Canadian Lawyer

March 2011

The most widely read magazine for Canadian lawyers

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"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 technicalities." Burlew is one of just three active lawyers in Canada who specialize in firearms cases. For the practitioner from Thornhill, Ont., his legal interest in firearms is an extension of his background and private life. Burlew was born in south- ern New Jersey where his father was the area representative for the National Rifle Association. "I grew up in a country setting," he recalls. "We were always hunting. I shot my first deer when I was 10 years old." Although the family moved to Ontario while the future lawyer was in his early teens, the Burlews' involvement in shooting-related sports remained strong. "I enjoy hunting," says Burlew. "I have hunted throughout southern Ontario, in the United States, and in the Yukon and the Northwest Territories." He says he also takes part in rifle shooting competitions and enjoys target shooting and clay bird shooting. He notes that he is at the black-badge level — the highest level there is — in handgun shooting. "My wife and daughter also enjoy the shooting sports," he says. Burlew earned his law degree from Osgoode Hall Law School in 1977, and was called to the bar in Ontario in 1979. While firearms cases always formed part of his caseload, it was with the passage of the 1995 Firearms Act that he began to devote his practice almost entirely to that area of law. "I foresaw tremendous changes in firearms licensing," he says. "On my own, I devoted a year to studying the legislation. I read every case under the new act and I continue to keep up to date." His clients are hunters, gun ownership groups, shooting ranges, suppliers, police officers, Canadian military person- nel, and individuals charged with having unlicensed firearms or unsafe storage of such firearms. Typical of his cases was a gun owner who reported a home break-in. His gun wasn't one of the items stolen but the responding officers charged him with unsafe storage of a firearm — a hunting rifle in this case — even though it was unloaded. "It was an uphill fight, but we eventually won," says Burlew. "I argue continually that unsafe storage of a firearm should be a regulatory rather than a criminal issue. But Crown attorneys consistently want jail time." Burlew also cites cases of clients who have been denied firearms licences because of medical conditions such as peri- odic depression or cancer. "There is concern about potential suicide in cases such as these," he says. "We have to determine with the court if the client is suicidal." It's not only Canadian firearms legislation that Burlew keeps abreast of. He represents clients from across Canada, but also has an international clientele. "It's what I do in my spare time," he says. "Half the time, I am dealing with travel ntitled-3 1 and import/export issues involving the United States, Dubai, Qatar, Korea, and Hong Kong. I am studying the firearm laws in the United States, Australia, and Britain and their relevance in a Canadian context. We have a lot of Americans and others who come to Canada to hunt and fish. Americans who cross into Canada with concealed weapons, for example, generally don't realize that the penalty if they get caught is a minimum three years in jail. They expect maybe a fine. "I have so many clients that go back and forth. I need to know the legislation in other countries in order to assist all my clients." Burlew notes that he does not accept as clients gang mem- bers or others engaged in illegal pursuits. "I need to maintain a high level of credibility," he insists. Burlew expects his workload will continue to increase as he carries on helping judges, Crown attorneys, and police officers make sense of the firearms legislation. THE LAW OF SUBDIVISION CONTROL IN ONTARIO, THIRD EDITION SIDNEY H. TROISTER, LSM Written by leading expert Sidney Troister, this text has become known as "THE" Planning Act resource since its original publication in 1988. This indispensable and practical text helps you analyze and assess the validity of title and address any problems that may arise. This new third edition updates the law and practice and includes: updated case law and commentary updated legislation new commentary on the effect of land titles conversion and the automation and parcellization of title a detailed section on the validation of title ...and more! Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluation CANADA LAW BOOK® www.CANADIAN Lawyermag.com M A RCH 2011 25 2/10/11 4:58:45 PM

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