Precedent - Forfeiture of Property Under Section 490.1

Forfeiture Under 491

Notice of Application

Notice of Forfeiture for Weapons and Ammunition

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 section 491 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 – and – [ACCUSED NAME] NOTICE OF INTENTION TO FORFEIT WEAPONS AND AMMUNITION (Section 491 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 491 of the Criminal Code the Crown seeks an order of forfeiture of the following items (the "Firearms"): [list of weapons] THE APPLICANT RELIES ON THE FOLLOW GROUNDS 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. [grounds consisting of reasons for granting the relief and alleged facts] ... 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 [describe the type of order and terms of the order] 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] [Internal File Coding]

Order

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 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 Her Majesty the Queen in Right of [province] BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] 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. 491] 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 491 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 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. 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]