Forfeiture of Property (Precedent)

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Forfeiture

Forfeiture Under Section 490(9)

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
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 Her Majesty the Queen in Right of [Province] pursuant to section 490(9) 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 justice] 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]

Forfeiture Under 164.2

Order

C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [SUPERIOR/SUPREME] COURT OF [PROVINCE] 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] BETWEEN: HIS MAJESTY THE KING Applicant – and – [ACCUSED NAME] Respondent ORDER OF FORFEITURE (Pursuant to s. 164.2) 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 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 justice] 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]

Forfeiture Under 117.05 - Firearm - Public Safety

Notice to Tender Expert Evidence

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] NOTICE OF INTENTION TO CALL EXPERT WITNESS (Section 657.3 of the Criminal Code) WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that pursuant to section 657.3 of the Criminal Code at the forthcoming trial scheduled to begin on [date], the Crown will introduce evidence from an expert witness, with the particulars as follows: (i) Name of Expert: [name of the witness, reference to attached resume] (ii) Area of Expertise: [description of the area of expertise] (iii) Summary of Opinion: [summation of evidence, where possible reference to attached documents or reports summarizing the evidence] AND TAKE NOTICE that Crown counsel is available should any clarification on the terms and scope of the qualifications be needed. DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] [Internal File Coding]

Order

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 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 justice] 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]

Forfeiture Under 491

Order

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 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 justice] 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]