From: owner-cdn-firearms-digest@sfn.saskatoon.sk.ca (Cdn-Firearms Digest) To: cdn-firearms-digest Subject: Cdn-Firearms Digest V4 #698 Reply-To: cdn-firearms-digest@sfn.saskatoon.sk.ca Sender: owner-cdn-firearms-digest@sfn.saskatoon.sk.ca Errors-To: owner-cdn-firearms-digest@sfn.saskatoon.sk.ca Precedence: normal Cdn-Firearms Digest Monday, April 22 2002 Volume 04 : Number 698 In this issue: Judges' values La loi C-68 suscite encore la grogne; Column: Gun registration program wastes time and money Supreme Court convicts Yukon firearms owner Yukon prospector loses battle against Canada's gun storage laws TRIO LINKED TO GANGS BUSTED FOR EXPLOSIVES Hunters handed hefty fine for poaching ---------------------------------------------------------------------- Date: Mon, 22 Apr 2002 10:11:52 -0600 From: "Richard A. Fritze" Subject: Judges' values April 22, 2002 Judges' values play quiet role in rulings Luiza Chwialkowska National Post OTTAWA - Supreme Court judges make important constitutional decisions according to political values that are concealed from the public, a conference marking the 20th anniversary of the Charter of Rights and Freedoms was told. Dale Gibson, an Edmonton lawyer and constitutional scholar, analyzed decisions in Charter cases from 1981 until early 2000, and concluded that judges are more likely to enforce some Charter rights over others. Freedom of expression, freedom from self-incrimination, and other legal rights, are among the rights that have above-average success rates. Minority language rights claims have had 100% success, he said. He defined success as the granting of a remedy by the court, either by striking down or modifying a law in favour of the rights claimant. The average success rate across all cases was 38%. "What's really going on is that key decisions are not based on legal doctrine but on societal values not articulated by the court," he said. Values particularly dear to the top court include the "survival" of the legal profession manifested in the placing of "exaggerated" importance on the right to counsel, judges' salaries, and other protections for the independence of the judiciary. The values are also changing, said Mr. Gibson, as judges display a "growing attraction" to minority rights and the freedom of association rights of unions, he said. Equality rights had a low success rate in the first half of the period, but it has doubled to 30%, he said. In a speech launching the conference, Beverley McLachlin, Chief Justice of Canada, made a contrary argument. She said that Charter decisions required judges to lay bare their values through a "candid process of justification and demonstration" under Section One of the Charter. Section one requires courts to evaluate whether a law that limits a right is reasonable and "demonstrably justified in a free and democratic society." In this way, the Charter requires judges to "get real and come clean about the values and societal interests that are the true basis for limiting an individual's rights," she said. But Mr. Gibson argued that judges are using section one less frequently, and reaching decisions by relying "on values we are not told about." Several other speakers acknowledged the "political" nature of the Charter, and argued that the courts seek to reflect a "social consensus" that evolves over time. In a session devoted to practical advice for lawyers arguing Charter claims, Ritu Khullar, an Edmonton labour lawyer who has argued before the Supreme Court, said that given recent union-friendly decisions by the court, the time may may have come for lawyers and unions to "find a good case on the right to strike." She also counselled lawyers to demonstrate to judges that a "social consensus" exists supporting their claims by enlisting a broad variety of intervening groups join their court case. The Charter is a "political document," Ms. Khullar, said. "Lawyers should think realpolitik." xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Richard A. Fritze (780) 449-3808 - Phone (780) 464-6707 - Fax www.fritze.com This communication is intended to be received by the individual or entity to whom or to which it is addressed and contains information that is privileged, confidential and subject to copyright. Any unauthorized use, copying, review or disclosure is prohibited. If received in error, please contact me at the telephone number above. Thank you. ------------------------------ Date: Mon, 22 Apr 2002 10:11:05 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: La loi C-68 suscite encore la grogne; PUBLICATION: La Tribune DATE: 2002.04.22 SECTION: Actualités PAGE: A4 BYLINE: Bombardier, David PHOTO: Imacom ILLUSTRATION: Le marchand d'armes à feu Jose Reis exhibe un pistolet 9mmHeckner & Koch, une arme prohibée depuis l'adoption de la loi -<68> sur le contrôle des armes à feu. Cette loi suscite toujours la grogne des collectionneurs. - ---------------------------------------------------------------------------- - ---- La loi C-68 suscite encore la grogne; Les collectionneurs sont unanimes au Salon