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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!
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Jun21: A Very Long Day in Court

News Archive Index
Date: June 21, 2005
Source: by Bruce Montague

Dear Fellow Canadians, and Supporters:

Donna and I just had a very long day in court yesterday (Monday June 20, 2005). It started at 10am and didn't finish till about 3:30pm. Overall the proceedings showed the adversarial (bully) mentality of our justice system. At one point, shortly before I was kicked out of the court room, I made the comment (while trying to answer one of their questions truthfully) that it didn't look like I was really needed for this hearing. The judge, crown and even my lawyer (local duty counsel not Martin) insisted that I had to answer questions untruthfully, with regards to whether or not I understood these new charges they were laying against me.

I'm getting ahead of myself a bit. Our schedule for June 20th consisted of me showing up for court at 10am to be arraigned on new charges and have the old charges (all of them) withdrawn. At 1pm Donna and I are to appear for a preliminary hearing. Following is a "brief" diary of what happened yesterday, in chronological order (I tried to keep it brief and still keep the highlights of what I thought were significant):

1-I arrived at the court house shortly before 10am and was greeted by many local supporters. Somehow they found out about the 10am appearance, and decided to come to it as well. It's hard to quantify the value of this kind of local support, but to Donna and I it's priceless! My wife and I are very appreciative for everyone who comes out to support this case.

2-When our case was brought up, the crown tried to roll everything together at 10am, but Donna wasn't there. These guys aren't very organized. We were told to attend at 1pm for the preliminary, and only me to attend for the 10am arraignment. We had asked to have it all at the same time, but got no response.

3-They started into the arraignment process with me (that's where my new charges are read to me, and I'm asked if I understand them). I had a local duty counsel there to represent me. We didn't get very far into this process when I asked if I had to answer truthfully. I got one of those 'stunned' looks of silence from the judge, before he asked me what the problem was.

I proceeded to explain that there was obviously something I didn't understand because the crown was withdrawing all my old charges and supposedly (according to the crown) giving me new charges "that were essentially the same thing". If they were the same then why were we going through all this again? I explained one of the significant changes that I saw was that my "careless storage" charges were all dropped, and that I was "deeply touched" that they finally realized that I didn't store my firearms in a careless manner, BUT in the process have slandered my name across the country on how careless I was. I pointed out that I thought this was an underhanded tactic to withdraw the charges we were preparing for only to have them replaced by a new batch. I used the phrase "principles of fundamental justice" while explaining how the crown can seem to change their story on a whim and cause us to waste our resources addressing charges that are just dropped and replaced with something else. At about this point the judge kicked me out of his court room and told me to come back at 1pm after talking to my lawyer.

4-After leaving the court room, duty counsel explained to me "how it works". He didn't tell me anything I didn't already know.- - The system is geared for certain 'pat' responses, and can't seem to handle truth and common sense. (that is my shortened interpretation of the lawyer's rather long winded explanation) I wonder how long it will be before they eliminate the 'accused' from this entire process? I think I made that comment as well to the court, when I wasn't permitted to answer truthfully. This reminds me of how our house of commons works when the Liberal MP's are TOLD how to "VOTE".

5-I ran some errands in town, and had lunch at a friend's house.

6-Returned to the court house just before 1pm and was greeted by even more supporters, as well as Donna. I filled them in on what happened at the 10am hearing (I don't think Donna was impressed with me).

7-When my case came up and they put me on the stand, the judge asked if I spoke with my lawyer and was ready to proceed? I answered that the "system" was explained to me, and that I was to answer "yes" to the question of "do you understand the charge?", even if I don't understand it. I reiterated that I don't understand the charges, but will answer yes anyway, so that we can proceed. I got that 'stunned' look of silence again, then they proceeded with reading out the charges.

This was a VERY S L O W W W W W process. It took almost two hours to read out each charge, ask if I understood it, then recite a list of options on how I wish to proceed. I had to answer "yes" to the first question, then I answered the second question by stating that I elect to be tried by "judge and jury". This had to be done for each and every one of the 53 charges I now face. Just about everyone in the court room, with the sole exception of the crown prosecutor looked so bored that they could hardly stay awake!

8-It is interesting to note here a little irony. The crown was busy studying the charges while they were being read out. Apparently the crown and the police detectives there didn't understand the charges!!!! They made over a dozen changes to the charges as they were being read, and at one point the crown used the excuse that some of these charges were very complicated and confusing to try to figure out. Then they had to reread the changed charged back to me, to which I answered "I guess I really understand it now!". The court did not look amused, but I couldn't resist pointing out the hypocrisy of the court expecting me to understand the charges that the crown pressing the charges didn't understand!!! The 'stunned' silent look I got to my response indicated that my point was made (the poor clerk who had to read all these charges out to me, could barely withhold her laughter)

9-After the charges were read out, the judge seemed to be in a hurry to get rid of me, even though we still had some more business to address. My duty counsel assisted in allowing me to be heard by the court. We are trying to recover much of my property that was seized, that didn't have any bearing on the case. The crown argued that there was a lot of stuff to go through and that it might be a while before they can review it. I pointed out that it's been nine months now since they took my property, and that it seemed they were purposely delaying just to put us in financial hardship. Then the judge passed the buck and said it wasn't up to him now, it's up to the "Superior Court Judge" - - How convenient!

The judge then TOLD me I was finished, and then asked Donna to come to the stand.

10-Donna had her 3 charges read out and she also elected trial by "judge and jury". Afterwards she again asked for our property back; specifically our computer, so we can do our tax returns. They entertained Donna's request much better than mine, but with the same overall result. - - I suspect hell will freeze over before we get anything back!

An interesting note on this topic though. They did give us some CD's, supposedly with the data from our computer, but it's in a format we can't read. They told us it is in a 'special' format that will require a special program that they will sell to us so that we can view the contents!!! Maybe they are trying to start a new business here. Next, I can see them giving us disclosure in a different language so that they can sell us translation services! I am more appalled at our "justice" system at every turn.

SUMMARY OF WHAT HAPPENED LEGALLY:

1-Donna and I had our charges read out, and we elected to be tried by judge and jury at the Superior Court of Ontario.

2-We "waived the evidence" and elected to NOT do a preliminary hearing, but to go straight to trial.

3-A date for the "judicial pre-trial" still needs to be set. For some reason they couldn't do that at our hearing yesterday. The judicial pre-trial will be heard before a Superior Court judge, and it's purpose appears to be so the judge can get an idea of what will be involved with the case and how much time will need to be set aside for the trial.

4-There are a total of 13 distinct charges. (with a lot of duplication to add up to 53) From a Charter Challenge standpoint, the case hasn't changed significantly.

I hope you didn't find this story too long winded, but I felt that these observations were significant. I'm learning more about our justice system everyday, and as disgusting as parts of it are, I felt that you would probably want to be aware of these little nuances as well.

It looks probable that our next appearance will be July 25th. This appearance will simply be to set a date for the judicial pre-trial at the Superior Court.

Thank you all for your continued prayers and support. Thanks to you, Donna and I both feel very strong and more determined than ever to put some common sense back into our laws.

Yours in Liberty,

Bruce.

I will be strong and courageous, I will not be terrified or discouraged, for the Lord my God is with me wherever I go. (Joshua 1:9)


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