COURT FILE NO.: CV 05-024

DATE: 2012-05-30

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

HER MAJESTY THE QUEEN Applicant

Peter Keen , for the Crown

and -

WILLIAM BRUCE MONTAGUE and DONNA MONTAGUE

Douglas H. Christie , for the Defendants

Respondents

HEARD: November 14-17, 2011, at Kenora, Ontario

J. dep. Wright, J.

Reasons For Judgment

[ 1 ] This is an application for forfeiture by the Crown.

[ 2 ] S.491(1) of the Criminal Code , at the material time provided:

Forfeiture of weapons and ammunition

(1) Subject to subsection (2), where it is determined by a court that

(a) a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or

(b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,

the thing so seized and detained is forfeited to Her Majesty and shall be disposed of as the Attorney General directs.

Return to lawful owner

(2) If the court by which a determination referred to in subsection (1) is made is satisfied that the lawful owner of any thing that is or may be forfeited to Her Majesty under subsection (1) was not a party to the offence and had no reasonable grounds to believe that the thing would or might be used in the commission of an offence, the court shall order that the thing be returned to that lawful owner, that the proceeds of any sale of the thing be paid to that lawful owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.

Application of proceeds

(3) Where any thing in respect of which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General or, where an order is made under subsection (2), to the person who was, immediately prior to the sale, the lawful owner of the thing.

• R.S., 1985, c. C-46, s. 491 ;

• 1991, c. 40, s. 30;

• 1995, c. 39, s. 152.

[ 3 ] The Crown submits that firearms or ammunition may be forfeit to the Crown either because of their use in a crime ( S. 491(1) (a)), or because the convicted person has committed an offense involving or the subject matter of which is the firearm or ammunition ( S. 491(1) (b)). Either basis is sufficient to trigger forfeiture. The Crown is proceeding under S. 491(1) (b) of the Criminal Code :

(b) that [the defendant] has committed an offence that involves, or the subject-matter of which is, a firearm, . . . a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,. . .

[ 4 ] The accused was convicted by a jury of a multitude of firearms offenses in November 2007. In March 2008 he was sentenced to a total of 18 months imprisonment together with conditional sentences totaling 90 days and one year of probation. The issue of forfeiture of the guns and ammunition seized was deferred, on consent, until the appeal process had run its course. It has now come back to me.

[ 5 ] The Crown sought an order declaring that all items seized and detained by the police in the matter of the Crown against Montague that fell within the meaning of s. 491 (1) (b) of the Criminal Code of Canada were forfeit to the Crown.

[ 6 ] Specifically, the Crown produced an exhibit list of 343 items seized [ex 1 on the forfeiture hearing] and asked that those marked with yellow be forfeited. Following the hearing I sent counsel a chart listing these items and requested that the Crown indicate the count which formed the basis for forfeiture of the specific items marked with yellow in ex 1. The Crown’s return is ex. 2A on the Forfeiture hearing.

[ 7 ] The Crown takes the position that of the items originally said to be subject to forfeiture:

A. Some items are antiques and therefore not firearms subject to forfeiture,

B. Item 1, the dynamite, was destroyed for safety reasons,

C. Some items were owned by third parties and have been returned to their owners

D. Some items are held in trust by the defendants for others but should be delivered to someone licensed to possess them.

E. Some are items which are exempt and should be returned to the defendants. E.g. it is agreed that auxiliary items such as slings and telescopic sights are exempt from forfeiture.

F. Some are items which are exempt but should be transferred for disposition to Mr. James Bruce Buckner who is appropriately licensed.

G. With respect to Items 301 and 305 only the .38 cal. and 9mm ammunition is claimed

H. With respect to item 341 only the .22 cal ammunition is being claimed.

I. The balance of the items should be forfeited.

[ 8 ] I have used these letters to identify the disposition of specific items that fall within each category on Schedule 1 to these reasons.

[ 9 ] The Crown submits that the Montague's possessed all of these firearms without being the holder of licence authorizing them to do so and did thereby commit offences under s. 91(1) that they "did possess firearms without being the holder of a license under which" they may possess them. Accordingly, it is submitted that all unlicensed firearms seized fall within s. 491(1) (b) and are therefore subject to forfeiture.

[ 10 ] The offenses for which the accused was convicted are set out in exhibit 3A on this application.

[ 11 ] At stake is said to be over $100,000 worth of firearms and $16,000 worth of ammunition. This is a substantial property interest held by this couple. Because of his convictions the husband has lost his ability to carry on his business as a gunsmith and the wife has been forced to support the family and educate teenage children on wages amounting to approximately $35,000 a year.

[ 12 ] As a result of his convictions William Bruce Montague is prohibited from owning or possessing firearms, ammunition etc.. The respondents have assigned their rights to this property to Mr. James Buckner, in trust for them. Mr. Buckner has sworn an affidavit in which he deposes that he is legally able to take possession of any or all of the firearms included in the list of items seized. In the absence of forfeiture Mr. Buckner could take possession of the items and sell them on behalf of the respondent husband and wife.

[ 13 ] Firearms that obviously belonged to third parties have apparently been returned to the owners. The ownership of some other firearms, either in law or in equity, was put before the court and I have disposed of each claim by either removing it from the forfeiture list or leaving it on the list. See the attached Schedule 1.

[ 14 ] The Crown takes the position that the role of the court on such an application is limited to finding facts:

• did the respondents commit an offence involving , or the subject matter of which is, the firearm or ammunition etc. and

• have these items been seized and detained ?

