Wife nuts/ guns gone

REPLY FROM LAWYER RE ASKING HIM BOUT DISPOSITION

An order of disposition? What is that? When a person is acquitted I have never heard of any need to request any order. If there had been a conviction on one of the violent offences the Crown could have sought a forfeiture order, which is a form of disposition, I guess. Who is giving you this information?

I am away until next Tuesday, so any meeting will have to be after that.


THIS SIMPLY SOUL IS A DEFENSE ATTORNEY HERE AND PART TIME CROWN IN OTTAWA

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Originally Posted by standup

REPLY FROM LAWYER RE ASKING HIM BOUT DISPOSITION

An order of disposition? What is that? When a person is acquitted I have never heard of any need to request any order. If there had been a conviction on one of the violent offences the Crown could have sought a forfeiture order, which is a form of disposition, I guess. Who is giving you this information?

I am away until next Tuesday, so any meeting will have to be after that.


THIS SIMPLY SOUL IS A DEFENSE ATTORNEY HERE AND PART TIME CROWN IN OTTAWA

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In your case. It was property seized as part of a criminal charge, which has had a verdict entered. However the Judge must issue an order to have property returned.

If the police are holding them due to possible issues within the home, they need to show cause why they can retain them. But be very cognizant of the 30 day provision.

Section 490 governs the procedure for detaining property seized under s. 489 or 489.1, including obtaining the approval of justice to detain the property for a period of time.
An order can be made by a justice of the peace to allow the police to detain property under s.490(1):

irearms[edit]
Exigent Circumstances[edit]
Under s.117.02, an officer believes that a firearm or related item[1] "was used in the commission of an offence" or where there was, or is ongoing, an offence where the subject-matter is a firearm or related item[2] and the officer believes the item "is likely to be found on a person, in a vehicle or in any place or premises other than a dwelling-house", then the officer may search the premises or person without a warrant, so long as it under exigent circumstances where it "would not be practicable to obtain a warrant".[3]
Jump up ↑ a prohibited device, any ammunition, any prohibited ammunition or an explosive substance
Jump up ↑ firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance
Jump up ↑ see also s 487, 487.11
Failure to Produce Authorization[edit]
Under s. 117.03, where a person is found in possession of a firearm or related items and cannot produce the appropriate documents authorizing them to possess it, an officer may seize the items. If the proper documentation is produced within 14 days, the officer must return the items seized. If 14 days pass without producing the authorization, the officer may apply to the court to have the firearm forfeited.
Danger to self or public[edit]
Under s.117.04, an officer may seize a firearm from someone in lawful possession of it where the officer believes he may pose a danger to themselves or the public. A warrant is required unless there are exigent circumstances such that "by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant".(s. 117.04(2))
Under s.117.05, the officer may apply to forfeit the firearm after 30 days where it can be established that forfeiture is in the "interests of the safety of the person". (see Canadian_Criminal_Sentencing/Ancillary_Orders/Forfeiture#interests_of_the_safety)

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Originally Posted by standup

REPLY FROM LAWYER RE ASKING HIM BOUT DISPOSITION

An order of disposition? What is that? When a person is acquitted I have never heard of any need to request any order. If there had been a conviction on one of the violent offences the Crown could have sought a forfeiture order, which is a form of disposition, I guess. Who is giving you this information?

I am away until next Tuesday, so any meeting will have to be after that.


THIS SIMPLY SOUL IS A DEFENSE ATTORNEY HERE AND PART TIME CROWN IN OTTAWA

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The guy sounds like an arrogant goof,but,that's just my opinion. He should have addressed the matter in Court. Contact the Police,tell them you want to pick up your property,including your PAL and ask when to attend the detachment. I can't see them being a**holes about it,but,if they do,be respectful....even if it PO's you to no end. Keep us posted.

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Originally Posted by trimmer21

The guy sounds like an arrogant goof,but,that's just my opinion. He should have addressed the matter in Court. Contact the Police,tell them you want to pick up your property,including your PAL and ask when to attend the detachment. I can't see them being a**holes about it,but,if they do,be respectful....even if it PO's you to no end. Keep us posted.

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The arrogant goof got me off 8 alleged domestics and 4 alleged firearms in front of robert selkirl the most miserable assault/firearms judge in the ottawa valley so I dunno

PS already left a note for investigating officer to that end

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Originally Posted by standup

The arrogant goof got me off 8 alleged domestics and 4 alleged firearms in front of robert selkirl the most miserable assault/firearms judge in the ottawa valley so I dunno

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Originally Posted by standup

PS already left a note for investigating officer to that end

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Good! That's a start. Read BBD's post. It's factual and very important.

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Originally Posted by 3Wheelerdude

I can tell you that I have been through a divorce and at renewal time they did not even contact my ex....

I figured that they had nothing against me so there was no need to speak to past relationships.

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I think they will given the cfo knows of the charges as i spoke with her today

BTW does anyone have further experience with the cfo from west ottawa area? Sally (forget last name)

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Originally Posted by standup

BTW does anyone have further experience with the cfo from west ottawa area? Sally (forget last name)

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I thought there was only one Chief Firearms Officer for all of Ontario, they are out of Orillia.

Anytime I have called them they have been really good and very accommodating, including details around a death in the family and working with a non-firearms owner who was the Executor of the Estate.

It won't be a CFO that has the guns. Many police detachments have a Firearms Officer. That will likely be whom you're dealing with.