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The words “dropped charges” are often a source of relief for anyone accused of a crime in Canada. But how can this happen?
While the defence lawyer can request a withdrawal during pre-trial discussions, the Crown will usually proceed unless:
Of all available tools, an affidavit from the complainant is often the most effective. A verbal request alone typically carries less legal weight. A signed affidavit becomes part of the case record and may significantly influence the Crown’s decision.
It’s essential to note that the accused and their lawyer cannot assist in or draft this affidavit. The process must be initiated solely by the complainant.
“An affidavit is a powerful legal instrument, but it must be used with caution and legal guidance. A poorly written affidavit can do more harm than good.”
— Benson Wilson, Criminal Defence Lawyer at Vilkhov Law
An affidavit is a sworn, written statement of facts made voluntarily by a person (the “affiant”) and signed in front of a commissioner for oaths, lawyer, or notary public. It becomes part of the legal record and can be used as evidence in court proceedings.
Affidavits requesting the Crown to drop charges are most common in:
| Case Type | Typical Reason for Dropping Charges |
|---|---|
| Domestic Assault | The complainant didn’t intend for the charges to proceed |
| Sexual Assault (minor) | Complainant regrets reporting or feels it was an overreaction |
| Simple Assault | Incident viewed as a misunderstanding; not severe enough to justify conviction |
In many domestic or personal relationships, the alleged victim may feel the legal system’s response is disproportionate. They may worry about the long-term impact on their partner or family. In other situations, especially when the complaint was made under emotional distress or in circumstances that were misunderstood, the complainant might no longer wish to participate in the legal process.
The term “affidavit of non-prosecution” is often used in the U.S., but there’s no direct Canadian equivalent. In Canada, it is simply an affidavit submitted by the complainant presenting new facts or a change in perspective that may persuade the Crown to withdraw charges.
Only the complainant (the alleged victim) can submit this type of affidavit. The accused or their defence lawyer cannot write or file the affidavit on their behalf.
| Participant | Can I Submit an Affidavit to Have Charges Dropped? |
|---|---|
| Complainant | ✅ Yes |
| Accused | ❌ No |
| Defence Lawyer (accused) | ❌ No (but can assist indirectly) |
Preparing an affidavit to request the withdrawal of criminal charges is not as simple as writing a personal letter. It is a formal legal document and must meet strict criteria to be accepted by the court or considered by the Crown attorney. Before submitting such an affidavit, several key legal considerations must be taken into account:
| Action | Potential Legal Consequences |
|---|---|
| Lying in the affidavit | Perjury (Criminal Code Section 131) |
| Changing previous sworn testimony | Public Mischief (Criminal Code s. 140) |
| Making false allegations | Defamation, obstruction of justice |
“An affidavit should never be submitted without understanding the full legal impact. Even one poorly chosen word can become grounds for prosecution.”
— Benson Wilson, Vilkhov Law
Your best course of action is to consult with a criminal defence lawyer. They will ensure your affidavit is:
Once the affidavit has been adequately prepared, reviewed, and sworn before a commissioner or notary, the next critical step is submitting it to the Crown attorney. Here’s how the process works:
Although the affidavit is written and sworn by the complainant (the victim), it is typically submitted to the Crown by the complainant’s lawyer. Suppose the complainant does not have independent legal counsel. In that case, they may still seek assistance from a criminal defence lawyer who understands how to handle such situations delicately and within the bounds of the law.
The accused and their lawyer are not allowed to prepare or submit this affidavit on the complainant’s behalf.
The affidavit is submitted directly to the Crown prosecutor assigned to the case. This ensures that the prosecutor receives the affidavit in time to consider it before trial or any key pre-trial decisions. The delivery can happen:
Once received, the affidavit is entered into the official case file. This means it becomes part of the record and is considered during Crown reviews and decision-making. It must also be disclosed to the defence, as required by Canadian law.
If legal counsel represents the accused, the Crown will share a copy of the affidavit with them. This is standard procedure to ensure fairness and transparency. If the accused is unrepresented (self-represented), the Crown is required to provide the affidavit directly to them.
Timing is critical. If the affidavit is received before the Crown has decided on trial proceedings, it can substantially influence their position. The affidavit may lead to:
If you’re a complainant looking to drop charges — especially in sensitive cases like domestic or sexual assault — reach out to Vilkhov Law. Our experienced lawyers, including Benson Wilson, can help you:
An affidavit can help shape the course of a criminal case in Toronto, but it’s not a guarantee. Submitting a legally sound affidavit at the right time and with the correct wording is critical, and that requires skilled legal help.