de l'arme tenu au Manège militaire - ---------------------------------------------------------------------------- - ---- Sept ans après son adoption, la loi -<68> sur le contrôle des armes à feu suscite encore la grogne des collectionneurs d'armes à feu, dont une cinquantaine étaient de passage hier à Sherbrooke pour le Salon de l'arme au Manège militaire de la rue Belvédère. En plus de rendre obligatoire l'enregistrement des armes à feu d'ici janvier prochain, afin de renforcer la sécurité des Canadiens, la loi -<68> rend illégale la possession des armes de calibres 25 et 32 ainsi que celles ayant un canon mesurant moins de 102 mm (4 pouces). Un droit acquis, qu'on appelle "clause grand-père", a toutefois été accordé à ceux qui détenaient, avant 1995, des armes aujourd'hui prohibées. Ces propriétaires, qu'on estime à environ 290 000 au Canada, ont droit de se procurer d'autres armes prohibées, mais ne peuvent céder leur droit acquis qu'à un de leurs enfants. Résultat: comme les armes prohibées peuvent difficilement être revendues au Canada, celles-ci ont perdu de la valeur et passent maintenant de l'autre côté de la frontière. "Toutes nos bonnes pièces de collection canadiennes sont vendues aux Américains. Dans 25 ou 30 ans, ces armes auront disparu du Canada ou se retrouveront dans des musées", déplore Jose Reis, lui-même propriétaire d'une arme prohibée et marchand d'armes à feu à l'Institut de recherche G4 de Ville Sainte-Catherine, près de Montréal. Il cite en exemple l'arme la plus recherchée parmi les collectionneurs à travers le monde, un pistolet 9mm Luger, que les Allemands ont utilisé lors des deux Guerres mondiales. Comme leur canon mesure moins de 102mm, les Luger se font de plus en plus rares au pays. Même réaction du côté de Réal Blais, de Thetford Mines, qui ne "digère pas du tout" cette loi. En visite au Salon de l'arme, M. Blais dit avoir été à l'origine de la Coalition pour le droit de collectionner les armes à feu. "On vient confisquer des armes légalement acquises et on vient brimer les libertés, parce qu'on ne peut maintenant plus accrocher d'armes au-dessus du foyer, s'insurge-t-il. Tu n'es même plus maître dans ta propre maison, chez vous. Les propriétaires d'armes n'ont plus de liberté..." Le Thetfordois assure qu'il continuera à "travailler pour se débarrasser de cette loi inutile". La loi favorise le marché noir Organisée par l'Ordre de la croix des fusiliers et l'Association des collectionneurs d'armes du Bas-Canada (ACABC), l'activité d'hier a attiré des centaines d'amateurs d'armes de toutes sortes, allant des sabres et des pistolets vieux de 200 ans jusqu'aux munitions et autres médailles. Le président de l'ACABC et professeur agrégé en criminologie de l'Université de Montréal, Jean Dozois, y exposait d'ailleurs quelques boîtes de munitions datant du début du XXe siècle. Celui-ci estime que la loi -<68> ne diminuera nullement le taux de criminalité. "La loi, affirme M. Dozois, n'empêche pas de se procurer des armes sur le marché noir. Au contraire, ça encourage à le faire. En fait, la loi fait juste embêter les honnêtes chasseurs et les collectionneurs." A sa grande surprise, la loi tant décriée a au moins permis à l'Association d'augmenter son nombre de membres, qui est passé de 350 à 500 en quelques années. Les propriétaires d'armes, explique-t-il, ont besoin plus que jamais d'être informés sur la façon de se conformer à la loi. dbombard@latribune.qc.ca ------------------------------ Date: Mon, 22 Apr 2002 10:15:32 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: Column: Gun registration program wastes time and money PUBLICATION: St. John's Telegram DATE: 2002.04.20 EDITION: Final SECTION: Outdoors PAGE: B3 COLUMN: Wilderness Views BYLINE: Gord Follett SOURCE: The Telegram ILLUSTRATION: Photo: Photo courtesy of the Newfoundland Sportsman / Ottawais pressing on with its registration program, which calls for all guns to be registered by Jan. 1, 2003. - ---------------------------------------------------------------------------- - ---- Gun registration program wastes time and money - ---------------------------------------------------------------------------- - ---- Had this column been called Registration as opposed to Wilderness Views, and if Ottawa's bungling of the program was the only topic I was to address, it would have been much easier to fill this space over the past five months than it actually has been. Those following the issue have no doubt heard about the man out west who, as a prank, tried to have his Black & Decker soldering gun registered. And it worked! He got the papers! Described by Alliance MP Garry Breitkruez as "a $700-million garbage collection system," here are a few more errors as revealed in headlines, which pile up week after week: - - "Justice department documents show error rates of between 71 per cent and 91 per cent in gun registry;" - - "Alberta MP's licence says he's a 'Moron' from Okatoks, Ont.;" - - "RCMP register five guns to a man who doesn't own them;" - - "Ottawa gun owner exposes CFC (Canadian Centre) mistakes