[ 15 ] The Crown submits that once these findings of fact are made the role of the court is at an end and forfeiture follows. In the words of the Crown counsel, “this is an open and shut case”.

[ 16 ] The major argument is whether or not forfeiture in the circumstances of this case is appropriate. Constitutional issues have been raised.

CONSTITUTIONAL ISSUES

[ 17 ] The defense challenges forfeiture on constitutional grounds. While the defence originally sought to have S.491 struck out, that claim has now been dropped. Instead, the defence asks that s. 491 (1) be "read down" in order to provide that forfeiture and disposition should not be imposed until ordered by the court and that the court should have a discretion whether or not to do so.

[ 18 ] The defense notes that on its face forfeiture pursuant to this subsection is automatic. ( R v. Roberts (2005) 2005 SKPC 88 , 199 C.C.C. (3d) 442 (Prov. Ct)). The defense argues that automatic forfeiture under s. 491(1) (b) is improper, especially on the facts of this case. The defense argues that this is tantamount to expropriation without compensation and is against our legal tradition.

[ 19 ] The defense notes that the Canadian Bill of Rights provides:

S. 1. It is hereby recognized and declared that in Canada there have existed and shall continue to exist . . . the following human rights and fundamental freedoms, namely,

( a ) the right of the individual to security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;

[ 20 ] The defense admits that there is a long tradition in our law providing for the forfeiture of items actually used in the commission of criminal offenses, (see, for example, the ancient law of deodand) which tradition is continued by subsection 491 (1) (a), but the defence argues that subsection 491(1)(b) is a relatively new development which imports a new approach into our law. This new legal provision goes further than the old law by purporting to effect mandatory forfeiture where "a person has committed an offense that involves, or the subject matter of which is," a specified weapon.

[ 21 ] The defence argues that s. 2 of the Canadian Bill of Rights mandates that subject to express exception, Federal Acts of Parliament “must be construed and applied [“read down” in modern parlance] so as not to abrogate, abridge or infringe. . . .any of the rights therein declared.” In other words that ‘due process of law” dictates that ss 491(1)(b) should be read so that it is similar to ss. 117.05(4) (a) where a justice of the peace is empowered in the circumstances of that section to “order that any thing seized be forfeited to her Majesty or be otherwise disposed of, . . .” In this case, transferred to Mr. Buckner for disposition on behalf of the respondents.

[ 22 ] The defense raises the distinction between offences that are mala in se and those that are mala prohibita , that is, offences that are intrinsically wrong and those that are only wrong because a law has been passed which prohibits them. The defence argues that at one time the accused’s possession of unlicenced and unregistered long-guns was perfectly legal. Then laws were passed which made illegal that which had formerly been legal even though the accused had done nothing in the meantime. The defence argues that in fact it cannot be said that the accused “committed” a crime (an active verb) when he did nothing.

[ 23 ] The Crown argues that this case was about unlicensed guns, not unregistered guns.

[ 24 ] The defence argues that a person’s property should not be automatically forfeited simply because he breaches a regulatory provision. The defence argues that it is one thing to regulate the possession of particular items, it is another thing to expropriate the proprietary interest in the item without compensation. It is one thing to legislate the automatic forfeiture of weapons actually used in a crime, but it is another thing to legislate the automatic forfeit of property simply because "a person has committed an offense that involves, or the subject matter of which is," the item in question.

[ 25 ] The defence argues that automatic forfeiture of property not actually used in the commission of a crime but which may be the subject matter of an offence, especially a regulatory offence, offends the Respondents’ rights, guaranteed by the Canadian Bill of Rights , not to be deprived of the enjoyment of their property except by due process of law.

[ 26 ] The defense argues that due process of law involves a hearing before a free and independent tribunal, a tribunal that has the power to order forfeiture or not to order forfeiture. A power given, for example, in s. 117.05(4) (a)

[ 27 ] The defence further argues that in the circumstances of this case such automatic forfeiture is grossly disproportional and constitutes cruel and unusual punishment under S 12 of the Charter of Rights And Freedoms . The defence argues that forfeiture is disproportionate when it is triggered, not by the commission of a criminal offence but by what is essentially a violation of a licensing requirement.

[ 28 ] The Crown moved to quash the constitutional challenges raised by the defense on the ground of issue estoppel. The defence emphasized that it was not rearguing a previous challenge concerning the constitutional right to possess firearms. Rather it was now arguing the right not to be deprived of one’s proprietary interest in firearms without a hearing before an independent tribunal empowered to deny forfeiture. For reasons delivered on November 14 I dismissed the Crown's motion to quash the defense’s challenge.

[ 29 ] The defence argues that all measures imposed by law, particularly under the Criminal Code , must be consistent with the principles of fundamental justice as articulated in s. 7 of the Charter of Rights and Freedoms and that no seizure should be contrary to law or without reasonable cause or justification under s. 8 of the Charter of Rights and Freedoms .

[ 30 ] The defence argues that both the constitutional requirement for a search to be reasonable in order to justify seizure and the principle of proportionality are ignored when valuable property can be taken without compensation as result of an infraction of what is essentially a licensing scheme and when valuable property, not subject to forfeiture, can have its value destroyed because of careless handling in the seizure..

[ 31 ] The Crown submits that forfeiture is automatic under s. 491 (1) (b), when the court finds that a person has committed an offense "that involves, or the subject matter of which is [a firearm etc.] . . . and any such thing has been seized and detained”. If an accused commits a possession offense (such as possession of a firearm without a license contrary to s. 91 (1) of the Criminal Code ) all firearms and ammunition that are the subject matter of that charge, or involved in that charge, are forfeit. The Crown argues that the section admits of no discretion except that the attorney general has the discretion to decide how the firearm may be disposed of after forfeiture has been effected.

