bc supreme court case appeal

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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 enjoyinteracting with Firearms in Canada. As many of us are aware, there are some gaps in the FireArms 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 visitedmy home and advised my wife and myself that our lives were in danger through death threatsconfirmed by the FBI (Federal Bureau of Investigation) and CSIS (Canadian SecurityIntelligence Service). During our discussions of precautions such as bodyguards and elaboratesecurity systems (something I am not in the position to afford), I asked about the ability toprotect myself or family in direct harm with my registered handgun. I was advised that the issueof self-defense in Canada was complex but in the end equivalent force met in the courts hadbeen 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 withbanging on our roof in the early hours of the morning. I proceeded to investigate outside thinkingthat it was the neighbor raccoons and was shocked to find a knapsack on my patio whichconfirmed that it was a person on our roof banging. I immediately got my family in a barricadedsection of the house, called 911 and advised them that in the house was a registered firearm. Iretrieved my firearm after a long duration waiting for police to arrive to my home. I complied withthe officers instructions throughout the entire time and was asked to return the firearm tostorage and stand by the side of the road. After over 15 minutes of the initial hearings of thethreat on the roof, SWAT of Saanich arrived on my street focussing on myself. During this time Iheard noise across the road and proceeded to find the one individual of two that was on myroof.

After this incident I was called in to meet with the Chief Firearms Officer of British Columbia whoproceeded to tell me that I had used my firearm for unlawful purposes and that a condition wasbeing forced upon my license to not be allowed to store any firearms at my home to ensure I didnot intentionally or accidentally shoot anybody.

I am aghast at this labeling by the police on myself. I took my firearms safety course and passedwithout difficulty to ensure I was aware of how to properly use my firearm to ensure that nobody


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is involved in an accident. Furthermore as I never left my house with the firearm, neverthreatened 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 tohave the decision reviewed based on a revocation of my first license that had only standardconditions. 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 BCCourt review the revocation of my first license, based on the fact that they stated the ProvincialCourt 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 notallowing you to store firearms at your home) and the only recourse to having them reviewedwould be through the Federal Court system which is costly and long. Review of revocations andrefusals (much more major actions than conditions) of licenses are in fact allowed to bereviewed at the Provincial level. It is important that the discrepancy in the law is clarified so thatall gun owners can have clear, easy and inexpensive access to the court systems to have theirissues listened to.

Attached is summary of the first court decision by the Provincial Court Judge. I am taking thematter to appeal to the BC Supreme Court. Roger Batchelor in Langford has agreed to continueto work on this case. I am seeking contributions from the gun owner community to assist withthe legal costs of this case. Roger Batchelor has been very fair in their request of fees and I amcurrently seeking one thousand dollars for this appeal. This is a case that will go far in clarifyingthe rights of gun owners to protect their families in harms way. It will also assist to make surethat government representatives have some sort of accountability placed on them for theiractions.

We as Canadians expect to have direct access to the judicial system to be heard. We expect tobe treated fairly and openly on all matters pertaining to the welfare of our families. I thank youfor your assistance and interest in helping with this appeal.

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

Donations for the appeal to be sent to:Roger Batchelor Law Corporation2866 Acacia Drive, Victoria

BC V9B 2C3memo: Christopher Porter AppealContact: Jesse Stamm (250) 412-7794


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