R. v. Staniford, 2019 ONCJ 430

ONTARIO COURT OF JUSTICE CITATION: R. v. Staniford , 2019 ONCJ 430 DATE: 2019·05·29 BETWEEN: HER MAJESTY THE QUEEN — AND — COLIN STANIFORD APPLICATION FOR FORFEITURE s 117.05 Evidence Heard: 29 May, 2019 Ruling: 29 May, 2019 Mr. Phillip Hsiung................................................................... counsel for the Crown/Applicant The Respondent Mr. Staniford did not appear ............................................................................. KENKEL J.: Introduction [ 1 ] Mr. Staniford was served with notice of the April court date as shown in the Affidavit of Service.

On that date duty counsel was contacted and they provided dates to the court on his behalf. The duty counsel lawyer signed a “green sheet” acknowledging Mr. Staniford’s availability for a hearing on today’s date. Mr. Staniford did not attend today. The matter was held down at 09:30h and was eventually addressed at 12:50h. The officer received information that initially the respondent did not wish to contest this application.

The court did not rely on that information given that this date was set after that meeting, but with the non-appearance of the respondent and the nature of the circumstances of seizure it was determined that it was necessary in the public interest to proceed ex parte as provided for in s 117.05(2) and s 803(2)(a). [ 2 ] DC Marisette testified that officers received information that Mr. Staniford had attempted self-harm with cuts to his wrists. Police confirmed that Mr. Staniford has a PAL or Possession and Acquisition License to Obtain Firearms. They found Mr. Staniford at hospital with wrist wounds.

After investigation he was apprehended under the Mental Health Act RSO 1990 c M7 . Later officers attended Mr. Staniford’s residence in Markham and seized 4 long guns as well a large amount of ammunition and his PAL. [ 3 ] Information provided to DC Marisette by the respondent’s mother indicated he suffered from mental health issues and was not complying with recommended medication. He cut himself on his wrists in an apparent suicide attempt. Order [ 4 ] I find the Crown has proved that it’s necessary on the balance of probabilities in the interest of public safety and in particular for the safety of Mr.

Staniford that an order be made under s 117.05(4)(

a) directing forfeiture to the Crown of the long guns, ammunition and the PAL firearms license. [ 5 ] The forfeiture of the long guns is subject to a 90 day period starting today May 29 th 2019 and ending August 27, 2019 during which Mr. Staniford may convey or sell the long guns only to a person licensed to receive them who does not reside with Mr. Staniford. Mr. Staniford may make arrangements with the York Regional Police for the release of the long guns to a person licensed to purchase or possess those firearms.

No firearms are to be released by the York Regional Police unless the transfer or sale is approved of in advance by DC Marisette #1546. [ 6 ] Given the accused’s medical condition, the lack of a successful history of treatment and the high degree of risk posed, I also find that it’s necessary in the interest of public safety to prohibit Mr. Staniford from possessing any firearms under s 117.05(4)(

b) for a period of 5 years.

Delivered: May 29, 2019 Justice Joseph F. Kenkel