[ 32 ] The Crown concedes that historically the forfeiture provisions of the Criminal Code were only mandatory when such items were actually used in the commission of an offense. The provision for forfeiture was expanded in 1998.

[ 33 ] The Crown argues that a person’s use, possession and ownership of property, (and firearms are a form of property) is not protected by the Charter .

[ 34 ] At this point I interject in order to agree that the Charter does not protect property interests. However we must never forget that the rights of Canadians are not limited to the rights guaranteed by the Charter . As Scollin, J. said in Thwaites v.Health Sciences Centre Psychiatric Facility , 1986 3948 (MB QB) , [1987] 1 W.W.R.468 @ 476:

"Oppression did not stalk the land until midnight on April 16, 1982, and we should guard against a Charter-inspired paranoia that sees any restraint as the Bastille or the Lubyanka and hears the Parliamentarian speak with the voice of the tyrant."

[ 35 ] The Charter did not bestow rights. It added extra protection to certain core rights. Historically Parliament was considered to be the great protector of the citizen’s rights although the courts were always prepared to redress wrongs committed by one citizen against another or where the Executive acted in violation of the Rule of Law or The Rules of Natural Justice. The Charter has extended some protection against encroachment of these core rights by Parliament itself.

[ 36 ] Although the Charter may not extend its protection to property a citizen still has a right to the enjoyment of property and a right not to be deprived thereof except by due process of law. This right is bequeathed to him by the Common Law:

III. The third absolute right, inherent in every Englishman, is that of property: which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land. (Blackstone: Commentaries On The Laws Of England vol. 1: *138 ¶III)

Also:

There was another principle of freedom scrupulously honoured in England. It was the legal sanctity of property. It was individual ownership, it was held, that enabled a man to defy excessive authority. Without competence of his own to fall back on the subject could be bribed or intimidated: a John Hampton without an estate seemed impracticable to the English mind. The guardians of English liberty were the gentlemen of England whose hereditary independence protected them from the threats and guiles of despotism. They were tyrant-proof. That men might be rendered servile through wealth as well as through poverty had not yet dawned on them.

Any interference with a man’s property by the State was regarded as pernicious. Freemen were supposed to be free to do as they liked with their own. Taxation had, therefore, to be kept as low as possible and the extent of man’s contribution to the upkeep of the State left wherever practicable to his own choice. “No taxation without representation’ was the oldest battle-cry in the armoury of English freedom; it dominated the whole constitution. Those assembled in Parliament did not represent numbers but property; the greater landowners in the House of Lords, the lesser in the Commons, side by side with the burgess who represented the nation’s mercantile interest. (Arthur Bryant: The Years of Endurance 1793-1802) [1954] 32 Canadian Bar Review p. 993)

[ 37 ] The Canadian Bill Of Rights as the defence has argued above, restates the existence of this right and provides a mechanism for its protection. This mechanism is the power of to construe the law, a power the defence asks be utilized in this case.

[ 38 ] Having said this, while American law has developed “due process” as a tool to extend constitutionally protected rights our law has not developed in the same way. For the time being facially valid parliamentary legislation such as s. 491(1) (b) is upheld by the courts without reading into it a discretion to determine whether the forfeiture of $100,000 worth of property is proportional to the offence committed and the motivation which generated the offence.

[ 39 ] The Crown argues that s. 117.05 and the cases decided under it presuppose circumstances quite different from those arising under s 491(1)(b) and must be distinguished. It submits that both pieces of legislation came into effect about the same time and that Parliament intended to create different procedures for the different circumstances.

Firearms:

[ 40 ] In the result, with respect to the forfeiture of the firearms, while I am satisfied that in a proper case s. 491(1) (b) of the Criminal Code might well be "construed and applied as not to abrogate, abridge, or infringe or to authorize the abrogation, abridgement or infringement” of the accused's right to enjoyment of property, the firearms do not present the proper case.

[ 41 ] The firearms do not present a case where a citizen has unwittingly become embroiled in bureaucratic “red tape”. They do not present a case where the forfeiture is so overwhelmingly disproportional to the offense that justice cries out for a remedy.

[ 42 ] The firearms present a case where a knowledgeable individual cold bloodedly and with knowledge of the potential consequences deliberately and publicly broke the law. Courts cannot stand by and appear to condone such behavior. Civil Society is entitled to defend itself. Civil disobedience as a political technique is only morally justifiable and thus eligible for the protection of the court where the perpetrator has been denied access to the political institutions of the nation. This was the case at the time of Gandhi. This was the case at the time of Martin Luther King, Jr. They had no alternative other than violence which they both eschewed. Notwithstanding this, both of these individuals understood the needs of society and accepted the consequences of their civil disobedience.

Ammunition:

[ 43 ] There is one other issue that has bothered me, however.

[ 44 ] There is said to be about $16,000 worth of ammunition which is claimed to be forfeit:

• Because it was the ammunition actually in the loaded guns which gave rise to convictions under section 86(2) [storage of a loaded gun] or S. 95(1) [possession of a loaded prohibited or restricted fire arm without a licence or registration], or

• Because it was the ammunition "readily available to" a prohibited or restricted firearm which was possessed without a license or registration which gave rise to convictions under s. 95(1).

