Forfeiture of Property (Precedent)

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 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