on all seven of his registration certificates ..." And the list goes on and on -- horror stories, some of them. I've said it before and I'll say it again: it's time for Ottawa to admit its costly mistake -- on a program which has proven to be no deterrent whatsoever to crime or criminals, by the way -- and scrap it; put the money into health care. This column was actually written four days ago. Chances are I'll have heard about another few boo-boos by the time you've read this. At last check, this province was still leading the country in registration compliance. Unlike the accolades we received for hosting the "best Junos ever" last week, however, this is one distinction we don't want to brag too much about. FEDERATION ATTAINS GOALS I don't agree with every proposal or cause championed by Rick Bouzan and the Newfoundland and Labrador Wildlife Federation, and I'll probably go to my grave arguing some points. Over the past couple of years I've been a little skeptical of some of his and his organization's strong and unwavering opinions. After last weekend's wildlife federation meeting in Gander, however, I'm not quite as doubtful. I haven't changed my views on any issues, mind you, but I now have a better handle on what they're about and what they hope to accomplish; again, not all of which I agree with. Bouzan, a 55-year-old retired cardiovascular physiologist and biologist, who now runs his own private company, is as determined as he is knowledgeable. As a result, after several years his organization finally reached a couple of goals during the meeting by working their way onto a pair of major Department of Fisheries and Oceans (DFO) committees -- the salmonid advisory council and the trout working group -- which he says up until now have been "dominated" by salmon associations. (Future get-togethers should be interesting.) The federation is "making headway," he said, with just one committee remaining on their sit-with wish list, that being the Newfoundland and Labrador Legacy Nature Trust. And it's expected there will be a chair for the federation around that table in the not-too-distant future. More than 60 people from across the province attended the wildlife federation meeting, which ran a little longer than scheduled, but Bouzan and the executive obviously felt that if federation members and outdoor enthusiasts from the public made a special effort to attend -- whether to seek information or voice their opinions -- they were going to be given every reasonable opportunity to do so. The meeting also attracted Jim Hancock of the province's wildlife division and DFO's Berkley Slade, both of whom responded -- in a calm, straightforward, no-pussy-footin'-around, professional manner -- to numerous concerns, plus a few boisterous complaints, brought up at the meeting. Before the meeting concluded, National Association (NFA) local representative Ray Hynes updated delegates on the continued battle against the federal registration program, and made particular mention of the mess it's in, as well as the massive waste -- nearing the $1-billion mark -- of taxpayers' dollars. Overall, Bouzan was quite satisfied with the meeting. Although they didn't delve into the coyote issue, he said, for the most part delegates got to say what they wanted. HUMBER RIVER TALK The next -- and if I'm not mistaken, last -- Salmon Association of Eastern Newfoundland (SAEN) River Talk will take place Thursday at the Fluvarium in St. John's. This week's river of discussion will be the Mighty Humber, with Terry McNeil. The discussion begins at 7:30 p.m. As well, SAEN's 13th annual dinner and auction is set for Saturday, May 4 at the Holiday Inn in St. John's. Numerous prizes of spectacular fishing trips and paintings will be available. For information or tickets, call 722-9300. Gord Follett is editor of the Newfoundland Sportsman magazine. He can be reached regarding this column by e-mail at gfollett@thetelegram.com. His column returns in two weeks. ------------------------------ Date: Mon, 22 Apr 2002 10:16:35 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: Supreme Court convicts Yukon firearms owner PUBLICATION: The Whitehorse Star DATE: 2002.04.18 SECTION: Yukon PAGE: 2 BYLINE: Brown, Sarah Elizabeth ILLUSTRATION: Allen Carlos - ---------------------------------------------------------------------------- - ---- Supreme Court convicts Yukon firearms owner - ---------------------------------------------------------------------------- - ---- Allen Carlos is no longer an innocent man. The Supreme Court of Canada set aside two lower court acquittals Wednesday and convicted the Yukon prospector of three gun storage offences. The national court is sending the case back to the trial judge for sentencing after making its decision in Ottawa. Carlos said in an interview today he hadn't thought the supreme court would convict him that readily, or quickly. The nine judges delivered their decision right away, opting not to reserve and provide a decision at a later date. No reasons are yet available for yesterday's