The Crown applied for a forfeiture order under s. 117.05(1) of the Criminal Code in respect of a handgun seized from the respondent during a mental health crisis.
The crisis was precipitated by an adverse reaction to a newly prescribed antidepressant medication.
The respondent subsequently changed medications, stabilized, and reconciled with his family.
The court found that the respondent was a responsible gun owner and that there was no continuing basis to restrain his possession of the firearm.
The application for forfeiture was dismissed and the firearm was ordered returned to the respondent.