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1. THREAD: Why are sworn affidavits still a thing? I've seen no empirical evidence that documents sworn before a notary/lawyer are more reliable. Most tribunals admit unsworn statements & having held 100s of hearings I've noticed no difference, credibility-wise. #COVID19 #BCLaw
2. But what if people lie? If you're going to lie to a court or tribunal, it's unlikely that swearing a document in front of a notary is going to change that. There are serious statutory and common law consequences for misleading a judicial body, including fines/imprisonment.
3. But swearing an affidavit doesn't hurt, right? It hurts marginalized people. When I interviewed community legal advocates for a forthcoming paper on fee waivers, many pointed to the courts' requirement for a sworn affidavit as a major access barrier for low-income clients.
