Everything you need to know about affidavits and statutory declarations in Saskatchewan—what they are, when to use them, how to prepare them, and where to get them sworn.
Affidavits and statutory declarations are fundamental legal documents in Saskatchewan, used in court proceedings, government applications, business transactions, and countless other situations. Understanding when and how to use each document can save time, prevent errors, and ensure your statements carry proper legal weight.
This comprehensive guide explains everything about affidavits and statutory declarations in Saskatchewan, including their differences, requirements, and how to properly prepare and execute them.
An affidavit is a written statement of facts that someone swears or affirms to be true before an authorized person (usually a lawyer, notary public, or commissioner for oaths). The person making the statement is called the "deponent" or "affiant."
Affidavits are primarily used in legal proceedings and court matters.
Written Format: The facts must be in writing, organized in numbered paragraphs.
First-Person Statement: Written from the deponent's personal perspective ("I saw..." "I believe..." "I am informed...").
Personal Knowledge: Facts must be based on personal knowledge, not hearsay (with limited exceptions).
Sworn or Affirmed: Must be sworn under oath (religious) or affirmed (non-religious) before an authorized person.
Jurat: A formal certification at the end, signed by the person administering the oath.
Consequence: Making false statements in an affidavit is perjury, a criminal offense.
A statutory declaration is a formal written statement declaring certain facts to be true. Like an affidavit, it's made before an authorized person, but statutory declarations are typically used outside of court proceedings.
Written Statement: Facts declared in writing.
Solemn Declaration: Made solemnly, understanding legal consequences of false statements.
Broader Use: Generally for non-court matters (government forms, business purposes, personal declarations).
Legal Consequence: False declarations can result in criminal charges under the Canada Evidence Act.
Commissioner or Notary: Made before a commissioner for oaths or notary public.
| Feature | Affidavit | Statutory Declaration |
|---|---|---|
| Primary Use | Court proceedings | Non-court matters |
| Authority | Provincial court rules | Canada Evidence Act |
| Situations | Litigation, applications | Government forms, personal |
| Format | Strict requirements | Flexible |
| Who Can Take | Lawyers, commissioners, notaries | Commissioners, notaries |
| False Oath | Perjury (Criminal Code) | Canada Evidence Act offense |
The practical distinction: Use affidavits for court; use statutory declarations for everything else.
Civil Litigation:
Family Law:
Small Claims:
Other Court Matters:
Saskatchewan affidavits must follow specific formatting rules:
Title:
COURT FILE NO.: [number]
JUDICIAL CENTRE: [location]
IN THE COURT OF KING'S BENCH
BETWEEN:
[Plaintiff Name], Plaintiff
-and-
[Defendant Name], Defendant
AFFIDAVIT OF [YOUR NAME]
Opening Paragraph:
I, [Full Name], of the [City/Town] of [Location], in the Province of Saskatchewan, [occupation], MAKE OATH AND SAY (or AFFIRM):
Numbered Paragraphs: Each fact in a separate numbered paragraph.
Personal Knowledge: State facts you personally know, saw, or heard.
Attachments: If exhibiting documents, reference them ("Attached as Exhibit 'A' is a copy of...")
Conclusion:
SWORN (or AFFIRMED) before me at the
[City/Town] of [Location], in the Province
of Saskatchewan, this ___ day of _______,20__.
_______________________ _______________________
A Commissioner for Oaths [Your Signature]
in and for Saskatchewan [Your Name]
Use First Person: "I saw..." "I heard..." "I believe..."
Stick to Facts: Not arguments or opinions (unless expert affidavit)
Organize Chronologically: Present events in order when possible
Be Specific: Include dates, times, locations, specific details
Avoid Hearsay: State what you personally know, not what others told you (unless specifically permitted)
Exhibit Documents: Reference and attach relevant documents
Be Truthful: False statements are perjury
Statutory declarations are less formal but still follow a structure:
Title:
STATUTORY DECLARATION
Opening:
I, [Full Name], of [Address], in the Province of Saskatchewan, do solemnly declare that:
Numbered Points: State each fact or declaration
Conclusion:
AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.