[ 45 ] In Sept. 2004 s. 95(1) read:

Possession of prohibited or restricted firearm with ammunition

(1) Subject to subsection (3) and section 98, every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, unless the person is the holder of

( a ) an authorization or a license under which the person may possess the firearm in that place; and

( b ) the registration certificate for the firearm.

[ 46 ] The case for the forfeiture of the ammunition found in the loaded guns is unassailable.

[ 47 ] However, in each case where the ammunition sought to be forfeited is ammunition which was "readily available" to its firearm, both the ammunition and the firearm were located in the "hidden gun room in the basement".

[ 48 ] I have now reviewed s. 6 of the Storage, Display, Transportation and Handling of Firearms By Individuals Regulation which was brought to the attention of the court on this application by counsel after Mr. Christie was enlightened by Mr. Buckner.

[ 49 ] Section 6 provides:

S.6. An Individual may [emphasis mine] store a restricted firearm . . . if:

(a) It is unloaded; . . . .and

(c) It is not readily accessible to ammunition, unless the ammunition is stored, together with . . .the firearm, in . . .

(ii) a vault, safe or room that has been specifically constructed or modified for the storage of restricted firearms and that is kept securely locked. (emphasis mine)

[ 50 ] Although the Criminal Code seems to make it an offence to have such a firearm “in any place” where ammunition for it is readily available, s. 6 of the Storage, Display, Transportation and Handling of Firearms By Individuals Regulation in effect says that it doesn’t matter if an unloaded firearm is stored with ammunition readily available to it if both the firearm and the ammunition are securely locked away in a room that has been specifically constructed or modified for the secure storage of restricted firearms.

[ 51 ] The “hidden gun room in the basement” meets the criteria for such a room.

[ 52 ] Under these circumstances there is no justification for the forfeiture of the ammunition which was readily available to a firearm when both were stored in accordance with the regulations.

[ 53 ] The Crown submits that I cannot go behind the record and the record shows that the accused was in fact convicted by a jury of storing unlicensed firearms with ammunition readily available to them contrary to S. 95(1).

[ 54 ] That is true but unfortunately neither the jury nor the Court of Appeal were told about the difference between S. 91(2) and S. 95(1). They were never told about the Storage of Firearms regulations. They were never told that the unloaded guns in the secure storage room and the ammunition for those guns were legally stored under the Regulation. They were never told that while having the unloaded, unlicensed prohibited or restricted firearms in the secure room was a possession offence under S. 91(2) it was not an offence involving ammunition under S. 95(1). And it is S. 95(1) that purports to effect the forfeiture of the ammunition.

[ 55 ] The convictions under s. 95(1) because of the proximity of ammunition to unloaded firearms in the secure room may appear to be a technicality but it is an important technicality where the disposition of large amounts of valuable property are at stake.

[ 56 ] Are the respondents to be simply told that as the result of a conviction under the wrong section of the Criminal Code , that is, instead of a proper conviction under S. 91(2) the improper conviction under S. 95(1) has resulted in the loss of many thousands of dollars of ammunition?

[ 57 ] This issue has given me a great deal of difficulty.

[ 58 ] I have concluded that this is a proper case for the court to act.

[ 59 ] The right of an individual to the enjoyment of his property and the right not to be deprived thereof except by due process of law was recognized at Common Law as being a basic right for the reasons of Blackstone set out above.

[ 60 ] I have concluded that while conviction under the wrong section of the Criminal Code may not seem to be too important in the great scheme of things, (and I do not overlook the minimum jail sentence triggered by a conviction under s. 95(1) ) still it is difficult to consider such a wrongful conviction as “due process” authorizing abrogation of that important right in this case.

[ 61 ] I have concluded that the court should not be a party to compounding an error.

[ 62 ] As argued by the respondents, both the Canadian Bill or Rights and the Charter of Rights and Freedoms provide a remedy.

[ 63 ] As noted above S 2 of the Canadian Bill of Rights directs that laws should be construed and applied so as not to abrogate, abridge or infringe the rights or freedoms therein recognized.

[ 64 ] S. 24(1) of the Charter empowers the courts to grant such remedy as the court considers appropriate and just when Charter protected rights are violated.

[ 65 ] The respondents ask for Charter relief on the grounds that their right to be free from unreasonable seizure was infringed. They allege that some of the ammunition seized, not subject to forfeiture, was antique ammunition in its original boxes, the value of which lay in the box as much as the ammunition. It is alleged that when the police seized this ammunition they simply swept these valuable boxes of antique ammunition into tubs, damaging or destroying the boxes when they did so thereby destroying the value of that ammunition to a collector.

[ 66 ] The respondents further argue that in this case enforcing a forfeiture when the same would not otherwise be mandated by law is cruel and unusual punishment.

[ 67 ] In the result no ammunition shall be forfeited other than that ammunition actually in the improperly loaded firearms.

[ 68 ] Accessories such as slings, telescopic sights, flashlights, lasers, holsters etc. are exempt notwithstanding that the firearm to which they refer is forfeited.

[ 69 ] An order shall issue for the disposition of the items seized and detained in accordance with Schedule 1 to these reasons.

