Last Updated: August 22 2026
Under what conditions can a police officer lay a charge against a suspect in Ontario?
In Ontario, a police officer can help lay or swear an Information to start a criminal charge only where they have reasonable grounds to believe the person committed an indictable offence, and the Justice of the Peace will receive it when the alleged offence and territorial requirements under Criminal Code , R.S.C. 1985, c. C-46 at section 504 are met. The Information must be sworn before a justice of the peace or a commissioner for taking affidavits, then filed so the accused can be served with a summons or warrant for their court attendance. If you need help understanding whether a charge was properly authorized or what to do next in Ontario, DefendCharges.Lawyer can review the circumstances with a lawyer; call (647) 977-5997 for a consultation.
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Under what circumstances can a police officer initiate criminal proceedings against a suspect?
A police officer can file an Information against an accused person if they have evidence that a law has been violated.
Note: Please contact DefendCharges.Lawyer by phone at: (647) 977-5997 to discuss any specific questions that you may have.
A Helpful Guide to Understanding the Procedure for Swearing An Information Against An Accused Person
When a person is accused of an offence pursuant to the Criminal Code, R.S.C. 1985, c. C-46, the process of swearing an information against the accused is an important step in the criminal justice system. An Information is a document that sets out the offence for which a person is charged and the particulars of the alleged offence. The Information must provide the accused with enough information so they can understand what they are charged with and prepare a defence. It must include the date, time, and location of the alleged offence, the name of the accused, and the section of the Criminal Code that has allegedly been violated. It must be sworn before a justice of the peace or a commissioner for taking affidavits. The Information is then filed with the Court. Once the Information is sworn and filed with the court, the accused will be served with a summons or warrant. The summons or warrant will inform the accused of the charge and the date and time of their court appearance. The accused will then be required to appear in court to answer the charge. If the accused fails to appear in court, a warrant may be issued for their arrest.
The Law
In what cases justice may receive information 504 Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information, where it is alleged (a) that the person has committed, anywhere, an indictable offence that may be tried in the province in which the justice resides, and that the person (i) is or is believed to be, or (ii) resides or is believed to reside, within the territorial jurisdiction of the justice; (b) that the person, wherever he may be, has committed an indictable offence within the territorial jurisdiction of the justice; (c) that the person has, anywhere, unlawfully received property that was unlawfully obtained within the territorial jurisdiction of the justice; or (d) that the person has in his possession stolen property within the territorial jurisdiction of the justice.
Summary Comment
The act of swearing an Information is an important step in the criminal justice system. It is the document that establishes the Crown’s jurisdiction over the accused and compels their attendance before the court to answer to a criminal charge.
