Affidavits Requesting That Criminal Charges Be Withdrawn in Ontario

When someone is involved in a criminal matter in Ontario, they may hear about the possibility of providing an affidavit and statement expressing their wishes regarding the continuation of a case. In certain situations, a complainant may choose to provide a sworn affidavit outlining relevant facts and indicating that they do not wish criminal charges to proceed.

While an affidavit can be an important legal document, it is essential to understand its purpose, requirements, and limitations.

What Is an Affidavit?

An affidavit is a written statement of facts that is sworn or affirmed to be true in the presence of a Commissioner for Oaths, Notary Public, or other authorized official. Once properly commissioned, the affidavit becomes a legal document that may be submitted as evidence in court proceedings or provided to legal counsel.

Affidavits are commonly used in a variety of legal matters, including:

• Criminal proceedings

• Family law matters

• Civil litigation

• Immigration applications

• Estate and probate matters

Because an affidavit is a sworn statement, it carries significant legal weight.

Affidavits in Criminal Matters

In some criminal cases, particularly domestic-related matters, a complainant may choose to provide an affidavit outlining the circumstances of the situation and their wishes regarding the prosecution.

The decision to continue or withdraw criminal charges ultimately rests with the Crown Attorney's Office. An affidavit does not automatically result in charges being dropped. However, it may be one factor considered by the Crown when reviewing a case.

It is important to understand that the complainant must make the decision to prepare and submit the affidavit independently. The accused person and their lawyer should not be involved in drafting or influencing its contents.

Important Requirements for Affidavits

1. The Information Must Be Truthful

An affidavit has the same legal significance as testimony given under oath in court. Any statements included must be truthful and accurate. Making false statements in an affidavit may have serious legal consequences, including potential criminal charges.

2. The Affiant Must Have Personal Knowledge

The person signing the affidavit should only include facts they personally know to be true. Opinions, assumptions, speculation, or information obtained from others may not be appropriate.

3. The Affidavit Must Be Properly Commissioned

Before an affidavit can be used, it must be signed in the presence of an authorized official who will verify the identity of the person signing and administer the oath or affirmation.

4. Timing Can Be Important

In legal proceedings, timing often matters. If an affidavit is being prepared for use in an ongoing court matter, obtaining legal advice as early as possible may be beneficial. Because every case is unique, individuals should consult a qualified criminal defence lawyer regarding their specific circumstances and the legal implications of providing an affidavit.

How We Can Help

As a Notary Public and Commissioner for Oaths in Ontario, we can commission affidavits and other sworn declarations. During the appointment, we will:

• Verify your identity

• Confirm that you understand the document you are signing

• Administer the oath or affirmation

• Witness your signature

• Complete the commissioning process

Please note that we do not provide legal advice, determine what should be included in your affidavit, or advise whether an affidavit should be submitted in a particular legal matter. If you require legal guidance, you should consult a qualified lawyer.

Contact Us

If you already have an affidavit prepared and need it commissioned, we would be pleased to assist. We offer professional affidavit commissioning services for clients throughout Markham, Richmond Hill, Vaughan, and the Greater Toronto Area.

Contact us today to schedule an appointment and have your affidavit properly commissioned by an Ontario Notary Public and Commissioner for Oaths: https://www.affordablemarkhamnotary.com/book-online