Seized guns returned to owner
Sixteen months after seizing guns from an Okanagan Falls man’s house in the wake of a domestic dispute that never resulted in charges, the RCMP have finally agreed to return the firearms to their owner.
On behalf of the RCMP, the Attorney General of Canada agreed through a consent order signed Dec. 11 in B.C. Supreme Court in Penticton to return 11 guns and two cross-bows to Michael Rupert.
“My client’s obviously very happy,” Don Skogstad, a Penticton lawyer who put his practice on hiatus shortly after winning Rupert’s case, said Friday.
“All I can tell you about that order is it’s one half of the solution. That’s all I can tell you.”
According to Rupert’s initial court petition, which was filed in October 2020, two locked safes containing guns, ammunition and accessories were taken by Mounties from his home on Aug. 14, 2019, after officers were called to an incident there “that arose out of an altercation between (Rupert) and his then-spouse.
“Firearms were not involved in this incident or in any other incident between the petitioner and
his then-spouse.”
While the Crown initially sought a peace bond between Rupert and his former spouse, the Crown later stayed the matter in December 2019, bringing the case to a close without a peace bond or charges.
But without Rupert’s knowledge, an RCMP officer in September 2019 was able to obtain a provincial court order from a judicial justice of the peace forfeiting the gun safes and contents to the Crown.
Rupert, who’s described as a businessman in the petition, only learned about the order after spending “months” asking the RCMP to return his property once the court case was concluded.
“To be clear, this forfeiture took place without any notice, before any adjudication had been made on the petitioner’s case before the courts, and without merit as the firearms were not involved in this or any other incident,” states the petition.
It goes on to note Rupert “was and is at all times a licensed firearms holder and a hunting permit holder. His firearms were safely stored.”
Skogstad said he doesn’t fault the RCMP exhibit clerk who sought permission to dispose of the guns to make room for more items, but does fault the force for not notifying his client.
“If I’d seen this, I’d have said, ‘Hold on, this isn’t a criminal charge and guns weren’t involved,’” added Skogstad.
He’s uncertain how many other people have been denied due process in getting back seized items, but hopes Rupert’s case will serve as a good reminder for justices of the peace when asked to authorize destruction of personal property.
“I don’t think there’s enough supervision of the justices by the judges, and I think this will go a long way to that end,” said Skogstad.
Mounties declined to discuss specifics of the case Friday.
“Penticton RCMP will not be commenting on this matter outside of affirming that the firearms were seized under provisions of the Criminal Code, traversed the necessary justice and court processes, then eventually returned,” Staff Sgt. Bob Vatamaniuck said in an email.