Extension of Detention Order (One Year or Less) (Precedent)

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Extension of Detention Orders

See also: Extending an Initial Detention Order

Notice

NOTICE TO EXTEND DETENTION 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] NOTICE TO EXTEND DETENTION ORDER 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 an application will be brought by the Applicant, ... THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS: [enumerate the principles that apply to the circumstances] ... Any additional grounds as counsel may advise and this Honourable Court may permit. THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS: [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances] ... Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order for ... FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] TO: [] [Internal File Coding]

Affidavit

AFFIDAVIT (CHARTER)

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]

AFFIDAVIT OF [AFFIANT NAME]

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

I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I 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]

Order

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

IN THE MATTER OF items seized from [location] on [date] and detained pursuant to s. 490(1) of the Criminal Code of Canada

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

ORDER (Section 490(2)(a) of the Criminal Code)

WHEREAS the attached Order for Detention of Things Seized was issued on the [date] for items seized on the [date] for a period not exceeding three (3) months from the date of seizure, pursuant to Section 490(1) of the Criminal Code.

WHEREAS I am satisfied that three (3) days clear notice of this Application has been provided to the Respondents.

UPON reading the Affidavit of [name], dated the [date];

WHEREAS I am satisfied that, having regard to the nature of the investigation, a further period of detention is warranted for the items listed in the attached “Report to Justice”, dated the [date];

IT IS HEREBY ORDERED THAT the said things be detained in the custody of the [police force], [location] until the [date], unless prior to that date:

(a) a further detention is ordered pursuant to the Criminal Code, or (b) proceedings are instituted in which the said things detained may be required.

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.