Precedent - Forfeiture of Property Under 117.05: Difference between revisions

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


'''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-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]
# [list of firearms]


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


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


'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''
{{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]
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
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# Any additional evidence as counsel may advise and this Honourable Court may permit.
# Any additional evidence as counsel may advise and this Honourable Court may permit.


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


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


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


In accordance with the appropriate Rules of Court,  
In accordance with the appropriate Rules of Court,  
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==Affidavit==
==Affidavit==
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{{Style of Cause}}
{{Style of Cause (117.05 Application)}}


{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}
{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}
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==Order==
==Order==
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{{TITLE|ORDER OF FORFEITURE|(Pursuant to s. 117.05)}}
{{TITLE|ORDER OF FORFEITURE|(Pursuant to s. 117.05)}}


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


'''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-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}}


'''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-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}}


'''AND WHEREAS''' the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]:
{{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]
:1. [list items of property]
:2. ...
:2. ...


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


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


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


'''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-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}}
{{DATED}}
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Latest revision as of 10:00, 4 May 2021

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notice

See also: Forfeiture Orders
Notice of Intention to Forfeit Certain Firearms

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
 COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

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 Her Majesty the Queen in Right of [province]

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]



NOTICE OF INTENTION TO FORFEIT CERTAIN FIREARMS
(Section 117.05 of the Criminal Code)



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

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"):

  1. [list of firearms]

THE APPLICANT RELIES ON THE FOLLOW GROUNDS

  1. [grounds consisting of reasons for granting the relief and alleged facts]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

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

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

In accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: [email protected]

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]

[Internal File Coding]

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Affidavit

Affidavit

Template:Style of Cause (117.05 Application)



AFFIDAVIT OF [AFFIANT NAME]



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

  1. 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.
  2. ...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

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

Order

Order

Template:Style of Cause (117.05 Application)



ORDER OF FORFEITURE
(Pursuant to s. 117.05)



BEFORE THE HONOURABLE Justice [name of judge] at [city], [province].

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;

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;

AND WHEREAS the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]:

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

UPON the Application of Crown counsel for an order pursuant to section 164.2 of the Criminal Code;

AND UPON HEARING from Crown counsel and counsel for the accused;

AND UPON BEING SATISFIED THAT there are no other persons who are lawfully entitled to the Property;

IT IS HEREBY ORDERED THAT the Property is hereby forfeited to Her Majesty the Queen 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.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[name of title and justice]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

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