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

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 490.1(1) 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 (OFFENCE-RELATED PROPERTY) (Pursuant to s. 490.1(1)) BEFORE THE HONOURABLE Justice/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. 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 490.1(1) of the Criminal Code for the Property; AND UPON HEARING from Crown counsel and counsel for the accused who claims to be the owner at the times of the seizures; 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 “offence-related property” within the meaning of s. 2 of the Criminal Code and the property relates to the offence(s) before this court; IT IS HEREBY ORDERED THAT the Property is hereby forfeited to His Majesty the King in Right of [province] pursuant to section 490.1(1) 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]