Date: Mon, 10 Apr 1995 15:11:20 -0600 From: robert.pogson@mwcs.mb.ca (ROBERT POGSON) To: cdn-firearms@skatter.usask.ca Subject: C-68 and our constitution Message-ID: <199504102111.PAA04500@regulus> On the subject of Bill C-68, many who seem to see no use for firearms and who wish to deny firearms owners their rights, should examine our constitution which forbids many of the abuses currently in Canadian law and which are in C-68: Quotations from Magna Carta [1215] in Encyclopaedia Brittanica: "John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the archbishops, bishops, abbots, earls, barons, justiciars, foresters, sheriffs, stewards, servants, and to all his bailiffs and faithful subjects, greeting. Know that we, out of reverence for God and for the salvation of our soul and those of all our ancestors and heirs, for the honour of God and the exaltation of holy church, and for the reform of our realm, on the advice of our venerable fathers, Stephen, archbishop of Canterbury, primate of all England and cardinal of the holy Roman church, Henry archbishop of Dublin, William of London,... of Ropsley, John Marshal, John fitz Hugh, and others, our faithful subjects: ..." You see, a civil war erupted due to abuses of power by the king and he wisely decided to adopt reasonable practices and to declare them binding on his successors. Our House of Commons is now accepting many of the practises that were clearly seen by all to be abhorrent seven centuries ago. "[7] A widow shall have her marriage portion and inheritance forthwith and without difficulty after the death of her husband; nor shall she pay anything to have her dower or her marriage portion or the inheritance which she and her husband held on the day of her husband's death; and she may remain in her husband's house for forty days after his death, within which time her dower shall be assigned to her." Current law and C-68 contain measure to prohibit inheritance of firearms without encumbrance. "[20] A free man shall not be amerced for a trivial offence except in accordance with the degree of the offence, and for a grave offence he shall be amerced in accordance with its gravity, yet saving his way of living; and a merchant in the same way, saving his stock-in-trade; and a villein shall be amerced in the same way, saving his means of livelihood, if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of good men of the neighbourhood." Amerced means fined according to the wishes of the group, not according to law. I believe it is a trivial offence to possess a firearm without disclosing that fact to Rock's Gestapo. King John and his contemporaries would be rolling in their graves at Rock's idea that years in jail at the taxpayers' expense would be appropriate. "[27] If any free man dies without leaving a will, his chattels shall be distributed by his nearest kinsfolk and friends under the supervision of the church, saving to every one the debts which the deceased owed him." Rock wishes to deny many firearms owners the right to leave their arms to their heirs. "[28] No constable or other bailiff of ours shall take anyone's corn or other chattels unless he pays on the spot in cash for them or can delay payment by arrangement with the seller." Confiscation without compensation is part of C-68. "[39] No free man shall be arrested or imprisoned or disseised or outlawed or exiled or in any way victimised, neither will we attack him or send anyone to attack him, except by the lawful judgment of his peers or by the law of the land." Clearly, C-68 is controversial and not accepted by the peers of many firearms owners, yet it is being rushed through into law by closure. "[42] It shall be lawful in future for anyone, without prejudicing the allegiance due to us to leave our kingdom and return safely and securely by land and water, save, in the public interest, for a short period in time of war, except for those imprisoned or outlawed in accordance with the law of the kingdom and natives of a land that is at war with us and merchants (who shall be treated as aforesaid)." C-68 contains provisions to prevent movement of legally owned firearms to cross borders. "[54] No one shall be arrested or imprisoned upon the appeal of a woman for the death of anyone except her husband." The cry raised about deaths of innnocents was seen as not reasonable grounds to restrict the rights of many upright citizens. Wendy Cukier, take note! Why do we, in 1995, rush headlong into accepting abuses which fomented civil war in the past? Are we ignoring history in order to assure its repetition?