R v. Bruce Montague Schedule 1

Count

Exhibit # (as listed on Exhibit 1 of Nov. 14, 2011)

Description

Disposition

001

8 sticks of dynamite

004

Mossberg 12 gauge shotgun

004A

5 live 12 gauge shotgun shells

005

Black Smith and Wesson .38 Special Frame

006

Black Smith and Wesson .38 Special Frame

007

Black Smith Wesson .38 Special Frame

008

Black Smith and Wesson .38 special frame revolver

009

Stainless Ruger Security 6-357 Magnum

010

Black Python 357 Magnum frame

011

Plastic bag containing assorted firearm components

012

Black Browning 7.65 Cal Semi auto handgun with magazine

013

Stainless Basque .32 Claibre semi auto handgun, with magazine

014

Black Schmidt .22 calibre revolver, wooden handle

015

Black handgun frame, semi frame only

016

Le Enfield .303 calibre rifle with magazine

017

Mossberg 12 gauge shotgun with magazine

018

Winchester .22 cal rifle. Model 270 pump action

019

Marlin .22 cal rifle with magazine Model 80

020

Cooey .22 cal rifle bolt action Model 60

021

Rifle barrel from .303 Le Enfield – Barrel/Fra,e without stock and bolt

022

Winchester 12 gauge shotgun Pump Action 3” magazine

023

Winchester Bolt action Mag 300 top load

024

Bolt Action barrel No forestock U/K cal or make

025

Mossberg 12 gauge shotgun Semi-automatic model 9200

026

Remington .35 cal rifle Pump Action model 141

027

Remington 12 gauge shotgun Model 11-48 Semi-automatic

028

Cooey .22 Cal rifle Bolt action Model 60

029

Cooey .22 cal rifle with magazine Semi-automatic Model 64

030

Ruko-Armscor .22 cal rifle with magazine, semi-automatic model M20P

031

Marlin .22 cal rifle Lever Action with Hexagonal Barrel

032

Stevens 20 gauge shotgun Pump Action

033

Savage .22 cal rifle Pump action with Hexagonal Barrel model 29A

034

Browning 12 Gauge shotgun Semi-automatic Model B80

035

Browning 12 gauge shotgun Semi-automatic

036

Savage .22 cal rifle LOADED with 4 live rounds of ammunition

036A

4 live .22 cal rounds of ammunition removed from Exhibit #36

037

Husqvarna U/K calibre rifle Bolt action with top load magazine

038

“STADS” Bolt action rifle with Bushnell Banner scope Bolt action top load U/K calibre and U/K model. Barrel but no stock.

039

Winchester 7mm magnum rifle. Bolt action

040

Lakefield Mossberg 12 gauge shotgun Pump action Model 500A

041

Savage .223 cal rifle with scope Bolt action with magazine model 340

042

Tradition Incorporated Black Powder .50 cal rifle

043

Mossberg .22 cal rifle with magazine

044

JC Higgins 20 gauge shotgun Bolt action with Magazine Model 583.15

045

Savage Model 340 Bolt action, very rusty

046

Winchester 30-30 model 94 no stock. Lever Action

047

CARL GUSTAFS STADS bolt action rifle .223 cal GEVARS-KTORI 1903

048

Marlin rifle 45/70 calibre lever action Model 1895G

049

Browning 12 Gauge shotgun. Broken stock, semi-automatic without the receiver Model Twoluette

050

Fusil Perfex Brevete 12 gauge shotgun semi-automatic with receiver U/K Model

051

Marlin .22 calibre rifle bolt action Model 783

052

Le Enfield .303 with magazine Model MarkIII “James” engraved on the bolt, bolt action

053

Ithaca 12 gauge shotgun Pump action Model 37

054

Stevens 12 gauge model 820 B Pump Action

055

U/K make 308 calibre with scope Bolt action top load Model U/K

Scope - E Gun- I

056

Cooey .22 cal with magazine emo automatic with magazine Model 64B

057

13 assorted 1 lbs plastic cans of black smokeless powder

058

11-8 ounce tin cans of smokeless black powder

059

Pyrodex Black poder propellent 16 oz.

068

5-50 cal rounds of ammunition

069

Monadonck stick PR-24

070

12 Containterr of black powder assorted sizes

071

Gun parts with the name Owen Vaughn

072

Two 9 ½ inch magazines 1- operation and the other is iempty no spring

073

5 – large containers with Assorted ammunition from the residence

076

Barrel with associated gun parts

077

Hand Grenade

078

Cooey Sureshot .22 semi-automatic with magazine

080

Partial roll of Detonating Cord

081

9 – Electric Detonators

082

5 – safety fuse

083

Piece of gun receiver

084

16 - .410 gauge shotgun shells

085

Loaded .357 Magnum Ruger security six revolver

085A

6 -357 rounds of ammunition removed exh #85

086

Loaded Smithh and Wessom .38 Special revolver Model 10-8

086A

6 – live rounds of . 357 ammunition removed from exhibit 85

087

Single shot .22 cal Thompson Centre Arms

088

Thompson Centre Arms Barrel .45 – 410 gauge cal long colt staineless

089

.22 calSmith and Wesson revolver

090

.22 cal colt single action Frontier Scout

091

Revolver U/K make and Model appears to be a large calibre

092

. 38 special Amaderorossis.a. Revolver -5 shot in a leather holster

Gun – I Holster - E

093

Smith and Wesson .22 cal semi-auto Handgun with magazine

094

Smith and Wesson .357 cal Highway Patrolman Revolver Model 29-2

096

Colt Army Special .38 calibre Revolver

097

Ruger Super black Hawk .44 magnum revolver

098

Unknown make and calibre revolver

099

B. Whitney N. Haven revolver U/K calibre – Persussion revolver

100

Pepper Box U/K calibre Handgun C-sharps

101

Ruger .357 madnum revolver – Price tag $395.00 private

102

.38 calibrer revolver model 10-5 engraved Monty’s gunsmithing Smith and Wesson

103

Smith and Wessom Airweight .38 special

104

Smith and Wesson .38 Special Model 10-7 Revolver

105

Semi-automatic Browning High power 9MM calibre

106

Casullss Improvement Freedom Arms .22 Magnum revolver. Belt Buckle style

107

North Americam Arms .22 long rifle revolver

108

Semi-automatic Colt Marked Monty Gunsmithing Unloaded with Magazine 10 MM calibre with a RedDot scope

