Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights – Criminal law – Constitutionality of firearms legislation – Whether the Court of Appeal erred by holding that the sections of the Firearms Act and the Criminal Code under which charges were laid were constitutionally valid and within the power of Parliament, or in breach of ss. 7 and 26 of the Charter and not saved by s. 1 – Whether the Court of Appeal erroneously ignored the Crown’s inflammatory address to the jury – Whether the Court of Appeal erroneously ignored the amendment of the indictment after the close of the defence case – Whether the Court of Appeal erroneously imposed a harsh sentence and mandatory minimum sentence – Whether the Court of Appeal erroneously imposed an unlawful conditional and jail sentence.

William Bruce Montague is a firearms dealer and manufacturer. He allowed his firearms licence to expire in November 2002 without renewal. His Firearms Acquisition Certificate expired in November 2003. His wife, Donna Jeanne Montague’s firearms licence expired without renewal in March 2004. In September, 2004, acting on the authority of two search warrants, the police seized more than 200 firearms and related devices, together with in excess of 20,000 rounds of ammunition and boxes of military-related books and associated paraphernalia from the Montagues’ home. Many of these weapons were discovered in a hidden storage room in the basement of the house. The evidence at trial established that Mr. Montague believed himself to be preparing to defend himself, and others, in the event of a war. Mr. Montague was charged with various firearms-related offences under the Criminal Code on a 53-count indictment. Mrs. Montague was charged with one count of unlicensed possession of a firearm.

Mr. Montague was convicted of 26 firearms-related offences. Mrs. Montague was convicted of one count of unlicensed possession of a firearm. Mr. Montague was sentenced to a global sentence of 18 months’ incarceration, followed by 90 days imprisonment to be served in the community, plus probation for one year. A lifetime weapons prohibition order was also made. Mrs. Montague received a suspended sentence and was placed on probation for six months. The Montagues both appealed against conviction and Mr. Montague appealed as well against sentence. Their appeals were dismissed however it was ordered that the issue of forfeiture was to be addressed by the trial judge.