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CROSS EXAMINED defending firearms violation cases Burlew fires bull's-eye in BY MYRON LOVE ties of the act. "I see a large part of what I do as educating the courts and police officers about our firearms legislation," says lawyer Edward Burlew. "I have represented hundreds and hundreds of gun owners and, in a great many cases, I have been able to show that the police officers and the Crown attorneys don't fully understand the legislation's tech- nicalities." Burlew cites, as examples, two cases where he was called in after the indi- viduals had spent several weeks in jail — they were unable to get bail — on alleged firearms violations that had no basis in law. In one case just north of Toronto, relates Burlew, the individual owned a black-powder revolver. The gun owner was charged with having an unlicensed gun and had been in jail for 65 days when Burlew took the case. "The first lawyer was unable to get bail," says Burlew. "I explained to the court that owners of black-powder revolvers are not required — under the legislation — to have the gun either licensed or regis- tered. The judge apologized to my client and released him." In a second case, in southeastern Edward Burlew probably knows more about firearms-related laws than most people. — the legislation passed by the federal F or most Canadians, our awareness of Canada's fire- arms legislation is limited to the controversy concern- ing the long-gun registry government as part of a more compre- hensive Firearms Act in 1995 — that requires all rifle owners to register their guns. It would seem that most police officers, Crown attorneys, and judges are also a little hazy on the technicali- 24 M A RCH 2011 www. CANADIAN Lawyermag.com Ontario, Burlew's client ordered a BB gun through the mail. The police intercepted the gun prior to delivery and determined that it was a replica. Replicas of modern guns that can cause serious bodily harm are prohibited. The client was charged and jailed without bail. When Burlew entered the case, he pointed out that his client didn't have a criminal record and could therefore legally buy the BB gun. It took a few weeks, but the court finally conceded that the gun wasn't a replica and that the accused didn't need a licence. He was immediately set free but only after having spent 100 days in jail.