Legal Requirements for an Affidavit

  1. Legal Standards for Affidavits in Canada
  2. Mandatory Components of an Affidavit
  3. The Role of Notarization
  4. Veracity and Legal Obligations
  5. Special Considerations in Criminal Cases
  6. The Importance of Legal Advice

With a zero-tolerance policy spurred by the Government of Canada’s family violence initiatives, Greater Toronto Police arrest people on domestic violence charges daily, often based on little pretext. When investigating reports of domestic assault, any reference to the alleged physical force used—even an accidental push—or threats made can lead police to make an arrest.

As a result, the victim/complainant and the alleged offender are often shocked by the potential implications of the arrest. These typically start with no-contact orders that prevent some alleged offenders from returning to their homes, and should the arrest lead to a conviction, the offender faces potential jail time, a criminal record, and other consequences that can prove highly disruptive to the domestic relationship.

As such, many alleged domestic violence victims quickly decide that they want the Crown to drop their criminal charges. However, most people don’t know how or when the Crown drops charges, and those seeking dropped charges for their partners might wonder how to write a letter to the Crown attorney to drop charges in Ontario or consider directly calling the Crown attorney’s office.

Such personal appeals are unlikely to make much headway in influencing the Crown’s decision-making on prosecuting the charges – after all, given the government mandate to vigorously address domestic violence, domestic violence prosecutions are in the public interest, a critical factor the Crown uses in its decision-making. That leaves the Crown to consider the other crucial decision-making factor: is there enough evidence to secure a conviction?

As the alleged complainant of the charges, any actions and statements you made before and during the arrest can be used as evidence. You can add to the evidentiary record your wishes to drop the charges against your partner by submitting an affidavit to Ontario Crown prosecutors. This affidavit of non-prosecution, as it is often called, may encourage the Crown to drop the charges.

We’ve discussed affidavit basics and the process of submitting an affidavit to drop charges in Toronto in another blog article. Here, we will review the legal requirements in Ontario for submitting an affidavit that seeks dropped charges.

Legal Standards for Affidavits in Canada

Commonly used in criminal and civil legal cases, an affidavit is a statement of facts relevant to a legal matter that is submitted to the court to be entered into the case record. The person providing the statement of facts is called the “affiant,” and their statement must be sworn or affirmed to be true in front of a lawyer, notary public, courtroom staff, or a commissioner for taking affidavits. An affidavit is a multi-purpose legal tool that can be used as evidence at trial.

Mandatory Components of an Affidavit

To be considered valid in Ontario legal matters, an affidavit must meet numerous requirements under the law. These include:

  • It must be written in a way that is legible with clear and precise language.
  • The affiant must correctly sign and date the document.
  • The person who administered the oath must correctly sign and date it.
  • It must include the correct names and addresses of the affiant and oath administrator.
  • The affiant must swear before an authorized witness that the affidavit’s contents are true and accurate.
  • The affiant must have direct knowledge about any facts stated in the affidavit and support this with names, dates, and corroborating documents, if applicable.
  • The affidavit must only present the facts—no opinions, conjecture, or conclusions.
  • Any parties named in the affidavit must be correctly identified, with contact information provided.

The Role of Notarization

In addition to the other requirements, your affidavit must be notarized with the seal of the person who administered your oath, verifying your statement as true. The seal signifies that the official taking the oath is authorized by the province to administer oaths and affirmations and certify the execution of documents.

Veracity and Legal Obligations

Lying on an affidavit is the equivalent of, and carries the same potential legal consequences as, lying under oath in Canada – and if you lie under oath in Canada, you can be charged with perjury under Criminal Code Section 131 (1), which can carry up to 14 years imprisonment upon conviction.

Meanwhile, lying to the police is also a criminal offence. If you were to use an affidavit to recant any statements you made to 911 operators or police during the incident leading up to the arrest, police can charge you with public mischief for initially lying to them. Under Section 140 (2) of the Criminal Code, public mischief carries a maximum sentence of five years imprisonment. If you made a sworn statement to the police about the incident, your efforts to recant it in an affidavit could subject you to more severe perjury charges.

