Court File and Parties
Ontario Court of Justice
Date: 2018-06-27
Court File No.: 4911-99891702187
Between:
Her Majesty the Queen
— and —
Arthur Leonard
Judgment
Application Heard: 27 June, 2018
Ruling Delivered: 27 June, 2018
Counsel:
- Ms. L. Pasquino — counsel for the Crown
- Mr. A. Leonard — on his own behalf
Decision
KENKEL J.:
Introduction
[1] The Crown applies for an order under s.117.05 of the Criminal Code for forfeiture of firearms seized on consent from the respondent Mr. Leonard. The Crown further applies for an order under s.117.05(4)(b) prohibiting the respondent from possessing any firearms for 5 years.
[2] The respondent surrendered his firearms when police were called to his home. He was taken to Southlake hospital for psychiatric evaluation and kept there for 4 days. His medical history includes a past diagnosis of Bi Polar disorder according to the hospital records he tendered although that diagnosis has been revised. He described severe depression in the past that resulted in electroshock therapy which caused him to have seizures.
[3] The incident that led to the firearm seizure was mental distress after Mr. Leonard was discovered to have lied to the media about his military service and claimed service and awards he didn't have. The social media response to the "stolen valour" was harsh and resulted in a breakdown. To his credit, when a good friend intervened and encouraged Mr. Leonard to surrender his firearms and admit himself to hospital he did that.
[4] It's difficult to assess Mr. Leonard's current psychiatric condition. The information he provides is vague and at times internally contradictory. There are dated letters stating that he does not suffer from major depression or psychosis, but Mr. Leonard's evidence that he continues to see a psychiatrist regularly just because they're good friends and for no medical purpose wasn't credible. I have some concern about the state of his mental health although there hasn't been a further incident that required police intervention since.
[5] It's Mr. Leonard's evidence as to his physical condition that causes real concern for his safety and the safety of others were he to regain possession of his firearms. His evidence and his presentation in court shows that unfortunately he's no longer physically fit to safely possess or operate firearms. His legs move constantly due to an automobile accident causing his body to constantly shake. His hands also shake and he testified that his neurologist has told him his nerves along the arms are twisted. He was advised that is not reversible or treatable. He has lost some control of his motor movements in his hand and arms and he testified that within a few years he may lose complete function. Later, perhaps realizing the import of that evidence on his request for firearm return, he changed that evidence and said this was "as bad as it was going to get". I needn't resolve that conflict in his testimony beyond observing that his physical presentation in court shows he's unfit to operate firearms and his evidence shows that won't likely get better.
[6] Mr. Leonard has no criminal record. He's volunteered for St John's Ambulance and was a big help to the community during the Ice Storm a few years ago. He did the right thing when he was in mental difficulty in surrendering his firearms and admitting himself to hospital. I accept he is no longer in that extreme state although his ongoing psychiatric issues remain uncertain. Given that uncertainty and his many physical issues I've described, I find it would be unsafe to return the firearms to Mr. Leonard and that a prohibition is necessary in the public interest for 5 years.
[7] The firearms may collectively be of significant value. I would like to provide for a period wherein Mr. Leonard could sell these firearms to a person licensed to receive them before they are destroyed.
[8] The firearms seized from Mr. Leonard are hereby ordered to be disposed of under s.117.05(4)(a) as follows:
The firearms will be held in the possession of the York Regional Police for 6 months from today's date. If they haven't been sold or conveyed to a third party licensed to possess those firearms and lawfully entitled to possess firearms by December 27, 2018 the firearms are forfeit to the Crown and may be destroyed or otherwise dealt with as the Crown sees fit on or after that date.
The accused may sell any or all of the firearms to a person licensed to possess those firearms and restricted firearms and not otherwise prohibited or restricted from possessing firearms within the period from June 27, 2018 to December 27, 2018. Upon proof of a Bill of Sale and with the attendance of Mr. Leonard to confirm the sale in person, the York Regional Police may release the firearms to that lawful, licensed purchaser.
If the respondent fails to sell or convey the firearms by December 27, 2018 they are forfeit to the Crown under s.117.05(4)(a) and the respondent loses any right to sell or convey those items.
Mr. Leonard is not to have physical access to or possession of the firearms at any time for any purpose.
[9] It is also necessary in the public interest to prohibit the respondent from possessing any firearms and related items set out in s.117.04(4)(b) for a period of 5 years.
Delivered: 27 June, 2018
Justice Joseph F. Kenkel