The identity of contracting parties to membership contracts must be determined by reference to objectively discernible circumstances — application forms, processing, receipts, membership cards, and database entries — not by reference to statements of subjective intent by the parties. Statements by parties about what they intended the contractual structure to be are inadmissible for the purpose of determining the scope and parties to the contract, though they may be admissible for other purposes such as proving dishonesty. Where the objective evidence of contract formation overwhelmingly points to one conclusion, the Crown cannot rely on subjective declarations to establish the contrary beyond reasonable doubt.
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