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Under s. 10 of the Canada Evidence Act and the provisions of most provincial evidence acts, an individual making ready a written statement may be cross-examined on his or her affidavit. The potential subject material of such examinations is broad and would include not solely the problems addressed in the affidavit, but the kid’s truthfulness and credibility; the circumstances beneath which the affidavit was elicited and prepared; and the extent of the consumer’s involvement in obtaining the affidavit and affect over its content material. In my view, drafting counsel is free to simply accept or reject a retainer to draw a toddler’s affidavit as he or she wishes. Whether the dad and mom are joint custodians beneath the Divorce Act, or mutual guardians below the Family Law Act, is, I think, … Read more