Affidavit Of Jane Doe (Page 2 of 8) in pdf

Information and Instruction Guide for Commissioners for Taking Affidavits for British Columbia

A. General

B. How to Take an Affidavit

or Statutory Declaration

A Commissioner for Taking Affidavits may administer

oaths and affirmations and take affidavits and statutory

1. Identity of the Person Making the Statement

declarations as permitted or required by law. This

Whether you are administering an oath, affirmation

authority, however, may be limited by special restrictions,

or declaration, you must be satisfied you know the

terms or conditions in the appointment order, which

identity of the person making the written statement

is why it is important for commissioners to read their

(who may be referred to as the deponent, affirmant

appointment orders carefully so they are aware of any

or declarant). Ask the person whether they are the

limitations that apply to their appointments.

same person the affidavit (statutory declaration)

Note: An appointment as a Commissioner for Taking

names as making the written statement. If the person

Affidavits does not authorize a person to certify or verify

is someone you do not know personally, the person

documents.

should be required to produce some reliable means

of identification (such as a government-issued ID that

What is an Oath?

includes the person’s name, current address, signature

Generally speaking, an oath is a solemn promise, either

and photograph).

to do something or that something is true. It is the way a

person signifies that they are bound in conscience to act

2. Capacity of the Person Making the Statement

faithfully and truthfully. An oath usually includes an appeal

You must also be satisfied that the person making

to God, or to a sacred object, to witness the person’s

the written statement (who may be referred to as

words and to impose punishment if the person does not

the deponent, affirmant or declarant) understands

act truthfully. Under the Interpretation Act, “oath” includes

the contents of the document and appreciates the

an affirmation, a statutory declaration or a solemn

significance of making the affidavit or statutory

declaration made under the British Columbia Evidence Act

declaration. If you have any concerns about

or the Canada Evidence Act.

someone’s understanding of the statements in the

document or of the nature of the process they are

What is an Affirmation?

about to engage in, such concerns may be addressed

An affirmation is a solemn and formal declaration that an

by asking them to summarize one or two items in the

affidavit is true or that a person will tell the truth.

statement or by explaining to them that affidavits and

statutory declarations may be used to establish legal

What is an Affidavit?

rights, they may be used as evidence in court and,

An affidavit is a statement of facts made in writing, which

under the Criminal Code of Canada, it is an offence to

is confirmed by the oath or affirmation of the person

make a false statement.

making it before someone who has the authority to

If you have any reason to think the person does not

administer an oath or affirmation.

understand the contents of the statement or does

What is a Statutory Declaration?

not appreciate the significance of the undertaking

(or is not acting of their own free will), you should not

Like an affidavit, a statutory declaration is a statement

proceed.

of facts made in writing. The statement is verified by the

solemn declaration of the person making the statement.

If an apparent lack of understanding is due to a

Statutory declarations may be required pursuant to

language barrier, the affidavit or statutory declaration

various statutes. The form of a statutory declaration is

may be taken with the assistance of an interpreter,

mandated by the Canada Evidence Act and the British

according to instructions in this guide. (See page 4:

Columbia Evidence Act, as follows:

7. Procedure When Person Making Statement Does

Not Understand English.).

I, [name], solemnly declare that [state the facts declared to],

and I make this solemn declaration conscientiously believing

it to be true and knowing that it is of the same legal force and

effect as if made under oath.

Affidavit Of Jane Doe Page 2

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