Published Wednesday November 7th, 2007

DRYDEN, Ont. - A gunsmith from the Dryden, Ont., area lost his constitutional challenge of the Federal Firearms Act this week, but said is still willing to take it all the way to the Supreme Court of Canada.

Bruce Montague is charged with 53 weapons-related offences, including the unauthorized possession and careless storage of non-restricted firearms. His wife Donna Montague is facing three similar charges.

Their charter application argued that the current law, which requires all gun owners to obtain a licence, breaches a citizen's right to possess firearms.

Montague said the judge's verdict doesn't sit well with him.

"He did though, acknowledge that we do have a right to firearms ownership, but then he deferred that to saying Parliament has a responsibility to be able to restrict that right," Montague said.

"We don't quibble with that point in itself. The real thrust of our argument is, they've done more than just restricted the right - they've obliterated the right and turned it into a privilege."

Montague's lawyers said Canada should replace the system with a list or registry of criminals prohibited from owning or possessing a firearm.

Montague's criminal trial is scheduled to begin next Tuesday in Kenora - with the same judge presiding over it as his constitutional challenge.

"I've got a funny feeling that things aren't really stacked in my favour," he said.

Montague was arrested by Ontario Provincial Police on Sept. 11, 2004, at a Dryden gun show. The hearing for his constitutional challenge was supposed to take place in October 2006, but a judge delayed it to March 2007 to allow evidence to be recorded via written affidavits from the two defence witnesses.

Montague then fired his lawyer in March, further delaying the hearing until late October.

"Next step would be the (Superior) Court of Ontario and the next step after that is the Supreme Court of Canada, so we're really only at first base," he said.

"It's been a long road getting to first base. I just hope I don't grow old and die by the time we get to the Supreme Court of Canada."

Link: http://www.canadaeast.com/news/article/120566