Forfeiture of Property (Precedent): Difference between revisions

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{{seealso|Forfeiture Orders}}
{{seealso|Forfeiture Orders}}


==Forfeiture (Generic)==
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! NOTICE OF APPLICATION
! NOTICE OF APPLICATION
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|}
|}
===Forfeiture Under 164.2===
{|class="wikitable" style="width: 650px; background-color:white;  text-align: left;"
! Order
|-
| style="width: 50%; vertical-align: top;" |
'''IN THE MATTER OF''' an Application by the Attorney General of [province] for an Order pursuant to section 164.2 of the ''Criminal Code'', ordering that property seized by [police force] from [location or person] on [date] at [address] be forfeited to {{HMTQ}} in Right of [province]
{{Style of Cause}}
{{TITLE|ORDER|Forfeiture Under s. 164.2}}
'''BEFORE THE HONOURABLE''' Judge [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 submissions from Crown counsel and counsel for [accused];
'''AND UPON BEING SATISFIED THAT''' there are no other persons who are lawfully entitled to the Property;
'''IT IS HEREBY ORDERED THAT''' the said 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 judge]<br>
{{CarbonCopy}}
{{InternalCode}}
|}


==Estreatment==
==Estreatment==

Revision as of 08:01, 18 March 2020

Forfeiture

See also: Forfeiture Orders


Forfeiture (Generic)

NOTICE OF APPLICATION

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]




FORFEITURE ORDER
(Section [section for foreiture])




Affidavit
Order


Forfeiture Under 164.2

Order

IN THE MATTER OF an Application by the Attorney General of [province] for an Order pursuant to section 164.2 of the Criminal Code, ordering that property seized by [police force] from [location or person] on [date] at [address] be forfeited to Her Majesty the Queen in Right of [province]

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]




ORDER
Forfeiture Under s. 164.2




BEFORE THE HONOURABLE Judge [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 submissions from Crown counsel and counsel for [accused];

AND UPON BEING SATISFIED THAT there are no other persons who are lawfully entitled to the Property;

IT IS HEREBY ORDERED THAT the said Property is hereby forfeited to Her Majesty the Queen 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 at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_____________________________
[name of title and judge]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]


Estreatment