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

PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

See also: Extending an Initial Detention Order and Precedent - Extension of Detention Order (Over One Year)

Notice - Short

Style of cause

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 made pursuant to section 490(2)(a) of the Criminal Code to Extend the Detention of Items Seized by Police pursuant to section 490(1) of the Criminal Code

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

NOTICE OF APPLICATION
(Order for Further Detention of Property Pursuant to Section 490(2))

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;

AND WHEREAS certain property was seized from you on [date] including:

AND WHEREAS Police are seeking to detain this property for a further period of time, up to one year from the date of the seizure.

TAKE NOTICE that an application will be brought by the Applicant pursuant to section 490(2) of the Criminal Code at [court location] to extend the period of detention of property seized by police, for a period of time not exceeding one year from the date of seizure.

AND TAKE NOTICE that should you wish to be heard, you, or someone on your behalf, must appear at the above-noted date and time. If you do not appear, an extension order may be granted in your absence.

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]

Tel: (xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx

Email: [email protected]

AND FURTHER TAKE NOTICE that if you are without counsel, you have a right to seek legal advice with respect to this Application.

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

_________________________________
[Applicant's name]
[Applicant's title]

TO: []

[Internal File Coding]

Notice - Long

Style of cause

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 made pursuant to section 490(2)(a) of the Criminal Code to Extend the Detention of Items Seized by Police pursuant to section 490(1) of the Criminal Code

BETWEEN:

HIS MAJESTY THE KING

– and –

[ACCUSED NAME]

NOTICE OF APPLICATION
(Order for Further Detention of Property Pursuant to Section 490(2))

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;

AND WHEREAS certain property was seized from you on [date] including:

AND WHEREAS Police are seeking to detain this property for a further period of time, up to one year from the date of the seizure.

TAKE NOTICE that an application will be brought by the Applicant pursuant to section 490(2) of the Criminal Code at [court location] to extend the period of detention of property seized by police, for a period of time not exceeding one year from the date of seizure.

AND TAKE NOTICE that should you wish to be heard, you, or someone on your behalf, must appear at the above-noted date and time. If you do not appear, an extension order may be granted in your absence.

THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS

Upon the lawful seizure of property, the police may request an order from a justice that the property be detained pursuant to section 490(1) and (2) for a period not exceeding 90 days. Should proceedings not be commenced against the property owner within that time, the property will be returnable upon expiration of this period of time.

[enumerate any other 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]

Tel: (xxx) xxx-xxxx

Fax: (xxx) xxx-xxxx

Email: [email protected]

AND FURTHER TAKE NOTICE that if you are without counsel, you have a right to seek legal advice with respect to this Application.

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

_________________________________
[Applicant's name]
[Applicant's title]

TO: []

[Internal File Coding]

Affidavit of Service (Precedent)

Affidavit

Style of cause

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 A PEACE OFFICER [AFFIANT NAME]
IN SUPPORT OF AN APPLICATION FOR AN ORDER FOR THE FURTHER DETENTION OF THINGS SEIZED made pursuant to Section 490(2)(a) of the Criminal Code

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

I am a Peace Officer and member of [police force] and as such 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 believe the same to be true.
I have been a member of the [police force] for a period of [years]. I am currently assigned to [section of police office] with duties including the investigation of [type of investigation]. I have been on this assignment since [month, year];
I am involved in the investigation into allegations against [name of suspect] relating to the offences of [offences];
[some background of the investigation]
on [date], [officer name] applied to Justice [name of judge] and was granted a judicial authorization for the search/production of [type of place or evidence] pursuant to [the section]. Attached as Appendix "A" is a copy of the authorization.
On [date], the authorization was executed at [location]. In accordance with the authorization, items were seized from the location. Attached as Appendix "B", is a copy of the list of items seized.
On [date], [officer] applied to the Justice and was granted an order for detention of the seized items. Attached as Appendix "B", is a copy of the initial detention order pursuant to s. 490(1)(b).
...
On [date], the property owner was served with notice of this application. Attached as Appendix "C", is a copy of the Notice of Application and the affidavit of service.

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)

UPON APPLICATION of [police/crown organization]

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(2) of the Criminal Code.

AND 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];

AND 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 s. 490(2) of 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___.

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