PUBLICATION:        The StarPhoenix (Saskatoon)

DATE:                         2004.01.15

EDITION:                    Final

SECTION:                  Forum

PAGE:                         A13

BYLINE:                     Edward B. Hudson

SOURCE:                   Special to The StarPhoenix

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Opponents of gun law won't surrender rights

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Following is the personal viewpoint of the writer, a Saskatoon veterinarian and secretary of the Canadian Unregistered Firearms Owners Association.

In praise of the federal government's new Firearms Act, Prof. Tim Quigley (Facts show new firearms program worthwhile, SP Jan. 8) states that "calls to scrap the system are irrational."

Quigley supports his position by providing data from the United States, while at the same time attempting to refute a U.S. study that shows the benefit of firearms ownership.

Interestingly, Quigley does not mention a recently published study by a fellow Canadian, Gary Mauser of Simon Fraser University, entitled "The Failed Experiment, Gun Control and Public Safety in Canada, Australia, England, and Wales."

In this comparative study of the new Canadian firearms control system and the effect upon the rates of violent crime, Mauser unequivocally concludes: "Restrictive firearms legislation has failed to reduce violent crime in Australia, Canada, and Great Britain. ... It is an illusion that gun bans protect the public."

While all responsible citizens understand the need for public safety, that needs to be balanced by seeking only laws which truly are effective. Equally importantly, any new government control measure must not violate a citizen's constitutional guarantee of personal freedom.

Not only is Canada's new Firearms Act demonstrably ineffective and outrageously expensive, it violates several liberties guaranteed to all Canadians under the Charter. Specifically, the act contravenes our rights to privacy, security of person, presumption of innocence, association, representation, mobility, and freedom from unreasonable search and seizure.

Although critics such as Quigley might counter that the Charter allows for "reasonable limits" upon these liberties, the Charter also says such limits on freedoms must be "demonstrably justified."

For more than a year I, and members of the Canadian Unregistered Firearms Owners Association, have been engaged in a struggle to protect our constitutionally guaranteed rights. In an attempt to challenge this unjust law in court we have on more than 30 occasions peacefully demonstrated that we own firearms in direct, open contravention of the Firearms Act.

We are confident that the courts will declare this law both unreasonable and unjustified. Inexplicably the federal government has refused to charge us under its law.

If, as Quigley claims, the Firearms Act were effective and cost efficient, why does Ottawa refuse to charge us and thus prevent a Charter challenge from proceeding?

More specifically, if the Firearms Act were so effective in promoting public safety, why do police allow me to continue to own more than 50 unregistered firearms right here in Saskatoon without "benefit" of a firearms license? If this law were truly necessary, the police should immediately confiscate my firearms and I should be in jail.

Our challenge to the federal government is peaceful and direct: We have openly transgressed the law. Charge us. The onus is on the government to prove in court that this law is just, reasonable, efficient, and effective.

We will never surrender our inalienable rights to an unreasonable government.