Precedent - Consent to Forfeit Property: Difference between revisions

Latest revision as of 14:00, 27 April 2021

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Notice

Consent to Forfeiture of Property
CONSENT TO THE FORFEITURE OF DETAINED PROPERTY UNDER SECTION 490 (9) OF THE CRIMINAL CODE I, [insert name], of [address] am the exclusive owner of the the followings property seized on [date] and is subject to a detention order (hereinafter "property "): [list items including exhibit # and description] I UNDERSTAND that the Crown is of the view that the property cannot be lawfully possessed as it is tainted by criminality and therefore must be forfeited. AND I UNDERSTAND that I am entitled to a reasonable opportunity to consult with counsel to provide legal advice in this matter and that I have the right to contest any application for the forfeiture of the property before a judge or justice. I CONSENT, for the purpose of s. 490(9) of the Criminal Code, to the property being forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law. _____________________________ (signature of owner of property) _____________________________ (address) _____________________________ (witness) _____________________________ (date)

@@ Line 9: / Line 9: @@
 <br><hr><br>
-<center>CONSENT FOR THE HOLDING OF PROPERTY SECTION 490 (3.1) OF THE CRIMINAL CODE</center>
+<center><B>CONSENT TO THE FORFEITURE OF DETAINED PROPERTY UNDER SECTION 490 (9) OF THE ''CRIMINAL CODE''</b></center>
 <br><hr><br>
-I, [insert name], of [address] am the exclusive owner of the the followings property seized on [date] and subject to a detention order (hereinafter "property "):
+I, [insert name], of [address] am the exclusive owner of the the followings property seized on [date] and is subject to a detention order (hereinafter "property "):
-[list items]
+* [list items including exhibit # and description]
-'''I UNDERSTAND''' that the Crown is of the view that the property cannot be lawfully possesses as it is tainted by criminality and therefore must be forfeited.
+'''I UNDERSTAND''' that the Crown is of the view that the property cannot be lawfully possessed as it is tainted by criminality and therefore must be forfeited.
 '''AND I UNDERSTAND''' that I am entitled to a reasonable opportunity to consult with counsel to provide legal advice in this matter and that I have the right to contest any application for the forfeiture of the property before a judge or justice.
-'''I CONSENT''', for the purpose of s. 490(9){{CCC}}, to the property be forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.
+'''I CONSENT''', for the purpose of s. 490(9){{CCC}}, to the property being forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.
 _____________________________<br>
-(signature of lawful owner and/or
+(signature of owner of property)
-person lawfuly entitled to possession)