The Crown applied under section 117.05 of the Criminal Code for an order forfeiting firearms and ammunition seized from the respondent and prohibiting him from possessing firearms.
The respondent, who had been apprehended under a Form 1 psychiatric assessment in September 2008 following concerning behaviour at a functional restoration program, opposed the application.
The court found that while the respondent's conduct on September 11, 2008 raised clinical concerns, the assessment must be made at the time of the hearing.
Considering the respondent's lack of criminal record, absence of violence, proper storage of weapons, and his family physician's opinion that he poses no danger to himself or others, the court declined the Crown's application for forfeiture and prohibition orders.
