View source for Precedent - Extension of Detention Order (Over One Year)

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{{seealso|Extending an Initial Detention Order}}
{{seealso|Precedent - Extension of Detention Order (One Year or Less)}}

==Notice==
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! NOTICE OF APPLICATION FOR FURTHER DETENTION OF PROPERTY SEIZED (Superior Court only)

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'''IN THE MATTER OF:'''	An Application made pursuant to section 490(3) of the Criminal Code to Extend the Detention of Items Seized by Police 

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{{TITLE|NOTICE OF APPLICATION|(For Further Detention Pursuant to Section 490(3))}}

{{I-Start}}'''WHEREAS''' certain property was seized from [name] on [date] including: {{I-End}}

{{I-Start}}'''AND WHEREAS''' Police are seeking to detain this property for a further period of time exceeding one year from the date of the seizure.{{I-End}}

{{I-Start}}'''TAKE NOTICE''' that an application will be brought by the Applicant pursuant to section 490(3) of the Criminal Code at [court location] to extend the period of detention of property seized by police, for a period of time not exceeding one year from the date of seizure. {{I-End}}

; THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS:
# The alleged owner of the property must have three clear days notice of the application; 
# the justice must consider whether the "complex nature of the investigation" warrants the requested period; 

# the justice may make any "conditions" that are considered "just": 490(3)(a); and
# Any additional grounds as counsel may advise and this Honourable Court may permit.

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{{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}}

An Order for ...

{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}}

In accordance with the appropriate Rules of Court, 
{{GeneralAddress}} 

{{I-Start}}'''AND FURTHER TAKE NOTICE''' that if you are without counsel, you have a right to seek legal advice with respect to this Application.{{I-End}}

{{DATED}}

{{GeneralSignature}}

'''TO:''' []

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===Affidavit of Service===
{{AFFIDAVIT OF SERVICE}}

==Affidavit==
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! AFFIDAVIT (CHARTER)
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{{TITLE|AFFIDAVIT OF A PEACE OFFICER [AFFIANT NAME]|IN SUPPORT OF AN APPLICATION FOR AN ORDER FOR THE FURTHER DETENTION OF THINGS SEIZED made pursuant to Section 490(3) of the Criminal Code}}

I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

# I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
# I have been a peace officer with [organziation] for a period of [years] years. I am presently assigned to [name of unit] tasked with investigations [type of investigations] since [beginning of assignment];
# I am currently involved with a criminal investigation of [name accused] concerning the potential commission of offence(s) of [name of crime] contrary to s. [section]{{CCC}};
# On [date], [name of officer] applied and was granted a warrant under s. 487 to search [location]. Attached hereto is a copy of the warrant as Appendix/Exhibit [#];
# On [date], the warrant was executed. It resulted in the seizure of certain items. Then on [date], a Report to Justice was filed. The authorizing justice granted an Order of Detention. Attached hereto is a copy of the detention order as Appendix/Exhibit [#];  

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==Order==
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! ORDER OF FURTHER DETENTION

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IN THE MATTER OF items seized from [location] on [date] and detained pursuant to s. 490(1) of the ''Criminal Code of Canada''

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{{TITLE|ORDER |(Section 490(3) of the Criminal Code)}}

{{I-Start}}'''WHEREAS''' the attached Order for Detention of Things Seized was issued on the [date] for items seized on the [date] for a period [time] from the date of seizure, pursuant to sections 490(1) and (2){{CCC}}.{{I-End}}

{{I-Start}}'''AND WHEREAS''' I am satisfied that three (3) days clear notice of this Application has been provided to the Respondents.{{I-End}}

{{I-Start}}'''UPON''' reading the Affidavit of [name], dated the [date];{{I-End}}
 
{{I-Start}}'''WHEREAS''' I am satisfied that, having regard to the nature of the investigation, a further period of detention is warranted for the items listed in the attached “Report to Justice”, dated the [date];{{I-End}}			

{{I-Start}}'''IT IS HEREBY ORDERED''' that the said things be detained in the custody of the [police force], [location] until the [date], unless prior to that date:{{I-End}}
:(a)	a further detention is ordered pursuant to s. 490(3){{CCC}}, or
:(b)	proceedings are instituted in which the said things detained may be required.

{{DATED}}

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