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Witness Statement Of Truth Template for Canada

A Witness Statement of Truth is a formal legal document used in Canadian jurisdictions where an individual provides sworn testimony about facts or events relevant to a legal proceeding. The document must comply with federal legislation such as the Canada Evidence Act and relevant provincial laws governing sworn statements. It serves as written evidence in court proceedings and must be authenticated by a qualified official such as a Commissioner for Oaths or Notary Public. The statement contains the witness's direct testimony, presented in a structured format with numbered paragraphs, and includes declarations about the truthfulness of the content under penalty of perjury.

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What is a Witness Statement Of Truth?

A Witness Statement of Truth is a crucial document in Canadian legal proceedings, used when an individual needs to provide formal, sworn testimony about facts or events relevant to a case. This document type is commonly required in civil litigation, criminal proceedings, administrative hearings, and various regulatory matters. The statement must comply with both federal and provincial legislation, including the Canada Evidence Act and provincial evidence acts. It typically includes detailed factual accounts, may reference supporting exhibits, and must be sworn or affirmed before a Commissioner for Oaths or Notary Public. The document is particularly important as it can serve as evidence in court proceedings and may be used in place of or in addition to oral testimony. A Witness Statement of Truth carries serious legal weight, as making false statements can result in perjury charges under Canadian law.

What sections should be included in a Witness Statement Of Truth?

1. Statement Header: Identifies the court, case number, parties involved, and title of the document

2. Witness Information: Full name, address, occupation, and relationship to the case or parties

3. Basis of Knowledge: Explanation of how the witness has knowledge of the matters stated

4. Statement of Truth Declaration: Standard declaration that the witness believes the facts stated are true

5. Core Statement: The main body of evidence presented in numbered paragraphs, typically in chronological order

6. Signature Block: Witness signature, date, and commissioner's authentication

7. Authentication: Commissioner for Oaths or Notary Public verification and stamp

What sections are optional to include in a Witness Statement Of Truth?

1. Exhibits List: Used when the witness statement references supporting documents or evidence

2. Language Certification: Required when the witness statement was given in a language other than English and translated

3. Capacity Statement: Required when the witness is making the statement in a professional or official capacity

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

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

What schedules should be included in a Witness Statement Of Truth?

1. Exhibit A, B, C, etc.: Referenced documents, photographs, or other physical evidence mentioned in the statement

2. Translation Certificate: If applicable, certification of translation accuracy by a qualified translator

3. Professional Credentials: If the witness is testifying as an expert, documentation of their qualifications

4. Timeline of Events: Chronological listing of events described in the statement

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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