Last updated May 25, 2023
Affidavits versus Statutory Declarations
Affidavits are typically used in court while Statutory Declarations are not. When you create an Affidavit, you’re known as the affiant and swear under oath or solemn affirmation.
Statutory Declarations are typically used in non-court legal settings for verifying personal information. When creating a Statutory Declaration, you’re known as the declarant and swear under oath or solemn affirmation.
Affidavits
What is an Affidavit?
An Affidavit is a written statement of facts that you make under oath. Often, courts use this type of document as evidence in legal proceedings.
To sign an Affidavit under oath, a commissioner for oaths or notary public must witness and sign it with you.
Signing an Affidavit under oath means you are swearing that its listed facts are true. If a court determines that you have not been truthful in your Affidavit, it can be a form of perjury and you can be held responsible for making a false statement.
An Affidavit is also known as a:
- Sworn statement
- Sworn affidavit
- Statement under oath
- Notarized statement
What is an Affidavit used for?
Generally, courts use Affidavits as evidence in legal proceedings. People use them when filing or responding to a court case. For example, a court could request that you provide an Affidavit, making it mandatory.
Sometimes, a lawyer can provide your Affidavit to a court during legal proceedings, so you don’t have to appear in person.
Here are some examples of cases in which an Affidavit could be used as evidence:
- Personal injury claims: A witness could use an Affidavit to detail the events leading to a vehicle collision or other event causing injury.
- Breach of contract disputes: Parties, such as a landlord and a tenant, could use Affidavits to outline the terms and conditions of their contract and the alleged breach.
- Land or property disputes: Someone could use an Affidavit to prove their ownership or title to a piece of land. In boundary disputes, someone could use an Affidavit to present evidence regarding the location of boundaries and property lines.
- Divorce cases: Separated spouses who are divorcing could use an Affidavit to present evidence or facts relevant to the divorce case, such as details about assets, debts, or income.
- Child custody disputes: A parent could use an Affidavit to outline their suitability, involvement in the child's life, and ability to provide for their child's needs.
- Visa applications: A sponsor or employer could use an Affidavit to confirm and validate the details of the applicant's employment or purpose of visit.
- Will contestations: A witness could use an Affidavit to testify about the testator's mental state or the circumstances surrounding the creation of their Last Will and Testament.
- Estate administration: An executor or administrator could use an Affidavit to provide an account of assets and debts and a distribution plan.
How to sign an Affidavit
To properly sign an Affidavit, you must sign it under oath or solemn affirmation. As stated above, signing an Affidavit under oath or solemn affirmation means you swear that the listed facts are true.
Also, signing under oath or solemn affirmation means someone authorized to administer oaths and affirmations must witness and sign it with you. This person could be a:
- Commissioner for oaths
- Notary public
If you don’t sign your document correctly with an individual who can administer oaths and affirmations, it will not be a sworn statement under oath or solemn affirmation and therefore will be invalid in court.
Who can use an Affidavit in Canada?
An Affidavit can be used by an individual who has personal knowledge of certain facts and is willing to swear under oath or affirmation that the information provided in the Affidavit is true and accurate to the best of their knowledge.
In Canada, the Canada Evidence Act states that children 14 or older may give evidence on oath or affirmation. However, children under 14 may not give evidence on oath or affirmation. Instead, they may promise to tell the truth.
How to write an Affidavit
To write an Affidavit properly, it must contain certain details. By using our Affidavit template, we prompt you to provide the following information:
- Court details, including the court and jurisdiction where the Affidavit will be used, and the case number
- Party details, including the claimant and defendant’s names, if applicable
- Affiant details, including your full name, job title, and address
- Statement of facts that are based on personal knowledge, not opinions
If applicable, the Affidavit should also specify whether you are writing it on behalf of the claimant or the defendant (the claimant is the party starting the lawsuit, and the defendant is defending themself).
Should I attach other documents to my Affidavit?
If you refer to additional documents, sources, or records in your facts, you should attach them to your Affidavit.
For example, if you reference a photograph in one of your facts, you can label it and staple it to your printed Affidavit, which would also be sworn as part of your Affidavit.
Statutory Declarations
What is a Statutory Declaration?
A Statutory Declaration is a formal written statement allowing you to swear or affirm that certain information is true to the best of your knowledge.
Generally, people use Statutory Declarations when no other documentary evidence is available, and they are satisfying a requirement or regulation outside of court.
What is a Statutory Declaration used for?
As stated above, a Statutory Declaration is used to affirm certain information. For example, they can be used for:
- Verifying a name change: When you change your name, you may be required to make a Statutory Declaration affirming your old and new names, creating a record of the name change.
- Attesting to your identity: A Statutory Declaration may be used to establish and declare your identity in certain situations such as applying to replace a piece of ID.
- Affirming personal information: A Statutory Declaration may be used to declare personal information, such as your name, address, or date of birth when opening a bank account or applying for immigration or a visa, passport, or driver's license.
- Declaring your residency: In some cases, Statutory Declarations may be used to confirm details about your residency.
- Declaring your marital status: In some cases, Statutory Declarations may be used to confirm details about your relationship or marital status.
- Supporting other documents: Statutory declarations can be used to support or provide evidence for things like contracts or insurance claims, by affirming the information included in the document.
How to write a Statutory Declaration
To create a Statutory Declaration using our template, it should contain the following information:
- Declarant details, including your full name and address
- Statement of facts that are based on personal knowledge, not opinions
Also, a Statutory Declaration should include your signature and the signature of the person witnessing and certifying your Affidavit.
Who can witness a Statutory Declaration in Canada?
Much like an Affidavit, anyone authorized to administer oaths and affirmations can witness and sign a Statutory Declaration. This person could be a:
- Commissioner for oaths
- Notary public
