Judge Kymil Howe was supposed to give her decision on an application by the Royal Canadian Mounted Police seeking a firearms prohibition against Robert Park on Thursday.
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The application seeks two types of relief — an order prohibiting Park from possessing firearms for five years and disposition of the firearms seized when he was arrested following a standoff at his home in McIvers in February 2017.
Park was found not criminally responsible for his crimes in August 2017 and is currently at the Waterford Hospital in St. John’s. He appeared via videoconference from there for the court appearance.
Howe said the disposition of the firearms appeared to be the most contentious aspect of the matter at the hearing of the application in May.
She said during the hearing counsel referenced sections 115 and 490 of the Criminal Code of Canada.
After looking at a case provided by defence lawyer Gary Kearney and doing further research, Howe said it appeared to her it was a case where section 491 (1.b.) would be appropriate.
Before making a determination on what would happen with the firearms she asked the Crown and defence to make some submission as to why section 491 isn’t applicable in the case and provided them with some information to review.
The matter was set over to July 13. If they wish to the Crown and defence can make submissions at that time.
