View source for Precedent - Forfeiture of Property Under 117.05

{{HeaderTemplates}}
{{Precedent Terms of Use}}

==Notice==
{{seealso|Forfeiture Orders}}

{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Notice of Intention to Forfeit Certain Firearms 
|-
| style="width: 50%; vertical-align: top;" |

{{Style of Cause Header}}

'''IN THE MATTER OF''' an Application by the Attorney General of [province] for an Order pursuant to section 117.05 of the ''Criminal Code'', ordering that property seized by [police force] from [location or person] on [date] at [address] be forfeited to {{HMTQ}} in Right of [province]

{{Style of Cause Between}}

{{TITLE|NOTICE OF INTENTION TO FORFEIT CERTAIN FIREARMS|(Section 117.05 of the ''Criminal Code'')}}

{{WHEREAS Charges}}

{{I-Start}}'''TAKE NOTICE''' that pursuant to section 117.05 of the ''Criminal Code'' the Crown seeks an order of forfeiture of the following items (the "Firearms"):{{I-End}}
# [list of firearms]

{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS'''{{I-End}}

# [grounds consisting of reasons for granting the relief and alleged facts]
# ...
# Any additional grounds as counsel may advise and this Honourable Court may permit.

{{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}}

# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# ...
# Any additional evidence as counsel may advise and this Honourable Court may permit.

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

# An Order for [describe the type of order and terms of the order]

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

In accordance with the appropriate Rules of Court, 
{{CounselAddress}}
{{DATED}}

{{CounselSignature}}

{{InternalCode}}
|}

<gdoc id="1Zh5lffPofHpKc-RNBghqGsK3SdeuUKwYdPc7O5loanY" width="750" height="1000" />

==Affidavit==

{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Affidavit
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (117.05 Application)}}

{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}

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

# I am the [relationship to case] herein and have personal knowledge of the matters and facts herein deposed to, except where stated to be based on information and belief, in which case I do verily believe the same to be true.
# ...
{{SwornSignature}}

{{InternalCode}}
|}

<gdoc id="1eqv-_LZ0rlVfgQbWPOMSk1A1_mND5RN-LaZh3qsihng" width="750" height="1000" />

==Order==

{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Order
|-
| style="width: 50%; vertical-align: top;" |

{{Style of Cause (117.05 Application)}}

{{TITLE|ORDER OF FORFEITURE|(Pursuant to s. 117.05)}}

{{I-Start}}'''BEFORE THE HONOURABLE''' Justice [name of judge] at [city], [province]. {{I-End}}

{{I-Start}}'''WHEREAS''' the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;{{I-End}}

{{I-Start}}'''AND WHEREAS''' the accused, [accused name], has pleaded or been found guilty of one or more charges that include offences contrary to section(s) [list sections that are eligible under s. 164.2] of the ''Criminal Code'';{{I-End}}

{{I-Start}}'''AND WHEREAS''' the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]:{{I-End}}

:1. [list items of property]
:2. ...

{{I-Start}}'''UPON''' the Application of Crown counsel for an order pursuant to section 164.2 of the ''Criminal Code''; {{I-End}}

{{I-Start}}'''AND UPON HEARING''' from Crown counsel and counsel for the accused;{{I-End}}

{{I-Start}}'''AND UPON BEING SATISFIED THAT''' there are no other persons who are lawfully entitled to the Property;{{I-End}}

{{I-Start}}'''IT IS HEREBY ORDERED THAT''' the Property is hereby forfeited to {{HMTQ}} in Right of [Province] pursuant to section 164.2 of the ''Criminal Code'' to be disposed of as the Attorney General of [province] directs or otherwise dealt with in accordance with the law.{{I-End}}
                                                                       
{{DATED}}

<span style="display:inline-block; width: 300px;"></span>_____________________________<br>
<span style="display:inline-block; width: 300px;"></span>[name of title and justice]<br>

{{CarbonCopy}}

{{InternalCode}}

|}

<gdoc id="1Kk0J7jd6u-0x_GMrpfr7TM6XtzRdu6JyhgIrlQkvWSM" width="750" height="1000" />