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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 Under 164.2===
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| {|class="wikitable" style="width: 650px; background-color:white; text-align: left;"
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| ! Notice to Tender Expert Evidence
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| {{Style of Cause (164.2 Application)}}
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| {{TITLE|NOTICE OF INTENTION TO FORFEIT CERTAIN FIREARMS|(Section 117.05 of the ''Criminal Code'')}}
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| {{WHEREAS Charges}}
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| '''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"):
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| # [list of firearms]
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| '''THE APPLICANT RELIES ON THE FOLLOW GROUNDS:'''
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| # [grounds consisting of reasons for granting the relief and alleged facts]
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| # ...
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| # Any additional grounds as counsel may advise and this Honourable Court may permit.
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| '''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''
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| # [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
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| # ...
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| # Any additional evidence as counsel may advise and this Honourable Court may permit.
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| '''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
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| # An Order for [describe the type of order and terms of the order]
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| '''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''
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| In accordance with the appropriate Rules of Court,
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| {{CounselAddress}}
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| {{DATED}}
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| {{CounselSignature}}
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| {{InternalCode}}
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| |}
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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}}
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| {{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}
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| I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
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| # 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.
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| # ...
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| {{SwornSignature}}
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| {{InternalCode}}
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| |}
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| {|class="wikitable" style="width: 650px; background-color:white; text-align: left;"
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| ! Order
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| |-
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| | style="width: 50%; vertical-align: top;" |
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| {{Style of Cause (164.2 Application)}}
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| {{TITLE|ORDER OF FORFEITURE|(Pursuant to s. 164.2{{CCC}})}}
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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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|
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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 117.05 - Firearm - Public Safety===
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| * [[Precedent - Forfeiture of Property Under 117.05]] | | * [[Precedent - Forfeiture of Property Under 117.05]] |
| | | * [[Precedent - Forfeiture Under 164.2]] |
| ===Forfeiture Under 491===
| | * [[Precedent - Estreatment Application]] |
| {{seealso|Forfeiture of Weapons and Firearms#Forfeiture of Offence-related Weapons}}
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| {|class="wikitable" style="width: 650px; background-color:white; text-align: left;"
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| ! Notice of Forfeiture for Weapons and Ammunition
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| |-
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| | style="width: 50%; vertical-align: top;" |
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| {{Style of Cause (491 Application)}}
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| {{TITLE|NOTICE OF INTENTION TO FORFEIT WEAPONS AND AMMUNITION|(Section 491 of the ''Criminal Code'')}}
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| {{WHEREAS Charges}}
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| '''TAKE NOTICE''' that pursuant to section 491 of the ''Criminal Code'' the Crown seeks an order of forfeiture of the following items (the "Firearms"):
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| # [list of weapons]
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| '''THE APPLICANT RELIES ON THE FOLLOW GROUNDS:'''
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| # 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.
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| # [grounds consisting of reasons for granting the relief and alleged facts]
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| # ...
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| # Any additional grounds as counsel may advise and this Honourable Court may permit.
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| | |
| '''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''
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| # [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
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| # ...
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| # Any additional evidence as counsel may advise and this Honourable Court may permit.
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| | |
| '''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
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| | |
| # 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,
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| {{CounselAddress}}
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| {{DATED}}
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| | |
| {{CounselSignature}}
| |
| | |
| {{InternalCode}}
| |
| |}
| |
| | |
| {|class="wikitable" style="width: 650px; background-color:white; text-align: left;"
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| ! Order
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| |-
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| | style="width: 50%; vertical-align: top;" |
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| {{Style of Cause (491 Application)}}
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| {{TITLE|ORDER OF FORFEITURE|(Pursuant to s. 491)}}
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| '''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;
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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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|
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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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