code -

    CC. 86. uses, carries, handles, ships, transports or stores a firearm, etc. in a careless manner (5 years max)
    CC. 87. points firearm at person whether loaded or unloaded (5 years max)
    CC. 88. carry weapon for purpose of committing offense (5 years max)
    CC. 90. unauthorized concealed carry of a weapon (5 years max)
    CC. 91. possess firearm without license or registration (5 years max)
    CC. 92. knowingly possess firearm without license or registration (10 years max)
    CC. 93. possession of firearm in unauthorized place (5 years max)
    CC. 94. unauthorized possession in a motor vehicle (10 years max)
    CC. 95. possession of prohibited or restricted firearm with ammunition (10 years max)
    CC. 99. unauthorized transfer of firearm (3 years min to 10 years max)
    CC. 100. possession of firearm for purpose of unauthorized transfer (3 years min to 10 years max)
    CC. 101. transfer firearm without authority (5 years max)
    CC. 102. alter firearms to automatic fire (1 year min to 10 years max)
    CC. 103. knowingly unauthorized import/export of a firearm (3 years min to 10 years max)
    CC. 104. unauthorized import/export of a firearm (5 years max)
    CC. 105. failure to report lost or found firearm (5 years max)
    CC. 106. failure to report destroying a firearm (5 years max)
    CC. 107. false statement to officer (5 years max)
    CC. 108. alter serial number (5 years max)

    Yours in Liberty,

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