Canadians Right To Protect Themselves & Property

[Slevin]

WELLAND - Canadians’ right to protect themselves and their property was upheld in a Welland courtroom on Thursday, as Ian Thomson was acquitted of all charges against him in a case dating back more than two years.

“I’m somewhat relieved, but it still hasn’t sunk in,” said Thomson late Thursday afternoon.

The Port Colborne man had been facing a count of careless use of a firearm and one count of pointing a firearm from an incident on Aug. 22, 2010, when he fired shots to ward off three men who were attempting to firebomb his home.

While those charges were dismissed early on, Niagara Regional Police charged him with two counts of careless storage of firearms, charges which could have seen him sent to prison for a few years if convicted.

In an interview with Sun News Network, Thomson said he had no option but to protect himself when the men, who were sentenced to prison in early December, threw a number of Molotov cocktails at his Snider Rd. home.

The former firearms instructor told Sun News’s Brian Lilley that all of his guns were legally-owned.

“I wasn’t surprised … I knew as soon as I used a firearm to protect my life that charges would be laid,” he told Lilley on Friday morning. “The Crown seemed to have an agenda to make an example of me and to put the fear into every firearms owner in Canada that you’re not allowed to defend your life in circumstances like I faced.”

Thomson wanted to thank supporters who showed up for his trial and those who have contributed to his legal defence fund.

“There were people from all over Niagara and Canada that came to court,” he told The Tribune.

Though acquitted by Judge Tory Colvin, whose judgment was rendered in a half-hour-long decision, Thomson and his lawyer Ed Burlew, Canada’s top gun speciality lawyer, both said the Crown could appeal the decision.

“The Crown will look it over and figure out what its next step will be,” said Burlew on Friday.

“It was an excellent decision and I don’t think there were any errors in law … there’s nothing to me that I would see as constituting grounds to appeal,” the Thornhill-based lawyer said.

Burlew said the judge found Thomson had his guns safely stored in a steel locker and that the ammunition, which was stored in his bedroom, was not readily accessible to the guns.

Crown attorney Bob Mahler had made an issue of the ammunition and how accessible it and the gun was to Thomson during the final stages of the trial in March 2011.

Burlew said Thomson had to get the key to his gun safe from a hidden location, unlock the safe and get the gun: “It was never easily accessible.”

Colvin, the lawyer said, also relied heavily on video surveillance of the attack on Thomson’s home during his decision.

“The external video was a very important part of the acquittal,” said Burlew.

If an appeal is granted, Thomson told Sun News Network he’s not going to quit.

“I did not break the law, I did nothing wrong,” he said, adding the Crown misinterpreted the law.

Burlew said his client is looking forward to enjoying a normalized life in his home and is glad the ordeal is over.

“He was determined … he knew he was innocent and was steadfast in maintaining that. We were confident this (the acquittal) would occur. The law was clear.”

As for Thomson’s guns, seized by police when he was charged, Burlew said if there is no appeal then the firearms and other items taken will be returned.

Timeline

Aug. 22, 2010: Thomson’s Port Colborne home is attacked by four assailants launching Molotov cocktails and uttering death threats. Inside the home at the time, Thomson fires three shots to ward off the attackers.

Aug. 23, 2010: Niagara Regional Police charge Thomson with careless use of a firearm.

November 2010: Niagara Regional Police and the Crown attorney’s office lay three additional firearms charges against Thomson relating to the August incident.

December 2010: Two men are arrested in connection with the incident. Randy Weaver, of Port Colborne, and Justin Lee, of Welland, were each charged with arson disregard for human life. Two additional men are later charged in relation to the incident — Richard Coulthearst, of Welland, and Michael Theberge, of Port Colborne.

March 2, 2011: A peaceful protest is held outside of the Welland courthouse in support of Thomson as he returns to court.

March 2, 2011: Two charges against Thomson are dropped by the Crown.

Jan. 30, 2012: Thomson’s trial for the remaining firearms charges begins in a Welland courtroom. After two days, the trial is adjourned to May and then again adjourned to October.

Oct. 25, 2012: Judge Tory Colvin requires more time to review submissions on the case and adjourns to Jan. 3, 2013.

Dec. 3, 2012: The four accused in the firebombing of Thomson’s home are sentenced in St. Catharines court.

Jan. 3, 2013: Thomson acquitted on all four counts, which include the two previously dropped charges. The Crown has 30 days to appeal

[pike007]

You have the right to defend yourself. If they were running away its a tricky situation " i personally wouldnot of shot at them if they were running away" .

Glad he got off though.

007

[kevin]

Thankfully, the correct verdict was reached. Fire can kill, he was faced with a potentially deadly threat and he reacted. Even if it was a different verdict, I doubt he would change a thing. His family is safe.

I'm assuming it was a restricted firearm? Long guns only need to be in a room that is difficult to break into OR in a locked cabinet. Ammunition stored separately.

If my exterior door is locked, and the intruder is not welcomed in, then any room in my house is "difficult" to break into.

http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/storage-entreposage-eng.htm

[hammercarp]

I think there is some lessons here. Note that when the initial charges were dropped the crown/police came up with more charges. That is because in their view you do not have the right to defend yourself. You only have one right and that is to be a victim. I really am of two minds about this. I am happy that the man was acquitted but I am deeply troubled by the fact that he not only had to endure the assault of these vicious criminals but then had to face two years with the threat of jail over his head.

[jrod]

http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/storage-entreposage-eng.htm

This comes from the RCMP's website and is a good guideline to follow in regards to safe storage and transportation of a firearm. It's a good idea to have a copy of this handy if you are ever stopped and an ill-informed officer questions you about how a firearm is stored during transport.

[onthemoney]

The site is good, but unfortunately not all police read or interpret it the same.

Case # 1 Coyote Hunter: having an uncased firearm in the passenger seat (not loaded) waiting for the dogs to push out a Coyote from the woods he is watching, OPP officers (gender not important)pulls up. Tell the hunter that he can not have an uncased firearm in the vehicle even if it's unloaded. Hunter calmly explains that he is perfectly legal to have his firearm this way while hunting. After 1 hour of waiting the officer is unable to have contact with a senior supervisor to clarify the legality of this situation. Having all the hunter's information informs him that once clarification is found and if he is in the wrong he can expect a visit from the OPP. NO VISIT HAPPENS

Case # 2 Duck Hunters: after an evening duck hunt and recovering birds and decoys it's after dark, upon returning to the launch they encounter police that ask to see their weapons. as 1 hunter removes his gun from the boat the police start to question said hunter that his gun sock in not legal, Luckily another of the hunters had kept the regs and points out to the police that their friend could have his gun wrapped in a blanked and tied that is legal.

we have a problem where I live also we call the OPP to inform them of opening day of Duck Hunting as a courtesy and on a number of occassions the officer asks where we are hunting then informs us that we can't hunt there (we have hunted there for years and it's on a rock shoal in the water) (the water is ferderal) every year at least 2 opp cars show up the 1st day, then everytime we are there after that this same officer shows up sometimes in uniform other times in civilian clothing so now it's more of harassment but we keep hunting there because it's legal and the old adage give them and inch they will take a mile.

So what can we do.

Good to see the man was acquitted of all charges.