BruceMontague.ca - News Archive - Oct14-2010: Civil Forfeiture Proceeding

Bruce Montague
Bill C-68 Court Challenge

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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!

What's Wrong with Civil Forfeiture» | Write to Stop Civil Forfeiture»

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Oct14-2010: Civil Forfeiture Proceeding

News Archive Index

As outlined in Mr. Christie's letter to Mr. James McKeachie, Counsel for the Attorney General of Ontario, the Montagues feel that the people of Canada have a right to hold their governing representatives accountable for their actions. Therefore, all the documents relating to the Civil Forfeiture proceeding are made available.

2005-09-14_FactumOfAttorneyGeneralOfOntario.pdf These documents from 2005 reflect proceedings in which, without the Montagues' knowledge, the Attorney General of Ontario put a lein against their property, and following that had a preservation order issued. This was done without an originating application proving a case for civil forfeiture. The office of the Attorney General then decided to wait untill after the criminal trial and forfeiture is determined before pursuing the actual forfeiture application.
2005-09-14_FactumOfAttorneyGeneralOfOntarioCover.pdf
2005-09-14_property_preservation_order.pdf
2005-10-05_MotionForSubstitutedService.pdf (660KB)
2005-10-05_MotionForSubstitutedServiceCover.pdf
2005-10_Lein-MontagueProperty.pdf (370KB) Legal document from Land Registry Office.
2005-2008-correspondence_with_McKeachie.pdf (225KB) Of note in a letter of March 17, 2008 Mr. McKeachie declines the Montagues request that the proceeding be dropped given their acquittal on all "danger to public peace" criminal charges: You have been convicted for a multitude of offenses. Even though you were acquitted of some charges, for the purposes of civil litigation that does not stop the Attorney General of Ontario [sic] proving the offenses on the balance of probabilities. That means that instead of proving beyond reasonable doubt that the property is proceeds of crime or an instrument of crime, the government merely convinces the judge that the property is "probably" associated with crime, and therefore subject to forfeiture.
2010-09-17_McKeachieLetter.JPG (455KB) Contains incorrect Address for the Montagues which was corrected in subsequent correspondence.
2010-09-30_McKeachieLetterPage1.JPG (592KB)
2010-09-30_McKeachieLetterPage2.JPG (454KB)
2010-10-13_McKeachieLetter.JPG (561kb)
2010-10-21_Application-MontagueForfeiture »
2010-11-10_RandyHillierLetter.pdf (100kb) a very pointed letter sent to Ontario Attorney General, Chris Bentley

Media Attention

2010-09-21_CBC_News_Montague.wma (1MB) Donna interviewed on CBC.

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