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| {{HeaderTemplates}} | | {{HeaderTemplates}} |
| | {{Precedent Terms of Use}} |
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| ==Forfeiture== | | ==Forfeiture== |
| {{seealso|Forfeiture Orders}} | | {{seealso|Forfeiture Orders}} |
| | | * [[Precedent - Forfeiture of Property Under Section 490(9)]] |
| | | * [[Precedent - Forfeiture of Property Under Section 490.1]] |
| ===Forfeiture (s. 490(9))===
| | * [[Precedent - Forfeiture of Property Under 117.05]] |
| {|class="wikitable" style="width: 650px; background-color:white; text-align: left;"
| | * [[Precedent - Forfeiture Under 164.2]] |
| ! NOTICE OF APPLICATION
| | * [[Precedent - Estreatment Application]] |
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| {{Style of Cause}}
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| {{TITLE|FORFEITURE ORDER|(Section [section for foreiture])}}
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| ! Affidavit
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| ! Order
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| '''BEFORE THE HONOURABLE''' Justice [name of judge] at [city], [province].
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| '''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'';
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| '''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] of the ''Criminal Code'';
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| '''AND WHEREAS''' the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]:
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| :1. [list items of property]
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| :2. ...
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| '''AND WHEREAS''' the Property was the subject of a lawful Detention Order pursuant to s. 489 of the Criminal Code.
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| '''UPON''' the Application of Crown counsel for an order pursuant to section 490(9) of the ''Criminal Code'';
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| '''AND UPON HEARING''' from Crown counsel and counsel for the accused;
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| '''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;
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| '''AND UPON BEING SATISFIED THAT''' the Property is tainted by criminality;
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| '''IT IS HEREBY ORDERED THAT''' the Property is hereby forfeited to {{HMTQ}} in Right of [Province] pursuant to section 490(9){{CCC}} to be disposed of as the Attorney General of [province] directs or otherwise dealt with in accordance with the law.
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| {{DATED}}
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| <span style="display:inline-block; width: 300px;"></span>_____________________________<br>
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| <span style="display:inline-block; width: 300px;"></span>[name of title and justice]<br>
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| {{CarbonCopy}}
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| {{InternalCode}}
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| |}
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| ===Forfeiture Under 164.2===
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| {|class="wikitable" style="width: 650px; background-color:white; text-align: left;"
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| ! Order
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| {{Style of Cause (164.2 Application)}}
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| {{TITLE|ORDER OF FORFEITURE|(Pursuant to s. 164.2)}}
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| '''BEFORE THE HONOURABLE''' Justice [name of judge] at [city], [province].
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| '''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;
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| '''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'';
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| '''AND WHEREAS''' the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]:
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| :1. [list items of property]
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| :2. ...
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| '''UPON''' the Application of Crown counsel for an order pursuant to section 164.2 of the ''Criminal Code'';
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| '''AND UPON HEARING''' from Crown counsel and counsel for the accused;
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| '''AND UPON BEING SATISFIED THAT''' there are no other persons who are lawfully entitled to the Property;
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| '''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.
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| {{DATED}}
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| <span style="display:inline-block; width: 300px;"></span>_____________________________<br>
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| <span style="display:inline-block; width: 300px;"></span>[name of title and justice]<br>
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| {{CarbonCopy}}
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| {{InternalCode}}
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| |}
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| ==Estreatment==
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