Form 21 (CSR-21) – Affidavit in Support of Application for Review of Parole Ineligibility

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 21 (CSR-21) – Affidavit in Support of Application for Review of Parole Ineligibility?

Form 21 (CSR-21) is a sworn affidavit. You use it to support your application to have your parole ineligibility reviewed by the Superior Court of Justice in Ontario. It is part of the Criminal Proceedings Rules used in that court. The affidavit is your evidence in written form. It explains why a judge should allow your review to move forward.

You file this affidavit with your application materials. It presents the facts that show your case has a reasonable prospect of success. It focuses on your conduct, your character, the offence circumstances, your progress in custody, your release plan, and any other relevant matters. You attach documents as exhibits to prove what you say.

Who typically uses this form?

People serving life sentences who are eligible to seek a review of their parole ineligibility use it. Counsel often prepares it. You, as the applicant, usually swear or affirm it. Sometimes a family member, case manager, or other witness swears an affidavit as well. But Form 21 is designed for you, the applicant, to present your evidence in a structured way.

Why would you need this form?

The review process is two-stage. A judge first screens the application. The judge decides if your case has a reasonable prospect of success. If it does, the matter can proceed to the next stage. Your affidavit is central to that first step. It puts forward the facts that support your request. Without a strong affidavit, your application may not pass the initial screen.

Typical usage scenarios

• You are serving a life sentence with a long ineligibility period. You have completed the minimum time required for a review under federal law. You want the court to consider reducing your ineligibility period so you can seek parole sooner.
• You were convicted years ago and have a lengthy record of institutional progress. You have completed programs, hold jobs, and have a clear release plan. You now wish to place that progress before the court.
• You have health, age, or rehabilitative factors that make your continued ineligibility period disproportionate. You want the court to consider those factors.
• You have support from community sponsors. You have documented treatment or education achievements. You want the court to know these facts at the screening stage.

This form is not a parole application. It does not ask the court to grant parole. It asks the court to allow your parole ineligibility to be reviewed. If the review proceeds, a jury or judge may later decide whether to reduce the ineligibility period. Your affidavit helps open that door.

When Would You Use a Form 21 (CSR-21) – Affidavit in Support of Application for Review of Parole Ineligibility?

You would use this form when you are eligible under federal law to seek a review of your parole ineligibility. Eligibility depends on the date of the offence, the sentence imposed, and the time served. Not every person with a life sentence can use this process. Before you draft the affidavit, confirm that you meet the legal thresholds. If you are eligible, Form 21 is the standard sworn statement used in the Ontario Superior Court of Justice for this step.

Practical examples help. Suppose you were convicted and sentenced many years ago. You have served the minimum time required to apply for a review. Over the years, you completed violence prevention courses. You earned trades certificates and post-secondary credits. Your institutional record is stable. You have strong family support. You have a documented release plan with housing, treatment, and employment. You would use Form 21 to present all of this, with documents attached.

Another example: You were a young adult at the time of the offence. You now have decades of maturation and rehabilitation. You have leadership roles in peer support programs. Indigenous or cultural healing programs have been important in your progress. You have letters from Elders or community leaders. Form 21 is where you set this out and exhibit the letters.

A third example: You have significant medical issues. Continued incarceration without a chance to seek parole may be unduly harsh given your condition. You have medical records that show treatment needs and reduced risk. Your affidavit would include those records as exhibits and explain how they support a review.

Typical users are the applicant and their lawyer. Sometimes the applicant is self-represented. The affidavit still follows the same format. Correctional case managers or psychologists may prepare separate affidavits, but those are not Form 21. Form 21 is the applicant’s own affidavit in support of the application.

You use the form before the court decides whether to send your case forward. It is part of the initial filing package. You file it in the Superior Court of Justice in the region connected to your conviction. You serve it on the required prosecutors. Strict timelines and service rules apply. Plan ahead so you can gather records and commission your affidavit on time.

