Precedent - Forfeiture of Property Under Section 490(9)

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Notice

NOTICE OF APPLICATION
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 by the Attorney General of [province] for an Order pursuant to sections 490(9) of the Criminal Code, ordering that property seized by [police] from [accused], on [date] at [location], be forfeited to Her Majesty the Queen in Right of [province] BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] NOTICE OF FORFEITURE APPLICATION (Section 490(9) Criminal Code) 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. ...

Affidavit

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 by the Attorney General of [province] for an Order pursuant to sections 490(9) of the Criminal Code, ordering that property seized by [police] from [accused], on [date] at [location], be forfeited to Her Majesty the Queen in Right of [province]

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

AFFIDAVIT OF [NAME]
(Application Under Section 490(9) Criminal Code)

I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

I am the [relationship to case] herein and have personal knowledge of the matters and facts herein deposed to, except where stated to be based on information and belief, in which case I do verily believe the same to be true.
...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

Draft Order

Order

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 forfeiture])

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]