Gun – I Scope - E

109

Semi-automatic Ruger.22 calibre handgun with magazine

110

Semi-automatic Walther PPK 7.65 or .32 cal with magazine

111

Black Powder handgun made in Itlay .44 calibre ball

112

Handgun frame Smith and Wesson model 10-7

113

.36 Calibre Navy model Euroarms Bresscia Black powder revolver

114

Black homemade silencer

115

Smith and Wesson .38 special revolver model 10-5

116

.38 Special Smith and Wesson revolver model 10-5

117

Semi-automatic .22 cal Ruger handgun with magazine with homemade silencer

118

Smith and Wesson .44 Magnum stainless handgun revolver Model 629-2

119

380 auto Backup Manufacturer “AMT” loaded magazine

119A

5 live rounds from the magazine removed from Exh #119

120

German made .38 cal special handgun. Brake action Deringer

121

Bryco Arms semi-automatic 380 model 38 with a loaded magazine handgun

121A

6-live rounds removed from the magazine from exh# 121

122

Black Powder handgun double barrel – manufacturer HOPPES Model Ethan Allen

123

Jennings .22 cal semi-automatic handgun with magazine Model J-22

124

Ruger P-38 semi-automatic handgun with magazine`

125

Luger 9mm handgun with magazine

126

FN-9mm semi-automatic handgun

127

Colt model 19-11 semi-automatic handgun with magazine .45 cal ACP

128

FN semi-automatic .32 cal – 7.65 MM with magazine

129

UZI pistol .45 cal ACP Isreal with magazine made by action arms

130

STEN Mark 2 long branch 1943 sub machine handgun with magazine

131

132

Semi-automatic rifle with over capacity magazine H&R arms company US rifle 7.62 mm M-14

133

Rifle barrel, receiver and scope for an M-16

134

Ruger Ranch rifle .223 cal semi-automatic

135

AK-47 style rifle made in China with over capacity magazine 5.56 X 45 mm

136

AK-47 type rifle made in China NORINCO 5.56 -45mm with over capacity magazine

137

Ruger model 10-22 carbine semi-automatic rifle with homemade silencer with scope with a magazine .22 calibre

Scope – E Gun - I

138

AK 47 style rifle FN- with over capacity magazine 7.62 cal

139

AK 47 style rifle with over capacity magazine 7.62 mm

140

AK-47 style rifle with over capacity magazine 7.62 mm

141

Stamp SE26M Homemade 50 Cal rifle with scope. Iron Cross stamped

Scope – E Gun - I

142

Semi-automatic rifle with over capacity magazine Military type rifle Unknow Claibre

143

Carl Gustafs STADS GEVARSFAKTORI made and 1918 rifle Unknow Calibre

144

M-1 International Harvester US rifle semi-automatic

145

.303 Ross rifle made in Quebec Canada 1905. Unknown calibre

146

FN-Bolt action rifle no magazine made by FNA BRESCIA with a bayonet

147

Ruger Model 77 3300 winchester magnum bolt action scope

Scope – E Gun - I

148

Mohawk 600 Remington 308 Winchester calibre with loaded magazine

148A

2 – live rounds removed from magazine of exh #148

149

Homemade rifle from a Smith and Wesson marked Monty’s Gunsmithing Model 29-3 Unknown Claibre

150

Remington model 700 calibre 338 Winchester mag. Bolt action Rifle

151

BSA made in England Bolt action

152

Semi-automatic Remington Rifle Model 740 with magazine and scope

153

Black Powder 54 calibre Renegade Thompson Centre Arms

154

Black Powder 50 cal made in Italy

155

Bolt action .22 cal rifle with scope – Heavy Barrel

Scope – E Gun - I

156

Cooey Sure shot .22 Cal Bolt action Rifle

157

Cooey Repeater . 22 cal Model 60 Bolt action rifle

158

Cooey Model 39.22 cal Bolt action rifle

159

.22 Cal repeater rifle Cooey

160

.22 cal Ruger 10-22 carbine

161

.22 cal rifle made by JG. ANSCHUTZ GMBH, WATTENTABRIK Bolt action rifle with magazine and scope

Scope – E Gun - I

162

.22 cal semi-automatic rifle made by SHOOTS

163

.22 cal rifle single shot FNF

164

.22 cal Springfield repeater pump action

165

Steven model 124C 12 gauge semi-automatic shotgun

166

20 gauge pump action shotgun Lakefield Mossberg

167

Remington Winmaster 12 gauge shotgun pump action

168

Break action 12 gauge Double Barrel shotgun Made in Belgium

169

Break action double barrel 12 gauge shotgun Springfield

170

TOPPER H&R Arms Limited Single shot .410 shot gun

171

Lakefield Mossberg .410 Bolt action shotgun

172

.22 cal rifle with magazine loaded. Bolt action Marlin model 782

172A

7 – live rounds of ammunition removed from exh 172

173

Remington 870 Police Magnum 12 Gauge pump action shotgun with Pistol grip- Barrel sawed off

174

Barrel for a 12 gauge shotgun

175

Break action Double barrel shotgun 10 gauge with a tag saying GRANDADS

176

Winchester Model 94 30-30 cal rifle

177

Cooey Model 60 .22 cal rifle bolt action

178

FN- rifle no magazine

179

FN- rifle 7.62 mm no magazine

180

Remington Model 12 12 gauge shotgun break action single shot, sawed off no stock

181

US rifle M1 Calibre 30 M1 semi-automatic rifle

182

Long Branch /4 Made in 1942 Bolt action rifle

183

Barrell and receiver US rifle 30 M1 Calibre

184

Cooey Break action 12 gauge shotgun single shot

185

LITHGOWSHT.LE made in 1914 bolt action rifle – no bolt .303 cal.