An experienced affidavit lawyer can ensure that your legally binding statement in the document conforms with the vital need for veracity and does not raise other legal complications in relation to the case.

Special Considerations in Criminal Cases

You might be wondering why you should submit an affidavit to seek dropped charges if it can’t serve as a recanted statement to help undo the reasons for your arrest.

Perhaps the most meaningful purpose of an affidavit seeking dropped charges is that it can inform the Crown that the complainant does not plan to be a willing witness during the trial. While they can still force testimony by subpoenaing the complainant, an unwilling witness invariably weakens their case.

An effective affidavit can also help a Crown attorney better assess the case from the victim’s perspective, and provide greater insight into the domestic relationship. The affidavit can explain why the complainant does not want to pursue charges, and perhaps convince the prosecutor that a conviction does not serve the public interest.

The Importance of Legal Advice

You can find affidavit templates and affidavit forms that you can fill out on the Internet. However, other than reviewing these forms as affidavit examples, we recommend that you seek criminal lawyer consultation to ensure that your affidavit meets legal requirements while strategically making a compelling argument for dropping the charges.

If you’re looking for a lawyer for an affidavit near you, consult with the skilled criminal lawyers in Scarborough at Vilkhov Law. With extensive domestic assault case experience in the Greater Toronto Area, call for a free, confidential consultation.

