Lawsuit Filed Against Attorney General After Neighbour’s Killing

The Canadian government granted a gun license to a man from Hamilton who had mental health issues, and he went on to kill his neighbor.

The family of the victim can now move forward with a lawsuit against the Attorney General of Canada (AGC), alleging negligence for not properly screening the individual, who was later deemed not criminally responsible (NCR) for the crime.

Mark Duckett, diagnosed with paranoid schizophrenia, was found by a court to understand that his actions were legally wrong but unable to grasp their moral implications. He was 26 when he was arrested and now resides in a forensic psychiatric facility under court supervision.

Unlike many shooting incidents in Canada involving illegal guns, Duckett obtained his Firearms Acquisition Certificate legitimately, allowing him to purchase a Glock handgun. In the early hours of the night, he used it to fatally shoot his neighbor, Nikkolas (Nikko) Sienna, 28, inside his own home.

Nikko worked as an operations manager at an auto-body repair shop. He had numerous friends and was deeply cared for by his family and long-term girlfriend.

The Sienna family chose not to comment on this story.

A lower court ruling in March dismissed the Sienna family’s $5.5-million lawsuit, stating they failed to adequately link the issuance of Duckett’s gun license with the danger posed to Nikko and his family, who lived next door and had previously experienced issues with him. The judge also indicated that the family could not modify their statement of claim.

While the Court of Appeal agreed that there wasn’t enough connection made in their statement, it ruled that the family should have another chance to revise their claim. Now with updated wording, their lawsuit can proceed based on its evidence merits.

Nikko Sienna was tragically shot in his family’s Magnolia Drive home back in 2019. His relatives are suing the Attorney General due to granting a firearm license to his killer.

The file photo

One hurdle for the Siennas is that they haven’t been able to access files related to Duckett’s firearm application says their lawyer Robert Hooper.

“Nobody knows what’s in his RCMP file,” Hooper stated.

“(The Siennas) allege that (the Attorney General of Canada) negligently failed to properly administer regulatory oversight in issuing firearms licences,” as summarized by the Court of Appeal in its ruling.

This lawsuit is expected at minimum to make public all documents connected with Duckett’s firearm application process and reveal what measures were taken or neglected regarding ensuring he could responsibly own a gun.

Additionally, it may open doors for similar lawsuits from other victims affected by gun violence where weapons were legally acquired.

Ironic as it may be noted by Hooper is that while one group directly related-such as Nikko’s family-can sue due safety concerns involving Duckett; those outside this specific circle can’t do so easily if random strangers were harmed instead. Essentially if Duckett had killed unknown individuals using his Glock pistol; it’s unlikely AGC would face any negligence claims whatsoever.

No statement of defense has yet been filed by AGC.

The lawsuit also includes names such as Duckett’s parents Paul and Annette along with members from Hamilton Police Service and three officers plus its board as defendants too.

The narrative surrounding Nikko’s death during those early morning hours on July 30th ,2019 unfolds through court documents along with articles from Spectator alongside records maintained by Ontario Review Board which oversees psychiatric care given toward Duckett.

The families lived side-by-side on Magnolia Drive located within west Mountain area.

Nikko along with partner moved into Cathy’s house which belonged originally towards her mother aiming saving up funds toward purchasing one themselves while sister resided there too.

Loved ones describe Nikko through interviews/victim impact statements portraying him simply as being clever yet humorous individual passionate about hockey detailing cars routinely; surrounded consistently friends/family.

Siennas & Ducketts exchanged pleasantries between neighbors but did not possess strong acquaintance relationship wise overall shared history together prior unfortunate incident taking place concerning them both.

Brought into Calgary via Children’s Aid Society immediately after birth whereby adopted later at age two into loving household constituted parental figures known respectively under names Paul & Annette thereafter transferred over into Ontario state around year2000 granting normal upbringing conditions according ORB reports.

Duckett attended Mohawk College achieving certificates centered heating/cooling systems intermittently working jobs mainly preferring solitude emphasized ORB accounts documenting employment status revealed functioning predominantly individually without social engagement pursuits available during timeframe leading ultimately unto tragic events occurring around time frame represented hereafter occurring incident occurred pertaining homicide case itself.

At time surrounding fatality event saw him employed installing fireplaces regularly preceding unfortunate tragedy striking entire neighborhood impacted fundamentally ; forensic psychiatrists assessed declining signs exhibited beginning onset schizophrenia stemming since approximately calendar year2014 followed apparent escalation signs exacerbated mainly additional two-year period culminating ahead actual day shooting resulting performance induced paranoia combined auditory hallucinations reported increasingly frequently noted instances outlined above throughout documentation collected pertaining relevant case materials referenced herein below onward subsequent discussions taking place henceforth listed:

Никко Сьенна из Магнолия Драйв был смертельно ранен его психически больным соседом , который законно владел пистолетом. file photo

Sometimes he screamed within room often throwing himself down onto ground whereas lacked receiving any treatment whatsoever regarding condition suffered actively present day treatment ongoing processes remains documented effectively handled until recently initiated positively progressing due intervention methods undertaken enhancing capabilities providing insight enhancing understanding leading forth successfully attaining gradual improvements enabling stability associated circumstances permitting higher functionality levels appropriate living arrangements considered potentially viable options long term goals going forward proceeding further stages operating within framework established collaboratively throughout therapeutic avenues explored subsequently yielding fruitful results reported regularly indicating heightened awareness garnered progressive insight gained accordingly reflecting upon preceding historical context established since initial evaluations conducted earlier highlighted challenges faced recurrently traced rooted history wherein periods marked significant fluctuations trends observed consistency illustrated diagnostic parameters evolving complexity shapes following trajectory charted retrospectively described advancements recorded continuing evolution displayed therein reflecting adjustments noted down tracked particularly emphasizing points raising concerns fluctuating states evident including increasing stressors correlated linked various life events arising challenging setbacks emerging thereby influencing psychological health state fluctuating dimensions requiring careful monitoring maintaining appropriate balance safeguard future progress sustainable growth perceived aligning optimal endeavors aimed realigning objectives seeking stable outcomes consistent improvement benchmarks achieved accorded achieved benchmark priorities prescribed aligned institutional frameworks governing structures established protocols guiding best practices 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