Lawyers taking affidavits (erratum)

A headline in the last issue of the Bulletin, "Lawyers may not take affidavits in other provinces," could cause confusion. As the article itself correctly explains, a BC lawyer cannot take an affidavit in Alberta for use in Alberta under the legislation of that province. Likewise, a lawyer from another province cannot take an affidavit in BC for use in BC.

What should be clarified is that a BC lawyer, as a commissioner for taking affidavits for British Columbia, does have authority to administer oaths and take affidavits, declarations and affirmations outside of BC for use in BC: see section 59 and related sections of the BC Evidence Act.