The man involved in a week-long standoff with police in Bay Bulls in 2010 was released from custody this past weekend ahead of schedule.
Leo Crockwell went free over the weekend following a victory in court on Thursday, after a judge decided he should be let out of jail before the calculated May 2014 date.
The Justice Department said in a statement on Monday that it filed an appeal of the judge's decision, and wanted Crockwell to stay in custody while the matter was ongoing.
However, the request for a stay was denied and Crockwell was released.
The province said it intends to pursue its appeal.