In Ontario, the complainant in a criminal case may ask the Crown to drop charges by submitting a sworn affidavit — especially in domestic or sexual assault matters. While this legal tool can be powerful, it’s also complex and carries serious risks if mishandled. In this guide, we explain how affidavits work, who can submit them, and why working with an experienced legal team like Mass Tsang LLP is critical to getting the best possible outcome.
Criminal suspects who face the Canadian legal system for the first time are often exposed to unfamiliar terminology when they attend court. The legal field has its language, and legal terms like “mens rea,” “estoppel,” “amicus curiae,” “injunction,” and many others are rarely used outside the courtroom. A criminal defendant does not have to be familiar with legal terminology to successfully navigate the legal system. However, some criminal defendants may want to learn what an “affidavit” is, as it can be used to convince the Crown to drop the charges.
In Ontario and Canadian law, an affidavit is a sworn statement of facts regarding a legal matter in criminal or civil law. The person who signs the affidavit is known as the “affiant,” and whatever they sign is sworn or affirmed to be true in front of a lawyer, notary public, or commissioner for taking affidavits.
In civil law, affidavits are often used to confirm an affiant’s identity, their legal ability to enter a contract, or that they’ve performed a required legal obligation. In criminal law, an affidavit can serve as written evidence, providing a sworn statement of facts from a witness or victim that becomes part of the case record.
When used to seek dropped charges from the Crown, an affidavit is a sworn statement of facts from the complainant that presents new information or evidence about the case, which can provide the Crown with justification for dismissing the charges.
“A lot of our clients are shocked by how broad the legal definition is,” — Jeff Mass , Managing Partner at Mass Tsang LLP.
When a domestic assault victim wants to drop charges, it’s usually because they never wanted the charges laid in the first place, or they’ve had a change of heart and regret getting the police involved. The Canadian government’s proactive approach to addressing what’s perceived as an epidemic of domestic assault encourages Ontario police to have zero tolerance when responding to domestic assault calls.
Thus, if police can find any evidence that an assault occurred, they will usually arrest the party they believe is responsible. Whether the alleged victim or a third party called the police, oftentimes the partner of the one charged was never interested in laying charges. Even victims who were initially happy to see their partner charged often find themselves regretting it when they realize how the severe consequences of a conviction will disrupt their lives and put additional stress on the relationship.
Some sexual assault victims also decide to ask the Crown to drop the charges because they regret reporting the incident or they don’t want to endure the hassle of proceeding with the prosecution. Simple assault victims ask the Crown to drop charges for similar reasons. In general, complainants are often most interested in dropping charges if they have a close relationship with the accused.
Understanding the legal context is essential when considering affidavits to drop charges. Sexual assault and domestic violence cases fall under various sections of the Criminal Code of Canada , notably:
| Section | Description |
|---|---|
| 271 | Sexual Assault |
| 272 | Sexual Assault with a weapon, threats to a third party or causing bodily harm |
| 273 | Aggravated Sexual Assault |
It is essential to distinguish between basic sexual assault, aggravated sexual assault, and sexual assault involving a weapon, as the legal implications and potential defences vary significantly.
“Contrary to popular belief, many allegations don’t make it to trial…” — Robbie Tsang , Defence Lawyer at Mass Tsang LLP.
Because an affidavit is a legal document that becomes part of the proceedings in criminal law, a complainant planning to submit one to seek dropped charges against a defendant should speak to a qualified criminal defence lawyer. The complainant should not talk to the defendant’s lawyer, as neither the defendant nor their lawyer can play a role in developing and submitting this type of affidavit.
Affidavits must conform with specific legal requirements, and affiants must understand any potential legal implications of what they attest to in the document. For example:
A skilled criminal defence lawyer, like those at Mass Tsang LLP, can draft an effective affidavit that helps the Crown attorney understand the victim’s perspective about the charges and why they want the charges dropped. In domestic assault cases, an affidavit can give the Crown a better perspective about the relationship and whether charges arose from a misunderstanding or if no actual violence occurred.
Most importantly, an affidavit can signal to the Crown that the complainant may not be a willing witness, thereby weakening the prosecution’s case.
Dropped charge affidavits are most effective when submitted early in the case proceedings. However, an affidavit can influence the Crown lawyer’s assessment at any stage and may impact pre-trial negotiations between the defence and Crown.
By submitting affidavits early, Crown lawyers gain more insight into the incident, the relationship dynamics, evidentiary strength, and whether pursuing the case serves the public interest.
The criminal defence team at Mass Tsang LLP has successfully defended hundreds of sexual assault and domestic violence cases across the Greater Toronto Area. We carefully audit every case to identify the best defence strategies and have used affidavits effectively to secure dropped charges for many clients.
Our approach includes:
Contact us for a free initial consultation to learn how we can help you prepare an affidavit or assist you with any criminal defence needs.
| Aspect | Details |
|---|---|
| Purpose | Sworn statement by the complainant to influence the Crown to drop charges |
| Who can submit? | Only the complainant (victim), not the accused or their lawyer |
| Legal risks for the affiant | Perjury, public mischief if the affidavit contains false or contradictory information |
| Most effective timing | Early in the proceedings to impact the Crown’s decision and pre-trial negotiations |
| Common cases | Domestic assault, sexual assault, simple assault |
| Mass Tsang expertise | Drafting affidavits, case audits, defence strategy, courtroom representation |
Submitting an affidavit to dismiss criminal charges is a legally sensitive process that requires careful preparation and expert guidance. The criminal defence lawyers at Mass Tsang LLP bring deep experience, authoritative knowledge, and practical skills to support complainants in this process while protecting the rights of all parties involved. Early legal involvement increases the chances of a favourable outcome, making it essential to consult trusted professionals as soon as possible.
