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SUPERIOR COURT OF JUSTICE
BETWEEN: HER MAJESTY THE QUEEN - Respondent - and -
[Name]
- Applicant
A F F I D A V I T I, [NAME]
, of the City of Toronto in the Province of Ontario MAKE OATH AND
SAY:
1. I am a [friend and neighbour / brother or sister / aunt or uncle / cousin]
of the Applicant before this Honourable Court and as such, have knowledge of the matters hereinafter deposed to, except where stated to be based upon information and belief.
2. I do not propose to act as a surety for the Applicant, [Name]
, but make this affidavit in order to provide additional information about the Applicant and to support the application for Judicial Interim Release before this Honourable Court. I should like to highlight the many strengths of the Applicant and the reasons why I am confident [Name]
would comply with any term of release imposed by this Honourable Court.
3. I have carefully considered the character of the Applicant and believe that Judicial Interim Release would be to [Name’s]
benefit and such a release would not present a risk to the general public. Having considered the Applicant’s plan of release, I am prepared to provide whatever assistance I can to [Name]
.
4. I was born on [Date]
in [City, Province, Country]
and am currently
years of age.
5. I am a Landed Immigrant / Canadian Citizen. I arrived in Canada from [Country]
in
and became a Canadian citizen in
.
6. I am presently [single, married, separated or divorced]
. {I was married on
and separated/divorced on
.} The name of my [husband / wife] is [Name]
. [He / She] is
years of age.
7. I have
children. The names and ages of my children are as follows: [Name, Date of Birth, Age]
OR
I do not have any children.
8. I presently reside at [Address]
. I have lived at this address for the last
years. Prior to that date, I lived at [Address]
for
years.
9. I own my home. It has an approximate value of $
. The equity I have in my home is estimated to be $
.
10. In addition to my home, I also have other personal investments valued at approximately $
.
11. As stated above in paragraph 2, although I do not propose to be a surety before this Honourable Court, I would be prepared to sign bail up to the amount of $
in order to assist the Applicant in obtaining bail.
12. I am not proposing that [Name]
, reside with me at my address. However, I have had an opportunity to review the plan of release before this Honourable Court and I support the Applicant’s plan to reside with the proposed surety, [Name]
. However, the Applicant is certainly welcome to visit me and I would encourage such visits should the Applicant be released by this Honourable Court. The Applicant lives approximately
minutes away by car and such visits would be easy to arrange.
13. I am presently employed as a
at [Name of Company]
in [City, Ontario]
with an approximate annual salary of $
per annum. I have worked in this capacity for the past
years.
14. My regular days of work are Monday to Friday. My regular hours of work are from
AM to
PM.
15. I have not acted as a surety in the past and, as I have previously stated, I do not propose to act as a surety on this occasion unless additional supervision of the Applicant, beyond the proposed plan of release, is deemed necessary by this Honourable Court.
OR
16. I have acted as a surety in the past for my [son / daughter / husband / wife/ friend]
, [Name]
. I am pleased to report to this Honourable Court that there were no difficulties with my being a surety in the past. I effectively carried out my duties as surety. As previously stated, I do not propose to act as a surety on this occasion unless additional supervision of the Applicant, beyond the proposed plan of release, is deemed necessary by this Honourable Court.
17. However, if asked to be a surety, I can assure this Honourable Court that I understand the nature of my obligations as a surety. If it should come to my attention that the Applicant, [Name]
, has violated any of the conditions imposed by this Honourable Court, I would not hesitate to report the Applicant to the police immediately and to request the revocation of [Name’s]
bail. I would go further and personally escort the Applicant to the police or attend at Court or at the Office of the Justice of the Peace to ensure that my bail has been terminated and the Applicant returned to custody. Any personal considerations about the loss of liberty to the Applicant will always be subordinate to my public duty and obligations to this Honourable Court. I further understand that I could lose any money that I post for the release of the Applicant should it come to the attention of this Honourable Court that I had actual knowledge of an infraction of the Applicant’s bail and acquiesced in allowing [Name]
to violate any term of [his / her]
release.
18. I do not have a criminal record.
19. In offering my support to the Applicant, [Name]
, I do so with knowledge of the alleged facts of the criminal allegations before this Honourable Court, namely: [list offences]
.
20. I am aware that the Applicant has a criminal record for the following offences: [list offences]
.
OR
21. To the best of my knowledge and belief, the Applicant does not have a criminal record either in Canada or in any other country.
22. I am aware that the Applicant has a substance abuse problem with [state substance]
. I am also aware that the Applicant has sought treatment in the past and is prepared to do so again if released by this Honourable Court. I shall provide any assistance in ensuring that the Applicant attends counseling to combat the problem.
OR
To the best of my knowledge and belief, the Applicant does not have a substance abuse problem.
23. I am aware that the Applicant has a number of medical problems including [list medical conditions]
.
24. I have a very good rapport with [Name]
. The Applicant has always been respectful towards me and I have no concerns that [Name]
would not fail to listen to any advice I would offer or comply with any order I would give if I were a surety.
25. I would consider myself a role model for [Name]
and, for this reason, I believe my support of his application before this Honourable Court would be beneficial and would substantially increase the likelihood of full compliance of any term of release.
26. [ADDITIONAL FACTS IN SUPPORT OF APPLICATION]
27. I make this affidavit in support of the Application for Judicial Interim Release by [Name]
before this Honourable Court and for no other or improper purpose.
SWORN BEFORE ME at the City of )
Toronto, in the Province of Ontario )
this
th day of [Month]
,
[year]
. )
____________________________
[NAME]
A Commissioner, etc. )
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