Legal Characteristics of the Form 21 (CSR-21) – Affidavit in Support of Application for Review of Parole Ineligibility

Form 21 is a sworn or affirmed statement of fact. It is legally binding because you make it under oath or solemn affirmation before a person authorized to take affidavits. When you swear or affirm, you promise that the contents are true. False statements can expose you to serious legal consequences. This includes offences related to perjury or making a false affidavit.

What ensures enforceability?

Several safeguards do. First, a commissioner for taking affidavits, a notary public, or other authorized official administers the oath or affirmation. The commissioner verifies your identity and witnesses your signature. Second, your affidavit must be signed and dated. The commissioner must complete the jurat, which confirms when and where you swore or affirmed it. Third, exhibits must be properly marked and signed by the commissioner. Each exhibit is identified and linked to your affidavit. Fourth, the court’s rules require precise formatting and service. Compliance supports the affidavit’s acceptance by the court.

The affidavit carries evidence weight. Judges rely on it when assessing whether your application has a reasonable prospect of success. The court looks at your character and conduct since the conviction. The court also looks at the circumstances of the offence and any information from the victims’ families. Your affidavit should address these factors directly. It should be factual, specific, and supported by documents.

General legal considerations apply. Keep to facts within your personal knowledge. If you state information based on documents or what others told you, say so clearly. Identify the source and attach the document if possible. Avoid legal argument in the affidavit. Save arguments for your factum or oral submissions. Use plain language. Number each paragraph. Avoid speculation. Do not include sensitive third-party information unless it is necessary and relevant. Redact personal identifiers where permitted and appropriate. Remember that the affidavit becomes part of the court record. Write as if a judge, a jury, the Crown, and victims will read it.

Finally, follow the commissioning rules. You must sign in front of the commissioner. Do not sign in advance. If you are incarcerated, arrange for a designated staff member, lawyer, or visiting commissioner to assist. If you are outside Ontario, use an official authorized in that place. The commissioner must also sign each exhibit and the jurat. Failure to commission correctly can result in your affidavit being rejected.

How to Fill Out a Form 21 (CSR-21) – Affidavit in Support of Application for Review of Parole Ineligibility

Use this step-by-step guide. It reflects the structure and expectations for this form in Ontario’s Superior Court of Justice.

1) Prepare your information and documents

• Collect your conviction details: offence, court location, date, and judge. Have your court file number ready. Confirm the case title as it appears on your conviction record.
• Gather correctional records. This includes progress summaries, program certificates, psychological or psychiatric reports, work evaluations, and disciplinary records.
• Assemble your community release plan. Include housing letters, treatment program intake confirmations, employer letters, and supervision plans.
• Request letters of support. Obtain letters from family, mentors, community leaders, Elders, or employers.
• Gather medical records if health is a key factor. Include diagnoses, treatment plans, risk assessments, and functional assessments.
• Prepare a detailed list of exhibits. Use clear labels such as Exhibit “A”, “B”, “C”. Keep a table of contents for your use.

2) Complete the court heading (style of cause)

• At the top of the form, fill in the court name: Superior Court of Justice.
• Insert the court file number from your criminal matter.
• Use the same case title as your original case. Do not create a new title. Copy it exactly, including initials and spacing.

3) Identify the deponent (you)

• State your full legal name as it appears on your conviction record.
• Include your date of birth and inmate number, if applicable.
• State your current place of custody or address.
• Confirm your role: “I am the applicant.”

4) Opening statement of the affidavit

• Start with “I make this affidavit in support of my application for a review of parole ineligibility.”
• State that the facts are based on your personal knowledge, except where noted. For those, identify the source.

5) Provide your conviction and sentence details

• Set out the offence(s) of conviction, the date of conviction, and the sentence imposed.
• State the parole ineligibility period set at sentencing.
• Identify the court location and the presiding judge.
• Confirm the date on which you became eligible to seek a review under federal law. If uncertain, state the time you have served in years and days.

