SUPERIOR COURT OF JUSTICE

BETWEEN:

HER MAJESTY THE QUEEN - Respondent

- and -

[Name]

- Applicant

A F F I D A V I T

I, [NAME] , currently in custody at the [Name of Detention Centre] in the city of [Name of city] in the Province of Ontario, MAKE OATH AND SAY:


1. I am the proposed surety in the Application by [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.
OR
2. I am one of two proposed sureties in the Application by [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.
3. I am presently [single, married, separated or divorced] . {I was married on and separated/divorced on .}
4. I have children. The names and ages of my children are as follows:
OR
5. I do not have any children.
6. I am the [mother/father] of the Applicant.
7. I was born on [Date] in [City, Province, Country] and am currently years of age.
8. I am a Canadian Citizen. I arrived in Canada from [Country] in [year] and became a Canadian citizen in .
9. I presently reside at [Address] . I have lived at this address since .
10. I own my home. It has an approximate value of $ . The equity I have in my home is estimated to be $ .
11. In addition to my home, I also have other personal investments valued at approximately $ .
12. I would be prepared to sign bail up to the amount of $ if required by this Honorable Court.
13. I would propose that the Applicant, [Name] , reside with me at my address. There is sufficient space for [Name] to live with me and I have consulted with all the other adults living in my home and everyone agrees that [Name] can live in the home until his criminal matters have been dealt with according to law.
14. I am presently employed as a with an approximate annual salary of $ per annum. I have worked in the capacity since .
15. My regular days of work are Monday to Friday. My regular hours of work are from AM to PM.
16. I have not acted as a surety in the past.
OR
17. I have acted as a surety in the past for [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 and would be prepared to do so again.
18. 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 release.
19. I do not have a criminal record.
20. I am familiar with the alleged facts of the criminal allegations against the Applicant, [Name] , namely,
[list offences]
.

I will do whatever is required by law to ensure that the Applicant complies with the terms of his bail. In particular, I shall ensure that the Applicant have no communication directly or indirectly with the complainant in this matter,
[Name] .
21. I am aware that the Applicant has a criminal record for the following offences:
[list offences].

OR
22. To the best of my knowledge and belief, the Applicant does not have a criminal record either in Canada or in any other country.
23. I am aware that the Applicant has a substance abuse problem. I am also aware that the Applicant has sought treatment in the past and is prepared to do so if released by this Honourable Court. I shall provide any assistance in ensuring that the Applicant attends counseling to combat the problem.
OR
24. To the best of my knowledge and belief, the Applicant does not have a substance abuse problem.
25. I am aware that the Applicant has a number of medical problems including
[list ailments].

26. Should this Honourable Court consider it necessary to impose a form of house arrest or curfew on the Applicant in order to reduce the likelihood that he will commit a criminal offence whilst awaiting the disposition of his outstanding criminal charges, I would be fully prepared to enforce such a condition. I am in a position to do so because I have access to a phone at work and would be in a position to call my landline (as opposed to a cellular telephone number) to ensure that the Applicant is in my residence at all times.
27. The Applicant is welcome to remain with me as long as it takes to resolve his outstanding criminal charges. In addition to ensuring that he complies with any order imposed by this Honourable Court, I am also prepared to provide him personal and moral support in the months ahead as he takes the necessary steps to resolve his outstanding matters.
28. I make this affidavit in support of the Application for bail 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. )
Lance Carey Talbot )