Constitutional challenge of federal Firearms Act dismissed, criminal charges now in court

By Garett Williams
Wednesday November 14, 2007

Jury selection was completed Tuesday and Bruce and Donna Montague’s criminal trial on firearms charges is set to get underway today in Kenora‘s Superior Courtroom.

After his constitutional challenge of the Federal Firearms Act was dismissed last week, Bruce Montague returned to court to face 53 weapons related offences alongside his wife, Donna, who is facing three similar charges.

Montague's Charter applications aimed 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.

Justice John Wright instructed the jury, made up of 10 men and two women, which is not being sequestered, not to talk to anyone about the case and to reserve judgment until they are presented all the evidence in court.

Dozens of potential jurors were excused from duty, saying their strong views on guns, the registry and the government itself would keep them from being impartial.

If this were a sexual assault case, Wright said he wouldn’t expect anyone to say “I’m against sexual assault” and expect to be excused.

After a long day in the courtroom, Wright decided to move ahead without choosing two alternate jurors.

The Montagues’ charges date back more than three years when he was arrested at a gun show in Dryden.

After firing Toronto lawyer Calvin Martin in March, the case resumed again in May when Montague announced Victoria lawyer Doug Christie -- best known for defending the freedom of speech rights of those accused of Nazi war crimes and racist or anti-semitic activity -- would take over as his council.

Attorneys Peter Keen and Robert Young are representing the Crown.

Montague has said he is prepared to continue his fight against the Firearms Act if it takes him all the way to the Supreme Court of Canada.

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