186

.303 cal Lee Enfield bolt action rifle, no bolt magazine unloaded

187

Barrell for a Remington model 870 12 gauge shotgun

188

Springfield double barrel break action 12 gauge shotgun

189

Single shot 12 guage shotgun U/K make and model

190

Gun Part – Frame for a emington model 870 shotgun

191

Semi-automatic 12 gauge shotgun BRIDA BRESCIA made in Italy

192

Ross Rifle Model M-10 Bolt action with magazine .303 cal

193

Model 97 Winchester pump action 12 gauge shotgun

194

.22 cal pump action rifle Stevens

195

CBC 12 gauge model 586 pump action shotgun

196

Over and Under 12 gauge shotgun Safari arms Break action

197

Remington model 760 30-06 cal Magazine attached, pump action rifle with scope

Scope – E Gun - I

198

Over and under 12 gauge shotgun Model IJ-12 made in the USSR

199

AR 15 A2 .223 cal rifle with over capacity magazine loaded with a silencer and a barrel mounted flashlight and laser

Flashlight & Laser – E Gun - I

199A

30 – live rounds removed from magazine from exh #199

199B

20 –live rounds with magazine

199C

30 – live rounds with magazine

199D

20 – live rounds with magazine

199E

30- live rounds with magazine

199F

20 – live rounds with magazine

200

9mm semi-automatic Sig Sauer P226 handgun with a fully loaded magazine, gun in shoulder holster with two fully loaded magazines

Holster – E Gun - I

200A

15 – live rounds removed from magazine from exh #200

200B

14 live rounds from Magazine located in shoulder holster

Holster – E Ammo - F

200C

14 live rounds from Magazine located in shoulder holster

Holster – E Ammo - F

201

Thompson semi-automatic Carbine 45 automatic Cartridge model 1927a, Firearm located inside guitar case