supreme court decision. "Canadians generally believe there's supposed to be a separation between the executive or legislative and the judiciary. I think my case in particular implies that perhaps that separation is no longer there," Carlos said. "I feel quite strongly that the supreme court was influenced by political ideals here." Carlos said while he's had good moral support from across Canada and especially from fellow Yukoners, he's had to take the financial brunt of a $50,000-legal bill when the Crown opted to take him to court in Ottawa. "It comes at a time when my business is not doing very well," said Carlos, who blames the federal government for driving away from private-sector investment in Yukon mining. "It's not been a fun time." Carlos' legal troubles started in February 2000 after RCMP officers with a search warrant found three loaded handguns in his home, all without trigger locks. Two were locked up in a downstairs safe while police found the third behind a stereo upstairs, wrapped in a rag inside a plastic bag. He was then charged with one count of careless storage of a firearm, as well as two counts of storing a firearm contrary to Act regulations. Carlos testified during his November 2000 trial that he'd been cleaning the guns and had panicked when he saw officers on his doorstep with a search warrant, so he quickly put the weapons out of sight. He said at trial that he didn't intend to store the handguns, and under normal circumstances, he unloads his guns and puts them in his safe when he means to store them. After he was acquitted, the Crown took the case to the Yukon Court of Appeal, but Carlos was again found not guilty, though it wasn't an unanimous decision. Because one of the three judges dissented, the Crown had automatic leave to appeal to the country's top court. In its arguments to the Supreme Court of Canada, the Crown took the position of Yukon Court of Appeal justice Catherine Ryan, who argued that are either in use or they're being stored. The two other appeal court judges agreed that Carlos didn't intend to actually store his three handguns when the police arrived, but had just set them aside temporarily. The Crown argued in its appeal to the national supreme court that the current law doesn't leave any time gaps allowing for unsafe or careless dealings with a firearm. Having a middle ground between use and storage takes away from the public-safety focus Parliament intended for gun laws, the Crown argued. Carlos has long argued his home was searched in the first place because of comments he had made to Department of Fisheries and Oceans officers at a Carmacks gas station more than a year earlier. He said he has no past record of any type of violence. While he never made any threats nor had a firearm with him, he said, he gave the officers "a piece of my mind" about the way they were dressed, which he describes as "ready for the Battle of the OK Corral." He says it's all part of the "us versus them" attitude of the government toward the general public. "That same government that puts guns on the bureaucrats is attempting to limit our (citizens') ability to use ," he said. "I said what I felt, and I guess you can no longer do that." The maximum sentence for a first offence is two years, while any subsequent offences can net up to five years in jail. The Star was unable to contact Carlos' lawyer, who is travelling back to Alberta from Ottawa today. ------------------------------ Date: Mon, 22 Apr 2002 10:19:16 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: Yukon prospector loses battle against Canada's gun storage laws PUBLICATION: Times Colonist (Victoria) DATE: 2002.04.20 EDITION: Final SECTION: Canada PAGE: B4 SOURCE: Canadian Press DATELINE: WHITEHORSE - ---------------------------------------------------------------------------- - ---- Yukon prospector loses battle against Canada's gun storage laws - ---------------------------------------------------------------------------- - ---- WHITEHORSE (CP) -- The Supreme Court of Canada set aside two acquittals this week and convicted Yukon prospector Allen Carlos of three gun storage offences. The highest court sent the case back to the trial judge for sentencing after making its decision in Ottawa. The nine judges delivered their decision orally, opting not to provide a decision at a later date. "Canadians generally believe there's supposed to be a separation between the executive or legislative and the judiciary. I think my case in particular implies that perhaps that separation is no longer there," Carlos said. Carlos said he's had moral support from across Canada and especially from Yukoners, but has had to take the brunt of a $50,000 legal bill. In February 2000, RCMP officers found three guns in Carlos's home, all without trigger locks. Two were locked in a downstairs safe while police found the third wrapped in a rag inside a plastic bag. He was charged with one count of careless storage of a firearm and two counts of storing a firearm contrary to Act regulations. Carlos testified during his