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O. Reg. 272/09: OATHS AND AFFIRMATIONS AT AN INQUEST

under Coroners Act, R.S.O. 1990, c. C.37

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Versions
current July 27, 2009 (e-Laws currency date)
July 17, 2009 July 26, 2009

Coroners Act

ONTARIO REGULATION 272/09

OATHS AND AFFIRMATIONS AT AN INQUEST

Historical version for the period July 17, 2009 to July 26, 2009.

Note: This Regulation comes into force on the day subsection 28 (2) of the Coroners Amendment Act, 2009 comes into force. See: O. Reg. 272/09, s. 3.

No amendments.

This is the English version of a bilingual regulation.

Content of oaths

1. (1) At an inquest, the oath to be read to,

(a) a juror is set out in paragraph 1 of Schedule 1;

(b) a constable appointed under subsection 48 (2) of the Act is set out in paragraph 2 of Schedule 1;

(c) a person appointed to record the evidence at an inquest is set out in paragraph 3 of Schedule 1;

(d) a person acting as an interpreter under subsection 48 (1) of the Act is set out in paragraph 4 of Schedule 1;

(e) a witness at an inquest is set out in paragraph 5 of Schedule 1. O. Reg. 272/09, s. 1 (1).

(2) A person to whom the oath prescribed by subsection (1) is read shall complete the oath with an affirmative answer. O. Reg. 272/09, s. 1 (2).

Content of affirmations

2. (1) At an inquest, the affirmation to be read to,

(a) a juror is set out in paragraph 1 of Schedule 2;

(b) a constable appointed under subsection 48 (2) of the Act is set out in paragraph 2 of Schedule 2;

(c) a person appointed to record the evidence at an inquest is set out in paragraph 3 of Schedule 2;

(d) a person acting as an interpreter under subsection 48 (1) of the Act is set out in paragraph 4 of Schedule 2;

(e) a witness at an inquest is set out in paragraph 5 of Schedule 2. O. Reg. 272/09, s. 2 (1).

(2) A person to whom the affirmation prescribed by subsection (1) is read shall complete the affirmation with an affirmative answer. O. Reg. 272/09, s. 2 (2).

3. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 272/09, s. 3.

SCHEDULE 1
OATHS

1. Do You Swear that you will diligently inquire into the death of ............................................. [insert name of deceased person] and determine on the evidence presented at this inquest, [his or her] identity, how, when, where and by what means the deceased came to [his or her] death and without partiality or bias towards any person, render a true verdict in accordance with such evidence, so help you God?

2. Do You Swear that you will faithfully assist the coroner in the inquest into the death of ............................................. [insert name of deceased person] and perform such duties as the coroner shall direct and when the jury retires to consider its verdict you will not permit any person to speak to the jurors, nor will you speak to them concerning the inquest or matters relating to the inquest except to ask them if they have agreed on a verdict, so help you God?

3. Do You Swear that you will truly and faithfully and to the best of your skill and ability record the evidence given at this inquest and truly transcribe the same, if required, without favour or affection, prejudice or partiality towards any person, so help you God?

4. Do You Swear that you understand the ........................................ [insert language] language and the English language and that you will truly and faithfully translate the oath or affirmation and all questions asked of and statements made to such witness or witnesses as the coroner shall direct and the evidence given and statements made by such witness or witnesses at this inquest to the best of your skill and ability, so help you God?

5. Do You Swear that the evidence that you will give at this inquest into the death of ............................................. [insert name of deceased person] will be the truth, the whole truth and nothing but the truth, so help you God?

O. Reg. 272/09, Sched. 1.

SCHEDULE 2
AFFIRMATIONS

1. Do You Solemnly Affirm that you will diligently inquire into the death of ............................................. [insert name of deceased person] and determine on the evidence presented at this inquest, [his or her] identity, how, when, where and by what means the deceased came to [his or her] death and without partiality or bias towards any person, render a true verdict in accordance with such evidence?

2. Do You Solemnly Affirm that you will faithfully assist the coroner in the inquest into the death of ............................................. [insert name of deceased person] and perform such duties as the coroner shall direct, and when the jury retires to consider its verdict you will not permit any person to speak to the jurors, nor will you speak to them concerning the inquest or matters relating to the inquest except to ask them if they have agreed on a verdict?

3. Do You Solemnly Affirm that you will truly and faithfully and to the best of your skill and ability record the evidence given at this inquest and truly transcribe the same, if required, without favour or affection, prejudice or partiality towards any person?

4. Do You Solemnly Affirm that you understand the ........................................ [insert language] language and the English language and that you will truly and faithfully translate the oath or affirmation and all questions asked of and statements made to such witness or witnesses as the coroner shall direct and the evidence given and statements made by such witness or witnesses at this inquest to the best of your skill and ability?

5. Do You Solemnly Affirm that the evidence that you will give at this inquest into the death of ............................................. [insert name of deceased person] will be the truth, the whole truth and nothing but the truth?

O. Reg. 272/09, Sched. 2.