6) Describe the offence circumstances succinctly

• Provide a concise, factual account of the offence circumstances. Avoid argument.
• Acknowledge harm and impact. Do not minimize. Avoid victim-blaming language.
• If there were co‑accused or complicating factors, state only what is necessary.

7) Summarize your conduct and character since conviction

• Outline your disciplinary record. Note the absence of recent incidents if true. If there were incidents, explain the context and resolution.
• Describe program participation. Name each program, completion date, and key outcomes.
• Summarize educational achievements. Include degrees, certificates, or ongoing studies.
• Describe work history in custody. Include performance reviews and responsibilities.
• Address substance use treatment, mental health care, and relapse prevention work where relevant.
• Attach supporting documents as exhibits. Refer to them by exhibit letter in the text.

8) Present your risk reduction and insight

• Explain what you have learned about the causes of your offence.
• Describe how treatment and programs changed your thinking and behavior.
• Explain your relapse prevention plan. Include concrete coping strategies and supports.
• If you have clinical risk assessments, summarize the conclusions and attach them.

9) Provide your release plan

• Identify the community where you propose to live. Explain why it is suitable.
• Attach a housing letter confirming availability and conditions.
• Describe your employment or training plan. Include employer or program letters.
• Identify your supervision and support network. Include community sponsors or cultural supports.
• Include any required medical or counseling follow-up. Attach intake confirmations.
• Explain transportation and financial stability plans.
• Be specific. Vague plans weaken your affidavit.

10) Address the statutory factors the court considers

• Speak to your character and conduct over time. Use facts, not adjectives.
• Speak to the nature of the offence. Acknowledge its seriousness.
• Note any information from victims’ families, if known to you. Do not speculate. Do not attach private communications unless they are part of the official record and you are permitted to use them.
• Identify any other relevant factors. These can include age, health, cultural identity, and systemic factors. Link each factor to reduced risk and increased community safety.

11) Attach and mark exhibits properly

• Each document you rely on must be an exhibit. Label them in order: “Exhibit A: Institutional Progress Summary,” and so on.
• Insert an exhibit stamp or cover page for each exhibit. The commissioner must sign the exhibit page.
• Refer to each exhibit by letter in your affidavit. For example: “Attached as Exhibit ‘B’ is my Violence Prevention Program certificate dated…”
• Do not include original records that you cannot replace. File clear copies.

12) Draft the concluding paragraphs

• Reaffirm that you understand the gravity of your offence and its impact.
• State clearly the relief you seek: permission to proceed to a review of parole ineligibility.
• Confirm that you make the affidavit voluntarily and believe it to be true.

13) Review for clarity and accuracy

• Use short sentences and plain language. Avoid jargon.
• Number every paragraph. Use consistent formatting.
• Check names, dates, and exhibit letters. Correct any errors.
• Remove argument or opinion that is not tied to facts or documents.

14) Commission the affidavit

• Do not sign until you are in front of a commissioner for taking affidavits or a notary public.
• Bring government identification. If incarcerated, follow institutional procedures.
• The commissioner will verify your identity, administer the oath or affirmation, and watch you sign.
• The commissioner completes the jurat. It states the place, date, and their authority.
• The commissioner must sign each exhibit. Ensure every exhibit has the commissioner’s signature.

15) File and serve

• Make the required number of copies. Keep one for yourself.
• File the original with the Superior Court of Justice in the region where your conviction was entered, unless your directions say otherwise.
• Serve the affidavit with your application materials to the required prosecutors. In many cases, this includes both levels of prosecution. Check the service rules and timelines.
• Consider personal service or an accepted alternative. Get proof of service.

16) Common pitfalls to avoid

• Do not include opinions without a factual basis. Anchor every point to evidence.
• Do not attach materials you have no right to disclose. Respect privacy rules.
• Do not alter documents. Use complete, legible copies.
• Do not miss deadlines. Late filing can derail your application.
• Do not sign outside the presence of the commissioner. That invalidates the affidavit.

