BC Supreme Court Case Appeal

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BC Supreme Court Case Appeal for Christopher Porter

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November 10, 2011 Attention: Responsible Gun Owners Subject: BC Supreme Court Appeal Who: Christopher Porter When: 30 days from October 31st, 2011 What: $1000 dollars for Court Fees

Dear Responsible Gun Advocates; We enjoy the privilege and the benefits given to us by the Firearms Act in order to enjoy interacting with Firearms in Canada. As many of us are aware, there are some “gaps” in the Fire Arms Act of Canada that periodically leaves citizens confused or unsure of their rights. Currently I am involved in one such case involving myself. November of last year Police visited my home and advised my wife and myself that our lives were in danger through death threats confirmed by the FBI (Federal Bureau of Investigation) and CSIS (Canadian Security Intelligence Service). During our discussions of precautions such as bodyguards and elaborate security systems (something I am not in the position to afford), I asked about the ability to protect myself or family in direct harm with my registered handgun. I was advised that the issue of self-defense in Canada was complex but in the end equivalent force met in the courts had been accepted as suitable defense in situations of life and death. Three months later on the eve of the Federal Election being called ( for which I was a Candidate as Leader of the Federal Political Party, Canadian Action Party) our family was awaken with banging on our roof in the early hours of the morning. I proceeded to investigate outside thinking that it was the neighbor raccoons and was shocked to find a knapsack on my patio which confirmed that it was a person on our roof banging. I immediately got my family in a barricaded section of the house, called 911 and advised them that in the house was a registered firearm. I retrieved my firearm after a long duration waiting for police to arrive to my home. I complied with the officers instructions throughout the entire time and was asked to return the firearm to storage and stand by the side of the road. After over 15 minutes of the initial hearings of the threat on the roof, SWAT of Saanich arrived on my street focussing on myself. During this time I heard noise across the road and proceeded to find the one individual of two that was on my roof. After this incident I was called in to meet with the Chief Firearms Officer of British Columbia who proceeded to tell me that I had used my firearm for unlawful purposes and that a condition was being forced upon my license to not be allowed to store any firearms at my home to ensure I did not intentionally or accidentally shoot anybody. I am aghast at this labeling by the police on myself. I took my firearms safety course and passed without difficulty to ensure I was aware of how to properly use my firearm to ensure that nobody

is involved in an accident. Furthermore as I never left my house with the firearm, never threatened anybody with the firearm, I feel this labeling of being unlawful is wrong. As I was issued a second license with non-standard conditions attached, I proceeded to try to have the decision reviewed based on a revocation of my first license that had only standard conditions. Jesse Stamm, a lawyer of Roger Batchelor, was kind enough to take the first case pro bono. The Crown, Attorney General of Canada, challenged my application to have the BC Court review the revocation of my first license, based on the fact that they stated the Provincial Court has no jurisdiction on conditions placed on licenses under Section 58 of the Firearms act. This means that Firearms officers could place any conditions on firearm owners (such as not allowing you to store firearms at your home) and the only recourse to having them reviewed would be through the Federal Court system which is costly and long. Review of revocations and refusals (much more major actions than conditions) of licenses are in fact allowed to be reviewed at the Provincial level. It is important that the discrepancy in the law is clarified so that all gun owners can have clear, easy and inexpensive access to the court systems to have their issues listened to. Attached is summary of the first court decision by the Provincial Court Judge. I am taking the matter to appeal to the BC Supreme Court. Roger Batchelor in Langford has agreed to continue to work on this case. I am seeking contributions from the gun owner community to assist with the legal costs of this case. Roger Batchelor has been very fair in their request of fees and I am currently seeking one thousand dollars for this appeal. This is a case that will go far in clarifying the rights of gun owners to protect their families in harms way. It will also assist to make sure that government representatives have some sort of accountability placed on them for their actions. We as Canadians expect to have direct access to the judicial system to be heard. We expect to be treated fairly and openly on all matters pertaining to the welfare of our families. I thank you for your assistance and interest in helping with this appeal.

Sincerely, ! ! ! ! ! ! Christopher Porter! ! ! ! (250) 999-8683 [email protected]

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Donations for the appeal to be sent to: Roger Batchelor Law Corporation 2866 Acacia Drive, Victoria BC V9B 2C3 memo: Christopher Porter Appeal Contact: Jesse Stamm (250) 412-7794

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