View source for Precedent - Forfeiture of Property Under Section 490.1

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==Forfeiture Under 490.1==
{{seealso|Forfeiture of Offence-related Property}}

===Notice of Application===
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! Notice of Forfeiture of Offence-Related Property
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{{Style of Cause Header}}

'''IN THE MATTER OF''' an Application by the Attorney General of [province] for an Order pursuant to section 490.1(1) of the ''Criminal Code'', ordering that property seized by [police force] from [location or person] on [date] at [address] be forfeited to {{HMTK}} in Right of [province]

{{Style of Cause Between}}

{{TITLE|NOTICE OF INTENTION TO FORFEIT OFFENCE-RELATED PROPERTY|(Section 490.1 of the ''Criminal Code'')}}

{{WHEREAS Charges}}

{{I-Start}}'''TAKE NOTICE''' that pursuant to section 490.1 of the ''Criminal Code'' the Crown seeks an order of forfeiture of the following items (the "Property"):{{I-End}}
# [list of weapons]

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

# Section 490.1(1) authorizes a court to order the forfeiture of certain detained property that was "offence-related property" involving one or more indictable offences currently before the court.
# [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}}

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===Order===
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! Order
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{{Style of Cause Header}}

'''IN THE MATTER OF''' an Application by the Attorney General of [province] for an Order pursuant to section 490.1(1) 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|ORDER OF FORFEITURE (OFFENCE-RELATED PROPERTY)|(Pursuant to s. 490.1(1))}}

{{I-Start}}'''BEFORE THE HONOURABLE''' Justice/Judge [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. 491] 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 490.1(1) of the ''Criminal Code'' for the Property; {{I-End}}

{{I-Start}}'''AND UPON HEARING''' from Crown counsel and counsel for the accused who claims to be the owner at the times of the seizures;{{I-End}}

{{I-Start}}'''AND UPON BEING SATISFIED THAT''' the accused was the lawful owner of the property at the time of seizure and there are no other persons who are lawfully entitled to the Property;{{I-End}}

{{I-Start}}'''AND UPON BEING SATISFIED THAT''' the Property is “offence-related property” within the meaning of s. 2 of the ''Criminal Code'' and the property relates to the offence(s) before this court;{{I-End}}

{{I-Start}}'''IT IS HEREBY ORDERED THAT''' the Property is hereby forfeited to {{HMTK}} in Right of [province] pursuant to section 490.1(1) 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>

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