17) Optional supporting affidavits

• You can file affidavits from others, too. Examples include family sponsors, employers, case managers, psychologists, or Elders.
• Those affidavits are separate from your Form 21. They must be sworn or affirmed and properly exhibited.
• Reference them in your affidavit. Explain how they support your plan and risk reduction.

18) Final checklist before filing

• Court heading complete and correct.
• Your identity details are correct.
• Conviction and sentence details are accurate.
• Clear, numbered paragraphs covering conduct, programs, risk, and plan.
• Exhibits labeled, referenced, and signed by the commissioner.
• Jurat complete with date, location, and commissioner’s signature.
• Copies made. Filing and service arranged.

Practical tips for a strong affidavit

• Be candid. Courts value honesty, not perfection. If you had setbacks, explain them and show learning.
• Be concrete. Replace general claims with dates, numbers, and documents.
• Be respectful. Avoid blaming others. Focus on your accountability and progress.
• Be focused. Keep the affidavit about the statutory factors and your evidence.
• Be organized. Judges should be able to follow your story and find documents quickly.

Your affidavit is your voice at the screening stage. Treat it as your chance to show the court your progress, your plan, and your readiness for the next step in the process. Write with care. Support every point with evidence. Follow the rules closely. This approach gives the court what it needs to fairly assess your application.

Legal Terms You Might Encounter

• Affidavit means a written statement of facts that you swear or affirm are true. In this form, your affidavit tells the court why your parole ineligibility should be reviewed, and what facts support that request.
• Deponent is the person who makes and signs the affidavit. You are the deponent for Form 21 (CSR-21). Your signature confirms the truth of the facts you set out.
• Commissioner for Taking Affidavits is the official who administers your oath or affirmation and signs the jurat. You must sign Form 21 in front of a commissioner. Many legal professionals are commissioners. Some institutions have appointed commissioners as well.
• Swear or Affirm describes two ways to declare that your affidavit is true. You can swear an oath on a religious text. Or you can make a solemn affirmation without a religious text. Both have the same legal effect.
• Jurat is the section at the end of the affidavit where the commissioner signs. It records where and when you swore or affirmed, and before whom. The court relies on the jurat to confirm your affidavit is valid.
• Exhibit is a document or item attached to your affidavit to support a fact you state. For example, you might attach a program certificate or a parole decision. Each exhibit must be labeled and linked to your affidavit by the commissioner.
• Parole Ineligibility is the period you must serve before you can seek parole. This form supports an application to review that period. Your affidavit should explain the facts that justify a review.
• Application for Review is the process you are using to ask the court to consider your parole ineligibility period. Your affidavit is evidence in that application. It should address the issues the court will consider.
• Service means delivering the filed documents to the other parties in the case. Your affidavit must be served according to the applicable rules. Keep proof of service for the court.
• Filing means giving your signed and commissioned affidavit to the court office, together with your application materials. The court will stamp and assign or confirm the court file number.
• Court File Number is the number the court uses to track your case. You must include it in your affidavit if it already exists. If you file the affidavit with the application, the court will assign the number.
• Venue is the court location handling your application. Use the same venue as your underlying criminal case unless the rules or the court direct otherwise.
• Personal Knowledge means facts you know directly, not from someone else. Your affidavit should focus on personal knowledge. If you rely on information from documents, attach them as exhibits.
• Supplementary Affidavit is an additional affidavit you file later to update or correct facts. Use one if new information arises after you sign your first affidavit. Do not change a commissioned affidavit by hand.

FAQs

Do you need a lawyer to complete Form 21 (CSR-21)?

You do not need a lawyer to complete this form. You can prepare and swear it yourself. A lawyer can help you decide what facts to include and how to present them. If you are unsure what the court needs, consider asking for legal guidance.

Do you have to swear the affidavit in person?

