An affidavit is not the same as a statutory declaration, although they have a similar purpose. An affidavit is a sworn statement of fact chronologically detailing the events, evidence, and knowledge of a particular matter. It is often used to give evidence in court proceedings. Evidence being attached to the Affidavit is called an Exhibit. Exhibits are alphabetically listed from “A” onward and each Exhibit must be individually sworn as to the accuracy of the information. The person swearing under oaths to the truthfulness of the Affidavit is called the Affiant or Deponent.
A statutory declaration is also a sworn statement of fact detailing the evidence, transactions, progress, status or discrepancies of a particular issue. It is often based on or subject to a specific statute, policy, or legislative requirements where the individual must provide specific detailed answers pursuant to or referring to the enumerated points or sections of the legislation. It is often required by various other government agencies to secure information from an individual outside the context of court proceedings. Evidence being attached to the statutory declaration can be called Exhibit, but it is often referred to as an Attached Document and is not subject to being sworn individually as to the accuracy of the information. Although, in certain situations, notarized true copies of the documents may be attached as supporting documents. The person declaring the truthfulness under the statutory declaration is called the Declarant.
It is noteworthy that an intentional false statement within an Affidavit or a Statutory Declaration is ground for dismissal, revocation of membership and professional licences and can carry criminal sanctions and penalties pursuant to s. 131 of the Criminal Code of Canada. Therefore, it would be wise to consult with a practising lawyer regarding your statements before swearing, signing and submitting them to the courts or the authorities.
A statutory declaration is also a sworn statement of fact detailing the evidence, transactions, progress, status or discrepancies of a particular issue. It is often based on or subject to a specific statute, policy, or legislative requirements where the individual must provide specific detailed answers pursuant to or referring to the enumerated points or sections of the legislation. It is often required by various other government agencies to secure information from an individual outside the context of court proceedings. Evidence being attached to the statutory declaration can be called Exhibit, but it is often referred to as an Attached Document and is not subject to being sworn individually as to the accuracy of the information. Although, in certain situations, notarized true copies of the documents may be attached as supporting documents. The person declaring the truthfulness under the statutory declaration is called the Declarant.
It is noteworthy that an intentional false statement within an Affidavit or a Statutory Declaration is ground for dismissal, revocation of membership and professional licences and can carry criminal sanctions and penalties pursuant to s. 131 of the Criminal Code of Canada. Therefore, it would be wise to consult with a practising lawyer regarding your statements before swearing, signing and submitting them to the courts or the authorities.
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