Winnipeg police destroyed seized guns that judge ordered to auction, lawsuit alleges

A Winnipeg man suing the city and police alleges some guns seized from his home over three years ago were destroyed despite a judge's order to send them to auction.

Winnipeg police destroyed over $50,000 worth of firearms that were part of an extensive firearm collection seized from Andrew Krywonizka's Windsor Park home, says a statement of claim filed at the Manitoba Court of King's Bench on Friday.

Krywonizka, 46, was arrested and charged with 70 weapons-related offences in October 2019.

Police said they took 73 firearms, including fully automatic, prohibited, unregistered and restricted guns, more than 10,000 rounds of ammunition, about 40 prohibited high-capacity magazines, numerous exploding targets and pyrotechnics and two body armour pieces from his home.

Some of Krywonizka's firearms were forfeited to prosecutors, but provincial court Judge Mary Kate Harvie ordered some be sent to auction, the lawsuit says.

An auctioneer who contacted police to get the firearms was told that they would not be released until an appeal by prosecutors was handled.

The auctioneer contacted police again in early 2023, months after the Crown's appeal was dismissed, but did not receive a meaningful response, the lawsuit says.

Months later, Krywonizka learned police had destroyed all of his seized firearms, but he didn't find out specifically who destroyed them or why, the suit says.

None of the allegations have been proven in court. A statement of defence has not yet been filed.

A Winnipeg police spokesperson told CBC News that they were unaware of the lawsuit and declined to comment. A city spokesperson also declined to comment.

Krywonizka's lawsuit does not specify how many or what kind of guns were allegedly destroyed by police, but says they would have sold for more than $50,000 collectively if they had made it to auction.

Krywonizka's seeking an unspecified amount of general and special damages.

Gun fascination 'morphed'

Police searched his home after Canadian border agents notified them that they'd seized a suppressor — also known as a silencer, used to muffle the sound of gunshots — in July 2019.

Court heard that Krywonizka was diagnosed with autism spectrum disorder after his arrest.

A doctor told the court that Krywonizka gained a sense of comfort from his various collections, which also included model trains, rare books and Lego, and that they were a compulsive method of managing his anxiety.

"What began as a passionate interest in studying and acquiring firearms morphed into criminal conduct," Harvie wrote in her October 2021 sentencing decision for Krywonizka.

He was deemed a low-risk to reoffend and was not considered dangerous to the community.

Kevin Toyne, the lawyer representing Krywonizka, declined to comment on the lawsuit.