The Children's Aid Society of Ottawa and its executive director Barbara MacKinnon informed the court yesterday through their legal counsel (Burke-Robertson Barristers and Solicitors) that the defendants intend to file a motion for dismissal of the charges brought against them by former foster child John Dunn, using sections 32 and 36 of Ontario's Evidence Act.
The parties agreed to set the date for hearing the motion on Monday, Aug. 23, 2010 from 9:00am to 11:00am (2hrs) in court room 101, 100 Constellation Crescent, Ottawa, Ontario to which the public are welcome to attend.
Relevant provisions of section 32 and 36 of the Act read as follows:
Copies of public books or documents
32. (1) Where a book or other document is of so public a nature as to be admissible in evidence on its mere production from the proper custody, a copy thereof or extract therefrom is admissible in evidence if it is proved that it is an examined copy or extract, or that it purports to be signed and certified as a true copy or extract by the officer to whose custody the original was entrusted. R.S.O. 1990, c. E.23, s. 32 (1).
Copies to be delivered if required
(2) Such officer shall furnish the certified copy or extract to any person applying for it at a reasonable time, upon the person paying therefor a sum not exceeding 10 cents for every folio of 100 words. R.S.O. 1990, c. E.23, s. 32 (2).
Judicial notice to be taken of signatures of judges, etc.
36. (1) All courts, judges, justices, masters, case management masters, clerks of courts, commissioners and other officers acting judicially, shall take judicial notice of the signature of any judge of any court in Canada, in Ontario and in every other province and territory in Canada, where the judge’s signature is appended or attached to a decree, order, certificate, affidavit, or judicial or official document. R.S.O. 1990, c. E.23, s. 36 (1); 1996, c. 25, s. 5.