Guitar case- E Gun - I

202

.410 cal stevens bolt action shotgun, no magazine

203

Bolt action rifle 6.5mm

204

Pump action .22 cal rifle

205

Barrel and frame for a Remington 7400 semi-automatic rifle 308 Winchester

206

Barrel fro a .22 cal bolt action rifle

207

Barrel and frame Remington model 742 rifle .308 Winchester cartridge

208

Barrell and receiver for a pump action .22 cal rifle

209

Break action 12 gauge shot gun Riverside Arms company no stock

210

Semi-automatic .22 cal no stock Stevens model 87J 22 long

211

Barrell for a Winchester model 300 .308 cal

212

Savage Lever Action .308 cal

213

.22 cal bolt action rifle model 60 Cooey Repeater

214

CIL break action 12 gauge shotgun Model 402 no stock

215

Break action 12 gauge single shot shotgun, COoey Model 840

216

Mossberg 410 pump action shotgun. No receiver

217

.303 British Lee Enfield, no bolt

218

.22 cal bolt action rifle, Mossberg model 42B

219

Mossberg .22 cal bolt action rifle and scope Model 42B

Scope – E Gun - I

220

Browning lever action 308 calibre

221

Semi-automatic .22 cal rifle, Cooey Model 64

222

Bolt action RFI made in 1965 rifle no bolt, Lee Enfield unknown calibre

223

Lee Enfield unknown calibre

224

Bolt action rifle made in 1940 Unknown calibre

225

Bolt action rifle BUDAPEST model 95

226

Cooey .22 cal semi-automatic rifle no magazine model 64, with a scope

Scope – E Gun - I

227

Stevens .22 cal semi-automatic rifle model 87B

228

Hand held crossbow

229

Plastic bag with 46 assorted handgun barrels

230

Invoices of office of Business

231

5 – over capacity magazines for Sten Machine gun – empty

232

Shotgun barrel, no stock u/k gauge

233

Wooden stock and forend for rifle

234

Incomplete suppressor canister

235

8 speed loaders 5 of which are loaded with 38 cal ammunition

236

4 – 9mm handgun magazine 10 round capacity all empty

237

4 – over capacity 9mm handgun magazine all empty

238

1 over capacity 50 round cylindrical magazine (AK47) empty

239

7 – over capacity AK 47 Magazines, all empty

240

9 – over capacity FN magazines. All empty

241

6 – over capacity FN magazines. All empty

242

5 – over capacity 9mm for the AT9 machine gun all empty

243

2 over capacity magazines for UZI all empty

244

4 – over capacity magazines for the AR15 all empty

246

10 over capacity magazines for the AK 47. All empty

247

1 over capacity magazines for the UZI. All empty

248

3 – over capacity magazines U/K calibre all empty

249

7 – legal .22 cal magazines. All empty

250

6- legal .22 cal magazines. All empty

251

8 – stripper clips for 306.8 live rounds in each clip

252

1 – unknown pistol magazine U/K calibre

253

Pistol magazine for AMT backup 380 cal

255

Shotgun tube magazine extension and spring

256

Aluminum cylinder

257

Flash suppressor

258

Magazine spring from a rifle

259

3 – pistol holsters

261

Magazine for Jennings J22 in blue box

262

2 – magazines for a Bryco 38 cal in blue box

263

2 – unknown gun parts

264

Magazine for a mini ruger 14

265

2 – unknown rifle magazines

266

2 – threaded rifle barrels

267

2 – homemade silencers

268

Bushnell phantom scope

269

Leupold scope

270

2 – unknown rim fire rifle magazines .22 cal

271

Spring loaded leather striking baton

272

38 Smith and Wesson Pistol barrel

273

12 Arrows for Crossbow

274

9 Crossbow arrows

275

12 broadhead blades for arrows

279

Martin speed a light compound bow M41 cougar

280

Bear compound bow with 5 arrows in case

281

Barnett cross bow engraved with PJ192

283

Bag with unknown gun parts

286

8 – 10mm pistol magazines, 1 holster, 4 pistol mag holders, belt, and 24 live rounds of 10mm ammunition in case

Holster – E Others - F

287

1 – box of primers for shot shells

288

1 – box if small pistol primers

289

2 – large boxes of primers

290

15 boxes of various primers

291

3 boxes of primers

292

12 boxes of primers

293

1 box with 27 16 oz cans of black powder

294

Box containing 19 containers of black powder in various sizes

295

Box containing 27 containers of various sizes of black powder

296

Box containing 27 containers of various sizes of black powder

297

Box contain 22 containers of various sizes of black powder

298

2.5 Litre jug of 10mm pistol ammunition

299

White plastic pail 4 boxes of 7.6 mm, 4 boxes of 9mm browning. 7 boxes of shotgun slugs, 4 boxes of 6.5x55 and 6 boxes of 303 British, 2 boxes of 44 magnum

300

4 – boxes of American Eagle 45 cal, 4 boxes of 308, 2 boxes of .356, 1-box of 38 auto, 1-package of 7mm, 1 part box of 9mm, 90 rounds of 306, 30 rounds of 50 cal, 3-boxes of 410, 45-12 gauge slugs

301

4 boxes of 357, 1 box 38 cal, 2 boxes of 9mm, 11 rounds of 7.62 x 51

302

70 rounds of 12 gauge ammunition

303

75 rounds of 12 gauge ammunition

304

6 – shotgun chock tubes

305

Green ammo box, 60 rounds of 9mm hollow point, 6 rounds of .357 glaser mag. 6 rounds og 9mm glaser and 6 rounds of 44 glaser rounds

306

Brown box of 2700 rounds of 5.56 x 45 ammunition

307

12 Boxes of 50 rounds .45 cal ACP ammunition

308

Pill bottle with U/K ammunition

309

White bucket of 18 boxes of .45 ACP ammunition

310

White bucket of 2480 roounds of .223 ammunition

311

White bucket with 2380 rounds of .223

312

Orange container with 340 rounds of .223 ammunition

313

Black container containing 1360 rounds of .223 ammunition

314

Green ammo box approx. 1500 rounds of 9mm ammunition

315

Green ammo box with 250 rounds of 9mm ammunition

316

Green ammo box with 850 rounds of 9mm ammunition

317

Green ammo box with 750 rounds of 9mm ammunition

318

Green ammo box with 1000 rounds of 9mm ammunition

319

Green ammon box with 189 rounds fo 12 gauge ammunition

320

Wood crate with 1000 rounds of Winchester 308 ammunition

321

Grey chest with 2280 rounds of 7.62 x 51 ammunition

322

Green ammo box with 360 rounds of 30-06 ammunition

323

Green ammo box with 380 rounds of 30-06 ammunition

324

Green ammo box with 100 rounds of 30-06 ammunition

325

Green ammo box with 520 rounds of 7.62x39 ammunition

326

Green ammo box with 520 rounds of 7.62x39 ammunition

327

Green ammo box with 2550 rounds of .22 Long rifle ammunition

328

Green ammo box with 140 rounds of 7.62x39 ammunition

329

Green ammo box with 2100 rounds of .22 Long rifle, 500 rounds of 6mm rim fire

330

Green ammo box with 1500 rounds of .22 calibre

331

Green ammo box with 1450 rounds of .22 cal ammunition

332

6 assorted mags from the reloading room, located on top of the gun vault.

333

Boz of assorted arrows from the reloading room

334

Magazine from smith and Wesson Model 41, .22 calibre

335

Box containing m1 Grand stripper clips

336

Box of assorted magazine and 3 speed loaders for 38 special

337

9 – box of assorted primers

338

Smith and Wesson handgun revolver

339

Plastic bag with 24 legal .22cal magazines

340

Receiver only from a Ruger .22 caliber LR Mark II target

341

Plastic bag with 5 rounds of 300 mag ammo, 5 - .22 cal ammunitions and 1 - .50 cal blank

342

Receiver only from a Stevens Model 311 Series H

343

Wooden stock and trigger assembly

__________ ”original signed by”_ ___

The Hon. Mr. Justice J. deP. Wright

Released: May 30, 2012

COURT FILE NO.: CV 05-024

DATE: 2012-05-30

ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: HER MAJESTY THE QUEEN - and – WILLIAM BRUCE MONTAGUE and DONNA MONTAGUE Defendants REASONS FOR JUDGMENT J. deP. Wright J.

Released: May 30, 2012

final

/mls

Her Majesty the Queen v. William Bruce Montague and Donna Montague, 2012 ONSC 2300

Case Summary

ONTARIO

SUPERIOR COURT OF JUSTICE

Reasons For Judgment

This Proceeding

Judge

Counsel

Parties

Areas of Law