The Crown applied pursuant to section 117.05 of the Criminal Code for an order disposing of weapons seized by police and prohibiting the respondent from possessing weapons for five years.
The respondent had voluntarily surrendered firearms and edged weapons to police during a domestic assault investigation.
The court found it lacked jurisdiction to make the requested order because the application was brought approximately seven months after the seizure, far exceeding the 30-day statutory requirement under section 117.05(1).
Additionally, the court found that the preconditions for a lawful seizure under section 117.04 had not been met, as there was no evidence of the seizing officer's subjective belief that seizure was necessary for safety reasons.
On a hypothetical basis addressing the merits, the court found no legitimate concerns that the respondent lacked the responsibility and discipline required of a gun owner, noting the respondent's responsible storage practices and voluntary surrender of the weapons.