By |2024-02-28T15:29:33+00:00February 26th, 2024|Criminal Defence|

4.2/5 - (10 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 164 reviews fromSasan FaghihSasan Faghih ★★★★★ Quite happy with the service, responsive, took care of my matter effectively.PetruPetru ★★★★★ ⭐️⭐️⭐️⭐️⭐️Vilkhov Law Professional Corporation – Igor VilkhovI’m very grateful to Igor Vilkhov for helping me through a difficult and stressful situation. I was falsely accused of a criminal offense involving a weapon, and thanks to Igor’s professionalism, knowledge, and dedication, everything was handled properly and the matter was resolved.He was always calm, clear, and supportive, which made a big difference during such a challenging time. I highly recommend Vilkhov Law to anyone who needs strong, trustworthy legal help.Thank you again, Igor!GhostGhost ★★★★★ Thank you so much to Igor. V, Daniel. S and especially Ecem. K.They are the best lawyers in Toronto. I had many cases and they all got resolved better then I expected. I'm so happy to have chosen Vilkhov Law Firm to represent me. I highly recommend. They will be my lawyer for the rest of my life. This is the GOLDEN TICKET LAWYER TO FREEDOM.Zahra Heidarian YavandZahra Heidarian Yavand ★★★★★ 🌟🌟🌟🌟🌟I had an outstanding experience working withIgor Vilkhov . From the very beginning, they were incredibly professional, dedicated, and attentive. They handled my case with the utmost care and expertise, and thanks to their hard work, we achieved a favorable outcome.They were always accessible and took the time to explain every step of the process in a way that eased my anxiety. I truly appreciated their patience, empathy, and responsiveness—they never made me feel alone in the process.What really stood out was their commitment to detail and how thoroughly they followed up on every aspect of the case. I could tell they genuinely cared about helping me, not just as a client, but as a person.I highly recommend Igor Vilkhov to anyone seeking legal support. They go above and beyond and deliver results with integrity and compassion.Thank you again for everything!Sean MacNeilSean MacNeil ★★★★★ I cannot recommend Igor's Law Firm highly enough! From start to finish, they took care of absolutely everything, making a stressful situation feel manageable. They ensured I was thoroughly prepared for every step, patiently explaining the process and what to expect.What truly sets this firm apart is Igor's uncanny ability to pick the right people for the right moment. This meant I never had to worry about his judgment; my faith in him and his team was incredibly well placed.When it came to my case, they didn't hesitate to take it on and provided invaluable support leading up to and during the actual court date. My representation on the day, Jackie, was beyond prepared – exactly the kind of sharp, knowledgeable lawyer you want fiercely advocating for you. Her meticulous preparation and strategic thinking were truly impressive.Behind the scenes, Daniel was instrumental in facilitating the flow of information, making sure everything got to the right people efficiently. And a huge shoutout to Joel for his incredible ability to recall and pull relevant, even obscure, case law at precisely the right moment – a testament to his deep expertise.The entire team at Igor's Law Firm operates with professionalism, dedication, and a genuine commitment to their clients. If you're looking for a legal team that truly has your back, look no further.Elijah L.Elijah L. ★★★★★ I had a great experience working with Attorney Igor Vilkhov and his law clerk Daniel Slobodkin. I am an attorney for criminal law and administrative law in California. They previously represented a client of mine about 2 years ago in a serious criminal matter. Thanks to their excellent advocacy and hard work, the charges were withdrawn by the court due to no reasonable prospect of conviction. Their hard work helped bring about a just outcome and absolve my client of the charges.Recently this month, I (as well as my client’s separate firm) needed access to my client’s past criminal case materials for another administrative matter. Mr. Vilkhov and Mr. Slobodkin were extremely helpful and professional in providing the necessary documents and court transcripts. Their prompt assistance and continued support, even years after the case concluded, truly stood out. Mr. Vilkhov was very professional and courteous and his law clerk Daniel was incredibly helpful and friendly, especially toward my client. Daniel also assisted me with filling out the court transcript order form since I am not too familiar with the Canadian court process, titles, numbers or labels.Their professionalism, responsiveness, and dedication to their clients are commendable, even years after my client’s case was concluded. I highly recommend Igor Vilkhov and Daniel Slobodkin to anyone in need of skilled and trustworthy legal representation in criminal defense.Lucia GurzauLucia Gurzau ★★★★★ I had an outstanding experience working with Igor Vilkhov. From our first consultation to the final resolution of my case, they demonstrated exceptional professionalism, deep legal knowledge, and genuine care for my situation. They communicated clearly, responded promptly, and always kept me informed throughout the process. Thanks to their dedication and expertise, we achieved a successful outcome. I highly recommend Igor Vilkhov to anyone in need of reliable and effective legal representation.BillyBilly ★★★★★ Igor is an unreal lawyer to say the least. Igor is a skilled attorney that is personable and reasonable. He was kind enough to explain the process and got me the results I needed. Would absolutely recommend him, excellent criminal lawyer.Ken ThamKen Tham ★★★★★ I cannot express how wonderful it was to work with and be represented