The Affidavit of Surety is a fundamental document in Canadian criminal proceedings, particularly in bail (judicial interim release) situations. This sworn statement is required when someone wishes to act as a surety for an accused person, essentially serving as a guarantor for their compliance with bail conditions. The document must comply with both federal requirements under the Criminal Code of Canada and specific provincial court rules. It includes detailed information about the surety's identity, relationship to the accused, financial status, and understanding of their obligations. The affidavit must be properly executed before a commissioner of oaths and typically accompanies bail hearing submissions. It serves as a crucial tool for courts to assess the suitability of proposed sureties and helps ensure the effectiveness of the bail system.
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1. Identification and Personal Information: Surety's full legal name, address, occupation, and other identifying information
2. Relationship Declaration: Details of the relationship between the surety and the accused person
3. Financial Capacity Statement: Declaration of the surety's financial status, income, assets, and ability to pay the bail amount
4. Understanding of Obligations: Explicit statement confirming the surety understands their legal responsibilities and obligations
5. Accused Person Details: Information about the accused person, including their charges and case number
6. Supervision Plan: Details of how the surety will supervise and ensure the accused's compliance with bail conditions
7. Truth Declaration: Standard declaration that the information provided is true and accurate
8. Signature and Notarization: Space for surety's signature and commissioner of oaths' certification
1. Co-Surety Information: Required when multiple sureties are jointly guaranteeing the accused's bail
2. Property Pledge: Needed when specific property is being pledged as security
3. Special Conditions: Required when there are unique supervision requirements or conditions
4. Immigration Status: Necessary when the surety's immigration status is relevant to their ability to act as surety
5. Criminal Record Declaration: May be required in some jurisdictions to confirm the surety's criminal history or lack thereof
1. Schedule A - Financial Statement: Detailed breakdown of surety's assets, liabilities, income, and expenses
2. Schedule B - Property Details: Specific information about any property being pledged, including proof of ownership and value
3. Schedule C - Supporting Documents: List of attached documents such as pay stubs, bank statements, or property assessments
4. Appendix 1 - Supervision Agreement: Detailed plan outlining how the surety will monitor and supervise the accused
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