PUBLICATION:  The Thunder Bay Chronicle-Journal
DATE:  2007.03.23
SECTION:  General News
BYLINE:  CP wire

KENORA, Ontario (CP) - A northwestern Ontario man challenging the constitutionality of the Firearms Act has fired his lawyer - a move that could delay the case by up to four months.

Bruce Montague dismissed Toronto lawyer Calvin Martin on Tuesday and asked Justice John Wright for a four-month adjournment in order to obtain a new lawyer.

Wright reluctantly granted the four-month adjournment, but ordered Montague to return to court on a monthly basis to provide an update on his progress in finding new counsel.

The next date, in which Montague will appear before Wright by video conference, is April 24.

Wright noted the difficulties Montague will have in finding a new lawyer who is familiar with both criminal and constitutional law.

The judge also said new counsel will have to step in where Martin left off, since he was in the middle of his submissions on the Charter of Rights and Freedoms application.

"You understand the seriousness of changing horses midstream?" Wright asked. "If this were a trial, chances are I would simply proceed and leave you to act for yourself."

Crown attorney Peter Keen told the court the delay will result in "significant prejudice" to the Crown's case, and also expressed concerned about the "public safety issue" considering the firearms-related charges Montague is facing.

"We want this to get to trial as early as possible," Keen said.

Montague, from Dryden, is charged with 53 counts of weapons-related offences, including the unauthorized possession and careless storage of non-restricted firearms, explosives and restricted firearms.

His wife, Donna Montague, is facing three charges: unauthorized possession of a firearm and two counts of careless storage of a firearm.

Their charter application is seeking 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.