Affidavits and Statutory Declarations

An affidavit is a document that contains facts that you swear under oath or affirm are true. You can use an affidavit instead of giving evidence to the judge as a witness. A good affidavit has just enough important information to help the judge make a decision. But there are strict rules about:

• how it should be written,

• what it can include, and

• how it's sworn or affirmed.

Like an affidavit, a statutory declaration is a statement of facts made in writing. The statement is verified by the solemn declaration of the person making the statement. Statutory declarations may be required pursuant to various statutes. The form of a statutory declaration is mandated by the Canada Evidence Act and the British Columbia Evidence Act.