Precedent - Forfeiture of Property Under 117.05: Difference between revisions
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{{Style of Cause | {{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
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Notice
Notice of Intention to Forfeit Certain Firearms |
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C A N A D A File# ________________ 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 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"):
THE APPLICANT RELIES ON THE FOLLOW GROUNDS
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
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Affidavit
Affidavit |
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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:
[Internal File Coding] |
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Order
Order |
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Template:Style of Cause (117.05 Application) ORDER OF FORFEITURE 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]:
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___. _____________________________ [Internal File Coding] |
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