You must swear or affirm in front of a commissioner. Many commissioners can administer oaths by video if permitted. If you are in custody, ask the institution to connect you with an authorized commissioner. Confirm the format accepted by the court before you sign.

Do you attach exhibits, or can you describe documents in the text?

Attach key documents as exhibits. Do not rely on descriptions alone when the document is available. Label each exhibit in order (A, B, C) and refer to it in the text. The commissioner must sign the exhibit page to link it to your affidavit.

Do you have to include only personal knowledge?

Focus on facts within your personal knowledge. If you include information from records, say so and attach the records as exhibits. If you include information from another person, identify the source and explain how you know it is reliable. Keep hearsay to a minimum unless the rules allow it.

Do you file this affidavit with your application or later?

Courts usually expect your supporting affidavit to be filed with your application or by a set deadline. If your application is already filed, confirm any schedule for affidavits. File on time to avoid adjournments or late-filing issues.

Do you need to serve the Crown and others?

Yes. You must serve all parties named in your application. That normally includes the Crown. Follow the service rules for your court. Keep proof of service, such as a stamped acknowledgment or an affidavit of service.

Do you need a notary public, or is a commissioner enough?

A commissioner for taking affidavits is enough for this form. A notary public is not required unless a specific rule says so. Make sure the commissioner completes the jurat and includes their name and authority.

Do you need to update the affidavit if something changes?

Yes. File a supplementary affidavit if you complete new programs, receive new decisions, or need to correct an error. Do not write on the original affidavit after it is commissioned. Use a new sworn or affirmed document.

How long should your affidavit be?

There is no fixed length. Be as brief as possible while covering all key facts. Avoid repetition. Use exhibits to support facts. Organize by topic so the court can follow your story clearly.

What if you cannot get the document you want to attach?

Explain the steps you took to get it and why it is unavailable. If you can get a partial record or a different document that shows the same point, attach that instead. You can file a supplementary affidavit once you obtain the document.

Checklist: Before, During, and After the Form 21 (CSR-21)

Before signing

• Identify the correct court location for your application.
• Confirm the court file number, if one already exists.
• Note your full legal name, date of birth, and correctional ID (if used).
• Record conviction details: offence(s), sentencing judge, court location, and sentencing date.
• Confirm the parole ineligibility period and the time you have served.
• Draft your key facts in logical order: background, conduct, programs, and plan.

Gather records supporting each factual point:

• Reasons for the sentence and any related orders.
• Warrant of committal or comparable sentencing record.
• Institutional progress summaries and program certificates.
• Educational or employment records from custody.
• Disciplinary record, if any, with explanations.
• Psychological or risk assessments, if relevant and available.
• Parole decisions and case management notes, if available to you.
• Letters of support and release plan documents.
• Proof of housing, employment prospects, or community support.
• Create a simple exhibit list in order (A, B, C, etc.).
• Check every exhibit for legibility and completeness.
• Black out sensitive personal numbers not needed by the court.
• Prepare a clean, typed draft of your affidavit text.
• Remove opinions, arguments, and speculation. Stick to facts.
• Book a date and time with a commissioner to take affidavits.
• Confirm whether in-person or remote commissioning is permitted.
• Bring government-issued photo ID for commissioning.

During signing

• Confirm your name, court location, and court file number are correct.
• Read the entire affidavit slowly before you sign.
• Initial every handwritten change. Keep changes neat and minimal.
• Confirm every page is numbered and in the right order.
• Ensure every exhibit is marked with a letter and a brief description.
• Ask the commissioner to sign the jurat and each exhibit.
• Swear or affirm the affidavit in the presence of the commissioner.
• Sign using blue or black ink. Do not use a pencil or erasable ink.
• Make sure the date and location in the jurat are correct.
• Confirm that the commissioner’s name, title, and any ID number are shown.
• Do not add new pages or exhibits after the jurat is signed.
• Request a copy of the signed affidavit for your records.

