Extension of Detention Order (Over One Year) (Precedent)

• < Precedents, Court Forms and Checklists
• < Precedents

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

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 made pursuant to section 490(3) of the Criminal Code to Extend the Detention of Items Seized by Police

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

---

NOTICE OF APPLICATION
(For Further Detention Pursuant to Section 490(3))

---

WHEREAS certain property was seized from [name] on [date] including:

AND WHEREAS Police are seeking to detain this property for a further period of time exceeding one year from the date of the seizure.

TAKE NOTICE that an application will be brought by the Applicant pursuant to section 490(3) of the Criminal Code at [court location] to extend the period of detention of property seized by police, for a period of time not exceeding one year from the date of seizure.

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS

1. The alleged owner of the property must have three clear days notice of the application;
2. the justice must consider whether the "complex nature of the investigation" warrants the requested period;

1. the justice may make any "conditions" that are considered "just": 490(3)(a); and
2. Any additional grounds as counsel may advise and this Honourable Court may permit.

THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS:

1. [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances]
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:

An Order for ...

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]

AND FURTHER TAKE NOTICE that if you are without counsel, you have a right to seek legal advice with respect to this Application.

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

_________________________________
[Applicant's name]
[Applicant's title]

TO: []

[Internal File Coding]

|} <gdoc id="1CM1vErzQff4_9PJ2v4ENkpA67rmZAmuvLhyI3c4ZJAg" width="750" height="1000" />

Affidavit of Service

Affidavit of Service

AFFIDAVIT OF SERVICE I, ________________________________ of ___________________________________ of [city], in the [region], Province of [province], did on the _________ day of [month], 20___, serve [name of accused], this Notice of Application in person at ________________________________, Province of [province], OR [name of accused] accepted service of the Notice of Hearing on behalf of ____________________________ ________________________ Peace Officer SWORN/AFFIRMED TO at [city], in the region of [region], Province of [province], this [day] day of [month], 20____, before me: ________________________________ Commissioner of Oaths/Justice of the Peace for the province of [province] ) ) ) ) ) ) _____________________________ ) [Affiant Name] ) [Affiant title] )

Affidavit

Style of cause  

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

---

AFFIDAVIT OF A PEACE OFFICER [AFFIANT NAME]
IN SUPPORT OF AN APPLICATION FOR AN ORDER FOR THE FURTHER DETENTION OF THINGS SEIZED made pursuant to Section 490(3) of the Criminal Code

---

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

1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
2. I have been a peace officer with [organziation] for a period of [years] years. I am presently assigned to [name of unit] tasked with investigations [type of investigations] since [beginning of assignment];
3. I am currently involved with a criminal investigation of [name accused] concerning the potential commission of offence(s) of [name of crime] contrary to s. [section] of the Criminal Code;
4. On [date], [name of officer] applied and was granted a warrant under s. 487 to search [location]. Attached hereto is a copy of the warrant as Appendix/Exhibit [#];
5. On [date], the warrant was executed. It resulted in the seizure of certain items. Then on [date], a Report to Justice was filed. The authorizing justice granted an Order of Detention. Attached hereto is a copy of the detention order as Appendix/Exhibit [#];

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="1KSHB7THvtP1XeDhoNikOYA55BczhTya9QJUDSQnCbeQ" width="750" height="1000" />

Order

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

IN THE [LEVEL OF COURT] OF [PROVINCE]

IN THE MATTER OF items seized from [location] on [date] and detained pursuant to s. 490(1) of the Criminal Code of Canada

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

---

ORDER
(Section 490(3) of the Criminal Code)

---

WHEREAS the attached Order for Detention of Things Seized was issued on the [date] for items seized on the [date] for a period [time] from the date of seizure, pursuant to sections 490(1) and (2) of the Criminal Code.

AND WHEREAS I am satisfied that three (3) days clear notice of this Application has been provided to the Respondents.

UPON reading the Affidavit of [name], dated the [date];

WHEREAS I am satisfied that, having regard to the nature of the investigation, a further period of detention is warranted for the items listed in the attached “Report to Justice”, dated the [date];

IT IS HEREBY ORDERED that the said things be detained in the custody of the [police force], [location] until the [date], unless prior to that date:

(a) a further detention is ordered pursuant to s. 490(3) of the Criminal Code, or

(b) proceedings are instituted in which the said things detained may be required.

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

|}

<gdoc id="14-Ot9nPlJvlSnDFzlVtdg5zN4-KEU5ddCfutB_vANQs" width="750" height="1000" />