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Witness Statement Declaration Template for Canada

A Witness Statement Declaration is a formal legal document used in Canadian jurisdictions where an individual provides a written account of their direct knowledge, observations, or experiences relevant to a legal matter. The document must be sworn or affirmed before an authorized official such as a Commissioner for Oaths or Notary Public, making it admissible as evidence in legal proceedings. It serves as a crucial piece of documentary evidence in both civil and criminal matters, containing detailed factual information presented in a structured format that complies with Canadian federal and provincial evidence requirements.

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What is a Witness Statement Declaration?

A Witness Statement Declaration is a vital legal instrument used across Canadian jurisdictions to document testimony from individuals with direct knowledge of facts relevant to legal proceedings. This document type is employed when written evidence is required in court cases, administrative hearings, or other legal matters where formal documentation of witness testimony is necessary. The declaration must be properly executed before an authorized official and comply with both federal and provincial requirements for sworn statements. Common uses include civil litigation, criminal proceedings, insurance claims, workplace investigations, and administrative tribunals. The document captures detailed factual information, presented chronologically or thematically, and may include references to supporting exhibits or documents. The formal nature of a Witness Statement Declaration carries serious legal implications, with penalties for false statements under Canadian perjury laws.

What sections should be included in a Witness Statement Declaration?

1. Statement Header: Title of document, court/tribunal reference numbers if applicable, and case identification

2. Declarant Information: Full legal name, address, occupation, and any relevant relationship to the case

3. Statement of Truth: Declaration that the contents are true to the best of the witness's knowledge and belief

4. Subject Matter Introduction: Brief overview of the purpose of the witness statement and context

5. Main Statement Content: Chronological or thematic narrative of events or facts being testified to

6. Document References: List and description of any documents referenced in the statement

7. Signature Block: Witness signature, date, and place of signing

8. Commissioner Declaration: Commissioner for Oaths or Notary Public attestation section

What sections are optional to include in a Witness Statement Declaration?

1. Interpreter Certification: Required when the witness statement was given through an interpreter, including interpreter's credentials and declaration

2. Vulnerability Statement: Required for vulnerable witnesses, stating any special needs or accommodations

3. Supplementary Information: Additional context or background information relevant to understanding the witness's testimony

4. Corrections and Amendments: Section for any corrections made to the original statement, with dates and initials

5. Previous Statements Reference: Required when the witness has made previous statements about the same matter

What schedules should be included in a Witness Statement Declaration?

1. Exhibit List: Detailed inventory of all documents, photographs, or other items referenced in the statement

2. Document Copies: Copies of relevant documents referenced in the statement, each properly marked as exhibits

3. Photograph Schedule: Photographs referenced in the statement, with descriptions and context

4. Timeline: Chronological sequence of events described in the statement, if complex

5. Maps or Diagrams: Any visual aids referenced in the statement to illustrate locations or sequences of events

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Document Type

Witness Statement

Cost

Free to use

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