After signing

• Make a clean, readable copy of the complete affidavit with exhibits.
• File the affidavit with the correct court office by the deadline.
• Confirm whether fees apply and how to pay, if required.
• Serve stamped copies on all parties named in your application.
• Keep proof of service, such as an affidavit of service or receipt.
• Store the original affidavit safely. Do not fold or damage exhibits.
• Create an index of your filing for quick reference at the hearing.
• Track all timelines for responses and reply materials.
• Note the hearing date, time, location, and appearance method.
• If you discover an error, prepare a supplementary affidavit.
• Update the court and parties if new information becomes available.
• Prepare to answer questions about your affidavit at the hearing.

Common Mistakes to Avoid

Don’t forget to use a proper commissioner.

• Consequence: The court may reject your affidavit as invalid.
• Fix: Always sign in front of an authorized commissioner who completes the jurat.

Don’t reference an exhibit you fail to attach.

• Consequence: The court may give less weight to your statements.
• Fix: Attach the document and label it. Have the commissioner sign the exhibit page.

Don’t mix facts with arguments.

• Consequence: Your affidavit may appear less reliable or persuasive.
• Fix: State facts you know. Save the argument for your application materials or submissions.

Don’t ignore inconsistencies with records.

• Consequence: Opposing counsel may challenge your credibility.
• Fix: Review your records. If a discrepancy exists, explain it clearly and candidly.

Don’t leave out key case details.

• Consequence: Filing delays or misfiled documents can follow.
• Fix: Include the court location, court file number, conviction details, and sentencing date.

Don’t alter a commissioned affidavit.

• Consequence: The affidavit can be ruled invalid.
• Fix: Prepare and swear a fresh or supplementary affidavit instead.

Don’t overload the court with irrelevant material.

• Consequence: The key points get buried, and the court’s time is wasted.
• Fix: Include only documents that support the facts relevant to your application.

What to Do After Filling Out the Form

File with the court

• File your signed and commissioned affidavit at the court office handling your application.
• File it with your application or by any set deadline.
• Bring or include all exhibits. The court needs a complete record.
• Ask for stamped copies for service and your records.

Serve other parties

• Serve the Crown and any other parties listed in your application.
• Follow the service method required by the rules.
• Track the deadline for serving your materials.
• Keep proof of service for the court.

Prepare your application record

• Assemble your application, affidavit, and exhibits in a clear order.
• Add a table of contents and page numbers if required.
• Prepare a brief list of the orders you seek and the issues you address.
• Confirm any filing format required by the court.

Plan for updates

• If you receive new records, prepare a supplementary affidavit.
• File and serve updates as soon as possible before the hearing.
• Avoid late filings that risk an adjournment.

Coordinate your appearance

• Confirm whether your attendance is in person or by video.
• If you are in custody, arrange with the institution for your appearance.
• Ensure the court and parties have the correct contact details.

Protect privacy

• Review your exhibits for sensitive personal information.
• Redact identifiers not needed by the court.
• Ask the court for directions if you need confidentiality measures.

Track timelines

• Note the response deadline for the other parties.
• Calendar any reply deadline you must meet.
• Confirm the final hearing date and any pre-hearing conference.

Store originals

• Keep the original commissioned affidavit and exhibits safe.
• Do not mark or write on the originals after filing.
• Bring them to the hearing if the court requests an inspection.

Prepare for questions

• Review your affidavit line by line before the hearing.
• Be ready to explain each exhibit and how it supports your facts.
• Keep answers brief, truthful, and focused on the facts.

If you notice an error later

• Do not change the filed affidavit by hand.
• Prepare a corrected or supplementary affidavit.
• File and serve it promptly with a short cover note explaining the update.

If your application resolves or changes

• If you withdraw or change what you seek, tell the court and parties in writing.
• File any necessary notice or consent according to the rules.
• Keep copies of all communications in your file.