November 2000 trial that he'd been cleaning the guns and had panicked when he saw officers on his doorstep with a search warrant, so he quickly put the weapons out of sight. He said at trial that he didn't intend to store the handguns, and usually unloads them and puts them in his safe when he means to store them. After he was acquitted, the Crown took the case to the Yukon Court of Appeal. Carlos was again found not guilty, though it wasn't unanimous . That gave the Crown an automatic right to appeal. In arguments to the top court, the Crown took the position of Yukon Appeal Justice Catherine Ryan, who said are either in use or they're stored. The two other appeal court judges said he didn't intend to store his three handguns when the police arrived, but had just set them aside temporarily. ------------------------------ Date: Mon, 22 Apr 2002 10:20:03 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: TRIO LINKED TO GANGS BUSTED FOR EXPLOSIVES PUBLICATION: The Winnipeg Sun DATE: 2002.04.20 SECTION: News PAGE: 7 BYLINE: Staff - ---------------------------------------------------------------------------- - ---- TRIO LINKED TO GANGS BUSTED FOR EXPLOSIVES - ---------------------------------------------------------------------------- - ---- Three men with suspected gang links are in custody facing and explosives charges after a police search of a pickup truck turned up some unusual items early Thursday morning. Police say they stopped a pickup truck in the downtown area at 1:30 a.m. and found a loaded shotgun, baseball bats, a machete, knives and a one-kilogram tube of Magnafrac high explosives in the truck. "It could very easily blow up a house, very easily," Const. Bob Johnson said of the salami-sized tubes of explosives. Throwing explosive off balcony The seizure of those items led police to call their emergency response unit for another search at a suite on Hargrave Street. When police arrived at the suite, two men were seen throwing two 1.5 kg tubes of Magnafrac explosives and an empty shotgun shell off the fifth-floor balcony.While searching the apartment, police says they found a bag of .22 calibre ammunition and a pellet rifle. Police say the suspects were linked to an armed confrontation on Traverse Street, and the firing of a shotgun at a residence on Kilbride Street the previous evening. Steeves Cote, a 25-year-old Hargrave Street resident, Nathan Myles, a 22-year-old Burnell Street resident, and Franklin Hall, 20, of Furby Street, face a number of and explosives possession charges. ------------------------------ Date: Mon, 22 Apr 2002 10:21:54 -0600 From: "Breitkreuz, Garry - Assistant 1" Subject: Hunters handed hefty fine for poaching PUBLICATION: The Kingston Whig-Standard DATE: 2002.04.15 EDITION: Final SECTION: Community PAGE: 1 / Front COLUMN: Newsline SOURCE: The Kingston Whig-Standard - ---------------------------------------------------------------------------- - ---- Frontenac Park: Hunters handed hefty fine for poaching - ---------------------------------------------------------------------------- - ---- Two men caught night poaching in Frontenac Park last fall have been slapped with a substantial bill for venison they never got to eat. Kingston Justice of the Peace Cathy Hickling fined 25-year-old Christopher Paige, of Amherstview, $3,000 and his companion, 24-year-old John Vandewal, of Kingston, $1,250 when they pleaded guilty recently to charges under the Fish and Wildlife Act. Hunting is prohibited in Frontenac Park. Paige was convicted on six charges under the Act, including illegal night hunting, poaching in a provincial park, transporting illegally killed game, and making a false statement to a conservation officer. Vandewal was convicted on four charges: Possession of illegally killed wildlife, transporting poached game, lying to a conservation officer and having an uncased after dark. Both men have been prohibited from hunting for one year. ------------------------------ End of Cdn-Firearms Digest V4 #698 ********************************** Submissions: mailto:cdn-firearms-digest@sfn.saskatoon.sk.ca Mailing List Commands: mailto:majordomo@sfn.saskatoon.sk.ca Moderator's e-mail address: mailto:acardin33@shaw.ca List owner: mailto:owner-cdn-firearms@sfn.saskatoon.sk.ca FAQ list: http://www.magma.ca/~asd/cfd-faq1.html and http://teapot.usask.ca/cdn-firearms/Faq/cfd-faq1.html Web Site: http://teapot.usask.ca/cdn-firearms/homepage.html FTP Site: ftp://teapot.usask.ca/pub/cdn-firearms/ CFDigest Archives: http://www.sfn.saskatoon.sk.ca/~ab133/ or put the next command in an e-mail message and mailto:majordomo@sfn.saskatoon.sk.ca get cdn-firearms-digest v04.n192 end (192 is the digest issue number and 04 is the volume) To unsubscribe from _all_ the lists, put the next five lines in a message and mailto:majordomo@sfn.saskatoon.sk.ca unsubscribe cdn-firearms-digest unsubscribe cdn-firearms-alert unsubscribe cdn-firearms-chat unsubscribe cdn-firearms end (To subscribe, use "subscribe" instead of "unsubscribe".) 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