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| ** [[Precedent - Forfeiture of Property Under 117.05]] | | ** [[Precedent - Forfeiture of Property Under 117.05]] |
| ** [[Precedent - Forfeiture Under 164.2]] | | ** [[Precedent - Forfeiture Under 164.2]] |
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| ==Forfeiture Under 491==
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| {{seealso|Forfeiture of Weapons and Firearms#Forfeiture of Offence-related Weapons}}
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| ===Notice of Application===
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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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| {{Style of Cause Header}}
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| '''IN THE MATTER OF''' an Application by the Attorney General of [province] for an Order pursuant to section 491 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]
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| {{Style of Cause Between}}
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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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| {{I-Start}}'''TAKE NOTICE''' that pursuant to section 491 of the ''Criminal Code'' the Crown seeks an order of forfeiture of the following items (the "Firearms"):{{I-End}}
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| # [list of weapons]
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| {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS'''{{I-End}}
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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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| {{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}}
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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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| {{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}}
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| # An Order for [describe the type of order and terms of the order]
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| {{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}}
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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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| ===Order===
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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 Header}}
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|
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| '''IN THE MATTER OF''' an Application by the Attorney General of [province] for an Order pursuant to section 491 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]
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| {{Style of Cause Between}}
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| {{TITLE|ORDER OF FORFEITURE|(Pursuant to s. 491)}}
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| {{I-Start}}'''BEFORE THE HONOURABLE''' Justice [name of judge] at [city], [province]. {{I-End}}
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| {{I-Start}}'''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;{{I-End}}
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| {{I-Start}}'''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. 491] of the ''Criminal Code'';{{I-End}}
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| {{I-Start}}'''AND WHEREAS''' the following items ("the Property") were seized by [police force] from [location or person] on [date] at [address]:{{I-End}}
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| :1. [list items of property]
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| :2. ...
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| {{I-Start}}'''UPON''' the Application of Crown counsel for an order pursuant to section 491 of the ''Criminal Code''; {{I-End}}
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| {{I-Start}}'''AND UPON HEARING''' from Crown counsel and counsel for the accused;{{I-End}}
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| {{I-Start}}'''AND UPON BEING SATISFIED THAT''' there are no other persons who are lawfully entitled to the Property;{{I-End}}
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| {{I-Start}}'''IT IS HEREBY ORDERED THAT''' the Property is hereby forfeited to {{HMTQ}} in Right of [Province] pursuant to section 491 of the ''Criminal Code'' to be disposed of as the Attorney General of [province] directs or otherwise dealt with in accordance with the law.{{I-End}}
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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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