Forfeiture of Property (Precedent): Difference between revisions

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{{HeaderTemplates}}
{{HeaderTemplates}}
{{Precedent Terms of Use}}
==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 Under Section 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]]
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause}}
 
{{TITLE|FORFEITURE ORDER|(Section [section for foreiture])}}
 
|-
! Affidavit
|-
|
 
|-
! Order
|-
|
 
 
'''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] 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. ...
 
'''AND WHEREAS''' the Property was the subject of a lawful Detention Order pursuant to s. 489 of the Criminal Code.
 
'''UPON''' the Application of Crown counsel for an order pursuant to section 490(9) of the ''Criminal Code'';
 
'''AND UPON HEARING''' from Crown counsel and counsel for the accused;
 
'''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;
 
'''AND UPON BEING SATISFIED THAT''' the Property is tainted by criminality;
 
'''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.
                                                                     
{{DATED}}
 
<span style="display:inline-block; width: 300px;"></span>_____________________________<br>
<span style="display:inline-block; width: 300px;"></span>[name of title and justice]<br>
 
{{CarbonCopy}}
 
{{InternalCode}}
 
|}
 
===Forfeiture Under 164.2===
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Notice to Tender Expert Evidence
|-
| style="width: 50%; vertical-align: top;" |
 
{{Style of Cause (164.2 Application)}}
 
{{TITLE|NOTICE OF INTENTION TO FORFEIT CERTAIN FIREARMS|(Section 117.05 of the ''Criminal Code'')}}
 
{{WHEREAS Charges}}
 
'''TAKE NOTICE''' that pursuant to section 164.2 of the ''Criminal Code'' the Crown seeks an order of forfeiture of the following items (the "Firearms"):
# [list of firearms]
 
'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS:'''
 
# [grounds consisting of reasons for granting the relief and alleged facts]
# ...
# 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:'''
 
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# ...
# Any additional evidence as counsel may advise and this Honourable Court may permit.
 
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
 
# 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,
{{CounselAddress}}
{{DATED}}
 
{{CounselSignature}}
 
{{InternalCode}}
|}
 
 
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Order
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause}}
 
{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}
 
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
 
# 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.
# ...
{{SwornSignature}}
 
{{InternalCode}}
|}
 
 
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Order
|-
| style="width: 50%; vertical-align: top;" |
 
{{Style of Cause (164.2 Application)}}
 
{{TITLE|ORDER OF FORFEITURE|(Pursuant to s. 164.2{{CCC}})}}
 
'''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 {{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.
                                                                     
{{DATED}}
 
<span style="display:inline-block; width: 300px;"></span>_____________________________<br>
<span style="display:inline-block; width: 300px;"></span>[name of title and justice]<br>
 
{{CarbonCopy}}
 
{{InternalCode}}
 
|}
 
===Forfeiture Under 117.05 - Firearm - Public Safety===
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Notice to Tender Expert Evidence
|-
| style="width: 50%; vertical-align: top;" |
 
{{Style of Cause (117.05 Application)}}
 
{{TITLE|NOTICE OF INTENTION TO FORFEIT CERTAIN FIREARMS|(Section 117.05 of the ''Criminal Code'')}}
 
{{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"):
# [list of firearms]
 
'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS:'''
 
# [grounds consisting of reasons for granting the relief and alleged facts]
# ...
# 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:'''
 
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# ...
# Any additional evidence as counsel may advise and this Honourable Court may permit.
 
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
 
# 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,
{{CounselAddress}}
{{DATED}}
 
{{CounselSignature}}
 
{{InternalCode}}
|}
 
 
 
 
 
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Order
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause}}
 
{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}
 
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
 
# 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.
# ...
{{SwornSignature}}
 
{{InternalCode}}
|}
 
 
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Order
|-
| style="width: 50%; vertical-align: top;" |
 
{{Style of Cause (117.05 Application)}}
 
{{TITLE|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 {{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.
                                                                     
{{DATED}}
 
<span style="display:inline-block; width: 300px;"></span>_____________________________<br>
<span style="display:inline-block; width: 300px;"></span>[name of title and justice]<br>
 
{{CarbonCopy}}
 
{{InternalCode}}
 
|}
 
===Forfeiture Under 491===
{{seealso|Forfeiture of Weapons and Firearms#Forfeiture of Offence-related Weapons}}
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Notice of Forfeiture for Weapons and Ammunition 
|-
| style="width: 50%; vertical-align: top;" |
 
{{Style of Cause (491 Application)}}
 
{{TITLE|NOTICE OF INTENTION TO FORFEIT WEAPONS AND AMMUNITION|(Section 491 of the ''Criminal Code'')}}
 
{{WHEREAS Charges}}
 
'''TAKE NOTICE''' that pursuant to section 491 of the ''Criminal Code'' the Crown seeks an order of forfeiture of the following items (the "Firearms"):
# [list of weapons]
 
'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS:'''
 
# Section 491 authorizes a court to order the forfeiture of certain detained weapons, ammunition and related items that were "used in the commission of an offence", were "involve[d]" in the commission of an offence, or offences for which the "subject-matter" was the items.
# [grounds consisting of reasons for granting the relief and alleged facts]
# ...
# 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:'''
 
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# ...
# Any additional evidence as counsel may advise and this Honourable Court may permit.
 
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
 
# 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,
{{CounselAddress}}
{{DATED}}
 
{{CounselSignature}}
 
{{InternalCode}}
|}
 
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Order
|-
| style="width: 50%; vertical-align: top;" |
 
{{Style of Cause (491 Application)}}
 
{{TITLE|ORDER OF FORFEITURE|(Pursuant to s. 491)}}
 
'''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 {{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.
                                                                     
{{DATED}}
 
<span style="display:inline-block; width: 300px;"></span>_____________________________<br>
<span style="display:inline-block; width: 300px;"></span>[name of title and justice]<br>
 
{{CarbonCopy}}
 
{{InternalCode}}
 
|}
 
==Estreatment==

Latest revision as of 21:30, 23 December 2024

PRECEDENT TERMS OF USE

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

Forfeiture

See also: Forfeiture Orders
Retrieved from "https://criminalnotebook.ca/index.php?title=Forfeiture_of_Property_(Precedent)&oldid=97008"