Decision reserved in Edmonton weapons trial stemming from gun law protest

[gunsmith]

Korean War Vet faces jail for .22 rifle (Canada)

Not everyone in peoples republic of Canada is giving up!

Gun registry fight hits courtroom
Defence wonders why province behind charges

By TONY BLAIS, COURT BUREAU

former Alberta Legislature sergeant-at-arms who took an unregistered rifle to a public protest against Canada's Firearms Act brought his battle to court yesterday.

Unfortunately for Oscar Lacombe, a 75-year-old decorated Korean War veteran, the charges he is up on are under the Criminal Code instead of the new gun registry law.

But that didn't stop the feisty Mundare man from airing his views on the controversial federal gun law.

"The whole purpose behind my action was to demonstrate against a very, very bad law," said Lacombe, outside court, wearing a jacket displaying his numerous medals.

"As far as I am concerned the Firearms Act has no teeth and I hope maybe eventually that law could be changed."

Since Lacombe was unable to launch a charter challenge of the gun registry law because he was charged under the Criminal Code with bringing a gun to a public meeting, his defence centred on freedom of expression rights.

Defence lawyer Richard Fritze told provincial court Judge David McNab that while Lacombe brought a rifle to a Jan. 1 protest at the Legislature, it was only a prop because its firing bolt was removed and it was not loaded.

"He went to the authorities and said he was going to make a political statement," said Fritze, referring to the fact Lacombe told police his intentions two days earlier.

"It was a prop," he said. "Otherwise he is just like anyone else shouting into the wind."

Another defence argument proposed for the initial charge and a second count of possessing an unauthorized weapon is that the dismantled rifle cannot be classified as a firearm under the law, said Fritze.

However, federal prosecutor Michelle Doyle argued a firearms expert testified he was able to have the rifle ready to fire ammunition in less than one minute.

Doyle also pointed out that Lacombe was not charged under the new gun registry law because he did not even have a licence for the .22-calibre rifle involved.

"He has been charged with something under the Criminal Code that has nothing to do with what he is protesting," said Doyle.

McNab ordered the two sides to present written arguments concerning the freedom of expression argument, and the case was put over until mid-December.

Outside court, Fritze questioned why the province was behind Lacombe's charges, citing the fact the federal prosecutor was acting as an agent for Alberta Justice.

"Why did the Alberta government, after making a policy statement that they will not be prosecuting people in Alberta for registration violations, indeed go ahead with this prosecution?" asked Fritze.

"I think the Klein government has to be asked why in fact they are prosecuting Albertans for registration violations when there is a section in the Firearms Act that could be used."

As for Lacombe, he denied his actions were just a publicity stunt and said he just wants people to be aware of the gun registry law, which he describes as costly and bad.

"I was well prepared to go to jail, I was prepared to do whatever I had to do to bring this to a conclusion, you might say," he said.
Thank God For Folks Like This!

 

[Mark Tyson]

was well prepared to go to jail

If there's enough people with that kind of guts here in the states, we can take back our freedoms from the safety nazis.

 

[gun-fucious]

Decision reserved in Edmonton weapons trial stemming from gun law protest

Sat Nov 8,12:21 AM ET

JIM MACDONALD

EDMONTON (CP) - Canada's $1-billion gun registry came under fire in an Edmonton courtroom Friday where a decorated war veteran was being tried for toting a disabled rifle to an anti-gun-law rally.

Oscar Lacombe, a former sergeant-at-arms for the Alberta legislature, testified that the gun registry is a huge waste of money that should have been used for important work such as heart surgeries.

Lacombe, 75, staged a protest on New Year's Day by carrying an unlicensed, unregistered .22-calibre rifle to the grounds of the Alberta legislature. Provisions of the federal Firearms Act requiring each gun to be registered came into effect that day, and Lacombe was hoping to be charged under the act so he could challenge it in court.

He was later charged with offences that already existed under the Criminal Code - possession of a firearm without a licence or a registration certificate and carrying a weapon to a public meeting.

"I wanted to bring attention to the fact that this Firearms Act was a very, very bad law," Lacombe testified.

"There's a whole lot of things that can be done with a billion dollars."

Outside court he listed some alternatives to spending money on the registry, which has been beset by cost overruns.

"How many hip replacements? How many heart transplants? How many thousands of different things? Kids' education, welfare, you name it - there's all kinds of ways that money could be spent."

The courtroom was packed with about two dozen of Lacombe's supporters, and at one point Judge David McNab also seemed to sympathize with the accused when he referred to "this monstrosity that has become the gun registration system."

Lacombe, who wore a maroon blazer adorned with long rows of military medals, testified he served in the Forces before becoming a security officer for Alberta premier Peter Lougheed and then premier Don Getty.

"I carried a gun around for 30-odd years in the military, shooting people with the consent of my government," he said.

"I'm a real Albertan and a real Canadian. I come from a family of 14 and shot my first deer when I was nine."

Lacombe's lawyer Richard Fritze described Lacombe's actions as a "political protest" and said the gun was simply a prop. Such a protest should be protected under the freedom of expression clause in the Charter of Rights and Freedoms, he said.

"Section 2(b) of the charter provides broad protection for Canadians to express themselves."

Fritze also argued that the gun should not even be considered a weapon because Lacombe had removed the bolt, rendering it inoperable.

But prosecutor Michelle Doyle rejected that argument, saying the rifle was "readily adaptable" simply by replacing the bolt.

Court also heard testimony from the Edmonton Police Service officers who worked on the file after Lacombe alerted police about what he planned to do.

Deputy Chief Michael Bradshaw testified Lacombe told him he planned to bring the gun to the legislature and wanted to be arrested under the provisions of the Firearms Act.

"I advised that there could possibly be charges under the Criminal Code," Bradshaw said.

"I told him that while I certainly respected his right to protest, I could not condone his bringing a firearm to a public meeting."

Doyle, a federal prosecutor, was arguing the Crown's case because Alberta justice officials have said they won't prosecute gun owners who break the law by failing to register their weapons. Ontario, Nova Scotia, Saskatchewan, Manitoba and New Brunswick have taken similar stands.

The judge adjourned Lacombe's case until mid-December and gave the defence a week to present its charter arguments in writing.

http://story.news.yahoo.com/news?tmpl=story&u=/cpress/20031108/ca_pr_on_na/gun_registry_challenge_3

 

[gunsmith]

All I can add is

If there's enough people with that kind of guts here in the states, we can take back our freedoms from the safety nazis.

Is Amen!

 

[jimpeel]

http://www.thehighroad.org/showthread.php?s=&threadid=48816

 

[Preacherman]

Duplicate threads merged.

 

[Boats]

Does one not have a right to a jury trial in Canada? I ask only because one is not mentioned in a criminal case.