Precedent - Shortcuts to Proof

From Criminal Law Notebook
PRECEDENT TERMS OF USE

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

Authentication of Documents

Affidavit Authenticating Docs in Possession

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 [AFFIANT NAME]
'



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

  1. I 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 verily believe the same to be true.
  2. I hold the position of Support Staff with [name of orgnaization] and work as a legal assistant to [name of lawyer];
  3. My role as Support Staff I am tasked with duties including:
    1. Preparing, sending, receiving, printing, cataloguing and filing of prosecution documents, including [name of specific type documents at issue such as disclosure, court records, transcripts], in relation to [name of lawyer's] active criminal files;
    2. Requesting copies of court records and transcriptions of court hearings for [name of lawyer];
  4. I have completed the tasked duties listed above in relation to the prosecution documents in possession of my office on the matter of [name of file]
  5. I do verily believe that the following documents are true copies of the prosecution documents, including disclosure, court records, court transcripts, and other materials that I have prepared, received, printed, and/or catalogued as part of my duties in relation to the noted matter:
    1. Exhibit 1: ...
    2. ...

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]


Websites

Affidavit Authenticating Webpages

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 [AFFIANT NAME]
'



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

  1. I 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 verily believe the same to be true.
  2. I hold the position of Support Staff with [name of orgnaization] and work as a legal assistant to [name of lawyer];
  3. My role as Support Staff I am tasked with duties including requesting, receiving, collecting and compiling records and documents, including those held by the courts, parties to proceedings, or third-parties, relevant to the proceedings against active criminal files managed by [name of lawyer];
  4. On or around [date], I was tasked with accessing and preserving a named publicly available webpage, identified by the URL web address (hereinafter "webpage"):
    1. [name of URL]
  5. On [date], I accessed the requested webpage using [name of web browser. e.g. Safari, Chrome, Internet Explorer] on my office workstation.
  6. To the best of my knowledge and experience, they were functioning properly while I accessed the webpages. At no time did I observe any system errors or failures in the systems that I believe could reasonably affect their integrity. I do not have any reason to believe that the systems I was using were not operating properly.
  7. I preserved the webpage by [printing the page, making a screenshot, or downloading the page].
  8. I do verily believe that the following documents are true copies of the preserved webpage that I viewed online on [date of access]:
    1. Exhibit 1: ...
  9. The documents fairly and accurately represent [describe the information that is claimed to be accurate] that was visible to me when accessing the webpage using the web browser. Any artifacts visible on the document do not affect [information that is claimed to be accurate]

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]

Google Maps and Streetview
Affidavit Authenticating Webpages

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 [AFFIANT NAME]
'



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

  1. I 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 verily believe the same to be true.
  2. I hold the position of Support Staff with [name of orgnaization] and work as a legal assistant to [name of lawyer];
  3. My role as Support Staff I am tasked with duties including requesting, receiving, collecting and compiling records and documents, including those held by the courts, parties to proceedings, or third-parties, relevant to the proceedings against active criminal files managed by [name of lawyer];
  4. On or around March 19, 2019, I was tasked with accessing and preserving a named publicly available webpage, identified by the URL web address (hereinafter "webpage"):
    1. http://maps.google.ca
  5. On [date], I accessed the requested webpage using [name of web browser. e.g. Safari, Chrome, Internet Explorer] on my office workstation.
  6. To the best of my knowledge and experience, they were functioning properly while I accessed the webpages. At no time did I observe any system errors or failures in the systems that I believe could reasonably affect their integrity. I do not have any reason to believe that the systems I was using were not operating properly.
  7. I am able to preserve the webpage by [printing the page, making a screenshot, or downloading the page].
  8. I went online and accessed the website http://maps.google.ca. I used the interface to search for the following locations and displayed them in “satellite view”. Using the interface I am able to view the area in a standard map format or a satellite format. I am able to view the map top-down from any cardinal direction or at angles simulating a “bird’s eye” view. I located and preserved Google Map views showing following:
    1. Exhibit 1a: ...
  9. On or around the same time and place, I went online and accessed the website http://maps.google.ca. I used the interface to search for the following locations and displayed them in “street view". Using the interface, I am able to view a 360-degree panoramic photograph taken from any selected street on the map. I located and preserved Google Streetview views showing the following:
    1. Exhibit 1b: ...
  10. The documents fairly and accurately represent [describe the information that is claimed to be accurate] that was visible to me when accessing the webpage using the web browser. Any artifacts visible or cropping of edges on the document do not affect [information that is claimed to be accurate and fairly represented].

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]

Agreed Statement of Fact

Agreed Statement of Facts

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]



Agreed Statement of Facts
[describe whether it is for trial under s. 655 or for an Application]



This statement of facts is agreed to for the purposes of providing an evidentiary record for the [type hearing]. Any text within this agreed statement of fact that would tend to paraphrase, summarize or suggest a preferred interpretation of a source document, or contradict a source document, shout not be considered agreed upon as a fact beyond dispute but rather is merely a characterization and/or interpretation that is intended to assist the Court. Further, this agreed statement of facts is to be understood and interpreted in light of any viva voce testimony on issues before the court.

It should also be stressed that nothing in this should be considered acceptance of admissibility of the supporting documents on the basis of relevancy or hearsay. The parties agree to the authenticity of the supporting documents.

Statement of Facts
  1. ...


ALL OF WHICH IS AGREED UPON

_______________________
[Counsel 1]
Counsel for [party 1]

_______________________
[Counsel 2]
Counsel for [party 2]

_______________________
[Counsel 3]
Counsel for [party 3]

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