Forfeiture of Property Under 117.05 (Precedent)

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Notice

See also: Forfeiture Orders

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 117.05 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 CERTAIN FIREARMS
(Section 117.05 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 117.05 of the Criminal Code the Crown seeks an order of forfeiture of the following items (the "Firearms"):

[list of firearms]

THE APPLICANT RELIES ON THE FOLLOW GROUNDS

[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] |}

Affidavit

Template:Style of Cause (117.05 Application)

AFFIDAVIT OF [AFFIANT NAME]

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

I am the [relationship to case] herein and have personal knowledge of the matters and facts herein deposed to, except where stated to be based on information and belief, in which case I do 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

Template:Style of Cause (117.05 Application)

ORDER OF FORFEITURE
(Pursuant to s. 117.05)

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. 164.2] 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 164.2 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 164.2 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]

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