by Igor and his team. Right from the start, Igor showed he cared - by listening, showing compassion and empathy for my situation, yet being fully transparent and honest about the process. He answered any and all of my questions and made me feel very secure and at ease. I got the result I wanted and Igor was true to his word in how things would play out. I would not hesitate to call upon Igor again, if needed, and would certainly recommend him. Thanks Igor!B KhanB Khan ★★★★★ Randy RaczRandy Racz ★★★★★ Lucas DeanLucas Dean ★★★★★ Incredibly talented and hard working team of lawyers in all of Ontario, and possibly the country. I cannot properly convey how extraordinary the team at Vilkhov law is. Igor was always willing to take my calls and alleviate my concerns. Joel and Jackie did tremendous work on my trial and spent countless hours working to ensure I was properly prepared for anything.I spent 6 months incarcerated at Toronto South Detention and Igor and his team were always willing to take my calls and even visited me while I was in jail.I am happy to state that I was acquitted of the most serious charges, and received a discharge for the lesser charges. My matters will be finalized shortly and I cannot wait to be free to live my life once more.To Igor, Joel, Jacklyn, and Daniel:Thank you for everything. I wish you all the very best in your pursuits and I will be sure to recommend you as often as possible.Mukesh SethiMukesh Sethi ★★★★★ Igor, provided exceptional legal representation, demonstrating expertise, professionalism, and dedication throughout my case. His strategic approach and deep understanding of criminal law led to a favourable outcome. I highly recommend Igor to anyone in need of a skilled and reliable criminal defence attorney.matthew jmatthew j ★★★★★ I was charged for the very serious offence Igor and his team got me Got my charges acquitted and I was free after 31 months, including a trial, Igor and his team are wonderful at what they do. Highly recommend couldn’t thank Igor enough.Joe OroszJoe Orosz ★★★★★ Igor did an amazing job. Was looking at 4 years 3 charges. Not guilty on all counts. I'd recommend him highly. He assured my freedom, he will do the same for you.Mehboob PatelMehboob Patel ★★★★★ E ME M ★★★★★ Igor is, without a doubt, one of the top lawyers in the country. When I approached him with my case, I was uncertain about the outcome. However, Igor's exceptional support and guidance alleviated my concerns. He was always available to answer my questions, and his flexible payment plan was a huge relief.What impressed me most was Igor's unwavering confidence and commitment. He assured me that he never backs down from trials, and his reputation precedes him. This is what kept me at peace through out the case.Throughout the process, Igor handled my case with utmost professionalism, keeping me informed every step of the way. His office was incredibly helpful, providing regular updates and ensuring a seamless experience.I had 2 charges which have severe consequences but the outcome of my case exceeded my expectations, thanks to Igor's expertise and dedication. I couldn't recommend him more highly, especially for those facing criminal cases. Igor truly goes above and beyond, and his services are unparalleled.x NoVAx NoVA ★★★★★ Igor did amazing job, I was very stressed out when I found out I had been charged with SA but every step of the Igor was there for me and was looking out for my best interest. He was always responsive and kept me up to date with all updates given to him and directly to me, if he wasn’t available he always had someone update me. Got me off my charges and helped me save jail time. Igor is the guy you need if you’re involved in any sort of similar situationforrzen Sherzadforrzen Sherzad ★★★★★ Dear Igor, I just wanted to take a moment to express my heartfelt gratitude for everything you’ve done for us. Your hard work and dedication in getting my husband released from jail mean the world to me. I’m so incredibly happy right now, and I truly believe you are the best lawyer ever!Your expertise and support throughout this process have been invaluable, and I can’t thank you enough. I will definitely be referring you to all my friends and family, and I’ll be leaving a 5-star review to share how amazing you are. Thank you again for everything! 🙏🏽🙏🏽🙏🏽🙏🏽❤️❤️❤️❤️❤️❤️ we are so grateful for you thank you so much Igor you saved Jerome life your are truly the greatest!!!Michie FedericoMichie Federico ★★★★★ Igor and his team were absolutely amazing in helping my daughter out with everything. There were easy to get a hold off and there work is absolutely amazing I highly recommend him and his team.Tony OhTony Oh ★★★★★ Absolutely exceptional! My lawyer provided unwavering support, professionalism, and expertise throughout my case. Igor guided me every step of the way, ensuring I felt heard and protected. I couldn’t have asked for a better advocate. Highly recommended!nnn nnnnnn nnn ★★★★★ I'm very glad that Igor Vilkhov was my lawyer in solving my difficult problems. He is a real high-class professional. Thanks to Igor and his team ( special thanks to Daniel Slobodsky). My case was successfully completed. Excellent professional work with positive results. Highest recommendations! Roman M.Richard HyltonRichard Hylton ★★★★★ I cannot thank Igor enough for his amazing service. I was facing a serious charge that felt overwhelming. But Igor’s calm demeanour and level headed approach to my case gave me reassurance.Thanks to his amazing work everything was completely withdrawn, which allowed me to reclaim my life. I feel free to move forward without the weight of this hanging on my head. Thank God for Igor’s services! If you need a criminal lawyer, hire him!js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top