Detention Order (Precedent)

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

Initial Detention 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: An Application made pursuant to section 490(1), (2) of the Criminal Code to thing(s) detained by Police

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INITIAL ORDER TO DETAIN

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I ORDER that pursuant to s. 490(1), (2) that:

• ☐ the things set out in Form 5.2 (report to justice) (attached)

for a period not exceeding: _________

unless before the expiration of that period:

• a justice is satisfied on application, that having regard to the nature of the investigation, their further detention for a period is warranted and they so order; or
• proceedings are instituted in which the thing(s) detained may be required.

I ORDER that the thing(s) detained be held in the custody of ___________________________ at ____________________ and that ____________________ is to take reasonable care to ensure that the thing(s) detained are preserved until the conclusion of any investigation(s) or until it is required to be provided for the purpose of a preliminary inquiry, trial or other proceedings.

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

___________________________________________
Judge/Justice of [level of court]

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Further Detention 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: An Application made pursuant to section 490(2), (3) of the Criminal Code to thing(s) detained by Police

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ORDER OF FURTHER DETENTION

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I ORDER that pursuant to s. 490(2), (3) that:

• ☐ the things set out in the Application to Further Detain Things Seized; or
• ☐ the following things: _____________________________ in the custody of __________________ at _________________ be further detained for a period not exceeding:
• ☐ ______________ months from the date of seizure; or
• ☐ 12 months from the date of seizure

unless before the expiration of that period:

• a justice is satisfied on application, that having regard to the nature of the investigation, their further detention for a period is warranted and they so order; or
• proceedings are instituted in which the thing(s) detained may be required.

I ORDER that the thing(s) detained be held in the custody of ___________________________ at ____________________ and that ____________________ is to take reasonable care to ensure that the thing(s) detained are preserved until the conclusion of any investigation(s) or until it is required to be provided for the purpose of a preliminary inquiry, trial or other proceedings.

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

___________________________________________
Judge/Justice of [level of court]

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Order of Disposition

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(XXX) of the Criminal Code to thing(s) detained by Police

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ORDER OF DISPOSITION

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On being satisfied that there are some things which were seized and are no longer required for any purpose, I ORDER disposition as follows:

☐ since no dispute exists in respect of lawful possession, I order return of the following property to _________ , the person lawfully entitled to possession: ____________________

☐ since possession by a person from whom the property was seized is unlawful, I order return of the following

property to ____________________, the person lawfully entitled to possession: ____________________

☐ since the lawful owner or person lawfully entitled to possession is not known or cannot be located. I order the

property to be forfeited to her Majesty to be disposed of as the Attorney General directs or otherwise dealt with according to law.

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

___________________________________________
Judge/Justice of [level of court]

|}

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(XXX) of the Criminal Code to thing(s) detained by Police

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ORDER OF DISPOSITION

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On being satisfied that the following things seized is/are perishable or likely to depreciate, namely: I ORDER disposition as follows, pursuant to section 490.1 of the Criminal Code:

☐ since no dispute exists in respect of lawful possession, I order return of the following property to __________, the person lawfully entitled to possession: ___________________

☐ since possession by a person from whom the property was seized is unlawful, I order return of the following

property to ____________, the person lawfully entitled to possession:

☐ on being satisfied the lawful owner was not a party to an offence in relation to the things, I order that the following

things: ___________________ be disposed of and the proceeds of disposition given to the lawful owner ____________ of the things seized.

☐ on being satisfied that the identity of the lawful owner of the following things: ___________________

cannot reasonably be ascertained, I order that the things be disposed of and the proceeds of disposition are forfeited to Her Majesty to be disposed of as the Attorney General sees fit.

☐ I order the following things be destroyed: ___________________

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

___________________________________________
Judge/Justice of [level of court]

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See Also

• NS Form 50.1
• NS Form 5.2 (RTJ)
• Ont RTJ