Precedent - Forfeiture of Property Under Section 490.1
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Forfeiture Under 491
Notice of Application
Notice of Forfeiture for Weapons and Ammunition |
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C A N A D A File# ________________ 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 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"):
THE APPLICANT RELIES ON THE FOLLOW GROUNDS
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court,
[party name] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
[Internal File Coding] |
Order
Order |
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C A N A D A File# ________________ 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 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]:
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___. _____________________________ [Internal File Coding] |