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Winning Strategies in Court Cases

Thursday, February 17, 2005
There is a tremendous difference between a street fighter and a boxer. The tactics and techniques are very different. So are the venues for the fight.

There are tremendous differences in the tactics, techniques and methods used to protect firearms rights in Canada by different individuals and organizations.

Are one person's or group’s methods better than another? That is a question, perhaps, better left unanswered. Each individual develops the tactics, techniques and methods that he is most comfortable with.

Canada’s National Firearms Association is working very hard on protecting firearm owners rights in Ottawa, across Canada and internationally. The methods and tactics we use are the ones that we are most comfortable with. They are tactics that we have designed, using a great deal of expertise.

Our specific areas of expertise are expanding all the time, but our bedrock expertise is in the areas of legal research and political action.

The National Firearms Association has studied the Firearms Act, the firearms sections of the Criminal Code, and the Regulations extensively.

We have made a very in-depth analysis of the political process in Canada.

We have combined our research with 21st century communications methods to become an effective professional organization.

Our legal efforts, in specific cases, start when a firearm owner facing charges, or his lawyer, contacts the National Firearms Association.

We have found that our thorough knowledge of the Law and the Regulations is often enough to provide enough ammunition and evidence to the defence lawyer, who can then prove the accused is innocent.

The first step in our recommended method of dealing with a charge is that the person facing charges must “shut up”. This can be one of the hardest things to do for a person who has had their home raided, and may have spent time in jail.

After all, his friends and supporters all feel that they need to know what happened.

Our advice, and it has proven successful in countless cases, is that the more a person talks, the less likely they are to win in court.

Court cases are not won by the judgment of a person’s friends; they are not won in the media's writings and broadcasts; and they are not won in postings to the Internet. Court cases are won in court.

While there may be large numbers of people who feel that they have a need to know what happened, and everything that is going on, the reality is that a firearm owner who works with his legal team and the National Firearms Association has a far greater chance of winning his case than one who talks to everyone.

Bluntly put, there will be lots of time to tell everyone what happened after a win in court.

Disclosure is required in Canadian courts.  That is, the Crown prosecutor must supply the defence attorney with everything he knows about the case before going into a trial.

The reverse is not true.  The defence attorney does not have to tell the Crown prosecutor anything.  That is a precious advantage, and it should never be thrown away by chattering to the news reporters, or to anyone else.

This includes any person who knows anything about the defence plan but is not directly involved on the accused firearm owner’s defense team.

Chattering about the case is a way to lose the case, because it hands precious knowledge to the Crown prosecutor before the trial.

In warfare, it is a court martial offense to tell the enemy what your defence plan looks like, where your soldiers are dug in, what weapons you have, or anything else that will help the enemy to win.  In a court case, if the goal is winning, then one of the tools used to win is silence.

This may frustrate the media, and may initially frustrate efforts to raise funds for a successful defense.  Chattering, however, tends to increase the cost of the defence, because it wipes out plan A, and requires making Plan B.

Bluntly, the media doesn’t matter.  Court cases are won in court, not in the media. Again there will be lots of time after the win to talk to the media.

Equally bluntly put, contributions for a defense fund should not depend on disclosing all the details of what is happening in the court case.  There is a need to plan all fund-raising efforts, and to explain why it is unwise to share details with those who have no need to know.

When preparing for a trial, the crown prosecutor has to prepare and then provide to the defence attorney the specific charges. There is no point in seriously considering the original charges laid by the police, as they may never get into the court.

The police are not experts in firearms control law. Their charges may become parts of the Crown's charges, but it is the Crown’s charges which will be faced in court.

Trying to deal with police charges is pointless -- because they are probably not the charges that a judge will eventually be looking at.

It is simply factual that a defense cannot be planned until the legal team has the actual charges – those submitted to the judge by the Crown prosecutor.

Do you know of a person charged, in Canada, with a firearms offence? Putting that person or his lawyer directly in touch with the National Firearms Association can be a key means of winning the case. You can contact the National Firearms Association at (780) 439-1394.

Did you find this information helpful? Canada's National Firearms Association works to protect firearms owners rights and heritage in Ottawa, across Canada and internationally.

It is through the Membership and contributions of our thousands of Members that we are able to do all of our work. An annual Membership starts at $30.00. We invite you to join us today, we have Members from around the world.

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