DECLARED before me at the _______________________
[City/Town] of [Location], in the [Your Signature]
Province of Saskatchewan, this ___
day of _______, 20__.
_______________________
A Commissioner for Oaths
in and for Saskatchewan
For Affidavits and Statutory Declarations:
Step 1: Prepare the Document Have the complete affidavit or declaration prepared but don't sign it yet.
Step 2: Bring Photo ID Government-issued photo identification (driver's license, passport).
Step 3: Appear in Person You must appear before the commissioner/notary in person.
Step 4: Confirm Understanding The commissioner will ask if you've read and understand the document.
Step 5: Oath or Affirmation Choose whether to swear an oath (religious) or make an affirmation (non-religious). Both have equal legal weight.
Step 6: Sign in Presence Sign the document in front of the commissioner.
Step 7: Commissioner Signs The commissioner signs and seals the document, completing the jurat.
Used to prove legal documents were served on another party.
Must Include:
Used in family law matters to disclose income, assets, and debts.
Must Include:
Lists all relevant documents in a legal proceeding.
Must Include:
Proves a defendant hasn't responded to legal action.
Must Include:
Presents factual evidence to the court.
Must Include:
Signing Before Swearing: Never sign until you're in front of the commissioner.
Including Hearsay: Don't state things you don't personally know (with limited exceptions).
Being Vague: Provide specific details, dates, times, locations.
Including Argument: Stick to facts, not legal arguments.
Improper Exhibits: Label and reference exhibits correctly.
Wrong Format: Use proper court formatting for affidavits going to court.
Not Reading First: Always read the entire document before swearing.
False Statements: Lying in affidavits is perjury—a criminal offense.
Commissioner for Oaths Fees:
Notary Public Fees:
Mobile Service:
After-Hours Service:
What's Included:
Current Saskatchewan Position: Saskatchewan generally requires in-person swearing of affidavits and declarations. Remote commissioning is not widely permitted.
Exceptions: Some temporary measures during COVID-19 allowed remote commissioning, but current rules generally require physical presence.
Future: This may change as provinces modernize processes.
Affidavits sworn in other provinces are generally accepted in Saskatchewan courts if properly commissioned.
Statutory declarations from other provinces are typically accepted for non-court purposes.
Verification: Ensure the person administering the oath had proper authority in their province.
Affidavits can be challenged for:
Proper preparation prevents challenges.
We provide comprehensive affidavit and statutory declaration services:
Commissioning Services:
Preparation Assistance:
Flexible Service:
Competitive Pricing:
24/7 Emergency Service:
Q: Can I swear an affidavit and email it instead of filing the original? A: Court rules vary. Many Saskatchewan courts require original sworn affidavits, though some accept electronic copies in certain circumstances.
Q: How long is an affidavit valid? A: Affidavits don't expire, but courts may question old affidavits. Facts should be current and relevant to the proceeding.
Q: Can I make changes to an affidavit after it's sworn? A: Minor corrections can sometimes be initialed. Substantive changes require swearing a new affidavit.
Q: What if I realize I made an error in my affidavit? A: Swear a new affidavit correcting the error. Don't try to hide mistakes—honesty is crucial.
Q: Do I need a lawyer to prepare an affidavit? A: No, but for court matters, legal advice is wise. We can commission affidavits but don't provide legal advice.
Q: Can someone else swear an affidavit on my behalf? A: No. You must personally appear and swear to facts you know.
When you need professional affidavit or statutory declaration services in Saskatchewan:
Email: info@southsaskprocess.ca
We provide:
Whether you need a court affidavit, statutory declaration, or help understanding which document you need, contact us today for professional, reliable service throughout Saskatchewan.
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