TORONTO -- A former gunsmith in northwestern Ontario has lost an appeal that sought to prevent the forfeiture of hundreds of firearms and gun parts.
The Ontario Court of Appeal ruling Tuesday rejected Dryden resident Bruce Montague's argument that the seizure sought by the Crown amounted to cruel and unusual punishment under the Charter.
Montague, a former firearms dealer and pro-gun activist, was sentenced to jail in 2008 on 26 firearm-related offences for refusing to obtain a licence to own and sell the weapons in an act of protest against gun laws.
Police in 2004 seized more than 200 firearms -- some modified into automatics and others with their serial numbers removed -- and accessories worth upwards of $100,000 along with more than 20,000 rounds of ammunition.
They've been held by police since then, and the Crown filed its forfeiture order to take possession of the items for good.
Lawyer Derek From says Montague and his wife and co-accused Donna Montague are "disappointed" in the ruling and that they are reviewing it before deciding whether to appeal to the Supreme Court of Canada.
From called the forfeiture order, along with the earlier sentence and ruling barring Montague from ever possessing guns again, "grossly disproportionate."
He said Montague had his "life taken away from him" and his life savings in firearms lost over what the lawyer termed a harmless infraction.
"It was a paperwork offence. No one was ever harmed. No one was ever threatened. None of that stuff," From said.
"I think in the end they're tired of going through this. It's been years and years of their lives."
Ontario's top court ruled that Montague being forced to surrender possession of the firearms fell far short of unjust punishment, noting he and his wife made the choice to flout firearms-licensing rules.
"In this case, it is most unfortunate for the appellants that they chose to challenge the firearms licensing laws by putting all their firearms at risk," the ruling reads.
"Considering all the factors as they apply to the facts in this case, it cannot be said that the cumulative forfeiture of these weapons would outrage community standards of decency so as to amount to cruel and unusual punishment," the justices ruled.
They wrote that the situation could have been "much more dangerous" had the modified weapons fallen into the hands of criminals.
From said the province is also seeking to take the couple's home, where the weapons had been kept, through civil forfeiture. That case had been on hold pending the forfeiture decisions but is expected to continue barring another appeal, he said.
