Judge Reserves Decision On Whether To Return Guns

Judge Reserves Decision On Whether To Return Guns

Thursday, August 27, 2009 at 12:14

 

 

A decision on the Art Dagenais firearms hearing won’t be made for at least five weeks.

 

Judge Daryl Labach said yesterday he is reserving his decision until Oct. 2.

 

Dagenais wants guns seized by the RCMP returned to him.

 

The Crown doesn’t want to give them back. In fact, it has applied to ban him from having guns for five years.

 

A three-day hearing on the issue ended yesterday in North Battleford Provincial Court.

 

Arthur Dagenais is the father of Curtis Dagenais, who was found guilty of killing two RCMP officers near Spiritwood on July 7, 2006.

 

Crown prosecutor Jim Taylor notes he only had to prove there’s a strong probability Art Dagenais could harm someone.

 

“It’s quite different from (the burden of proof on) a criminal charge, which is proof beyond a reasonable doubt. This is just (a question of) which side is stronger. I think the witnesses were very strong. Mr. Dagenais chose not to testify,” Taylor says.

 

Defence lawyer Garth Bendig said the RCMP breached the Charter of Rights and Freedoms by searching and seizing the guns without a warrant.

 

He said no evidence was given that Dagenais ever threatened or hurt anybody with a gun.