Draft Form of Charges

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Criminal Code

Pre-amble Options
"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
"AND FURTHER at the same time and place aforesaid, he [or she]..."
Code Section Subject of Offence Draft Wording
Part II - Offences Against Public Order
57(1)(a) Forgery of Passport "...did forge a passport, to wit: [name nationality of password, put in passport #], purportedly issued to [false name used], contrary to section 57(1)(a) of the Criminal Code."[1]
57(2) False statement for Passport "...did for the purposes of procuring a passport for [false name used/himself/herself] make a [written/oral] statement on the [specify the document or form] purportedly submitted by [false name used], to wit, [describe the statement or representation made], that [he/she] knew was [false/misleading], contrary to section 57(2) of the Criminal Code."[2]
65(1) Rioting "...did take part in a riot, to wit, [specify conduct], contrary to section 65(1) of the Criminal Code"
83.12 Offences re freezing of property, disclosure or audit relative to terrorism
83.231(3) Hoax re terrorist activity (bodily harm not death)
Part III - Firearms and Other Weapons
86(1) Careless Storage of a Firearm "...did without lawful excuse [store, carry, handle, ship] a firearm, to wit: [specify], [in a careless manner, without reasonable precaution for the safety of other persons], contrary to section 86(1) of the Criminal Code."
Part IV - Offences Against the Administration of Law and Justice
122 Breach of public trust "... being an official, [detail the position held], did commit a [fraud/breach of trust] in connection with the duties of his office by [detail conduct] contrary to Section 122 of the Criminal Code;" [1]
131, 132 perjury (during proceedings) "... did commit perjury, to wit: [describe falsehood and context], contrary to Section 132 of the Criminal Code;"
131, 132 perjury (false sworn statement outside of proceedings) "... being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, did make a false statement [by affidavit, solemn declaration or deposition or orally], before a person who is authorized by law to permit it to be made before [him/her], knowing that the statement is false, to wit: [describe the falsehood and context], contrary to Section 132 of the Criminal Code;"
Part V - Sexual Offences, Public Morals and Disorderly Conduct
151 (1985 to 2008) Sexual Interference (with hands) "...did for a sexual purpose touch [alleged victim name or initialism] a person under the age of fourteen years [directly or indirectly] with a part of his body, to wit [identify accused's body part], contrary to section 151 of the Criminal Code."[3]
151 (1985 to 2008) Sexual Interference (with object) "...did for a sexual purpose touch [alleged victim name or initialism] a person under the age of fourteen years [directly or indirectly] with an object, to wit [identify the object used by the accused], contrary to section 151 of the Criminal Code."
152 Invitation to Sexual Touching "... did for a sexual purpose [invite/counsel/incite] [alleged victim name or initialism] to touch [directly or indirectly] with a part of his body, to wit [identify accused's body part], the body of [alleged victim, a third party or the accused] contrary to section 152 of the Criminal Code." [4]
153(1)(a) Sexual Exploitation "... being a person in a position of trust or authority towards [alleged victim name or initialism], a young person, did, for a sexual purpose, touch, [directly or indirectly], with a part of his body or with an object, the body of [alleged victim], contrary to section 153(1)(a) of the Criminal Code."[5]
153(1)(b) Inciting Sexual Exploitation "... being a person in a position of trust or authority towards [alleged victim name or initialism], did, for a sexual purpose, [invite, counsel or incite] [alleged victim], a young person, to touch, [directly or indirectly] with a part of the body or an object, the body of [alleged victim, the accused, or a third party], contrary to section 153(1)(b) of the Criminal Code."[6]
160(1) Bestiality "...did commit bestiality with a [identify the general type of animal] contrary to section 160(1) of the Criminal Code."[7]
160(2) Compelling Bestiality "...did compel [name of alleged victim] to commit bestiality with a [identify the general type of animal] contrary to section 160(2) of the Criminal Code."[8]
163.1(2) Making of Child Pornography "...did [make/print/publish/possess for the purpose of publication] child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(2) of the Criminal Code."[9]
163.1(3) Distribution, etc of Child Pornography "...did [transmit/make available/distribute/sell/import/export/possess for the purpose of transmission, making available, distribution, sale or exportation], child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(3) of the Criminal Code."[10]
163.1(4) Possession of Child Pornography "...did without lawful excuse, possess child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(4) of the Criminal Code."[11]
163.1(4.1) Accessing Child Pornography "...did without lawful excuse, access child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(4.1) of the Criminal Code."
Part VIII - Offences Against the Person and Reputation
224.1 Discharge a firearm with intent "...did discharge [an air gun/an air pistol/a gas pistol] with intent to wound, maim, disfigure or endanger the life of <VICTIM>, contrary to section 244.1 of the Criminal Code."
246(b) Administering a Stupefying Substance "...did, with intent to enable [him/herself] to commit the indictable offence of [insert offence name here] cause [victim #1 name] to take a stupefying drug contrary to section 246(b) of the Criminal Code."
266 common assault "...did in commit an assault on [name of victim] contrary to section 266 of the Criminal Code."
267(a) assault with a weapon "...did in committing an assault on [name or initialism of victim], use a weapon, to wit: [describe the weapon], contrary to section 267(a) of the Criminal Code."
271 sexual assault "...did commit an assault on [name of alleged victim], contrary to section 271 of the Criminal Code."[12]
319(1) public incitement of hatred likely causing breach of the peace "...did by communicating statements in public places to wit [list identified public location(s)], incite hatred against identifiable groups to wit [list identifiable groups] with a likelihood leading to a breach of the peace contrary to Section 319(1) of the Criminal Code."[13]
Part IX - Offences Against Rights of Property
342.1 Unauthorized use of a computer "...fraudulently and without colour of right, used or caused to be used, directly or indirectly, a computer system with intent to commit the offence of [list offence and section], thereby committing an indictable offence contrary to section 342.1 of the Criminal Code" [2]
343(a) robbery "...did steal [description of stolen property] from [alleged victim] and [", for the purpose of extorting what was stolen," or ", to prevent or overcome resistance to the stealing,"] used ["threats of"] violence and thereby commit robbery contrary to section 343(a) of the Criminal Code." [3]
343(b) robbery "...did steal [description of stolen property] from [alleged victim] and immediately before or immediately thereafter did wound, beat, strike or use personal violence on that person and did thereby commit robbery contrary to section 343(a) of the Criminal Code." [4]
368(1)(a) Use a Forged Document "...did, knowingly [use/deal with/act on] a forged document, to wit: [specify the document], as if it were genuine, contrary to section 368(1)(a) of the Criminal Code."
Part X - Fraudulent Transactions Relating to Contracts and Trade
380(1)(a) Fraud over $5,000 "...by deceit, falsehood or other fraudulent means, did unlawfully defraud [victim], of [specify property or value of cash], a total value exceeding $5,000, contrary to section 380(1)(a) of the Criminal Code.
380(1)(a) Fraud of testamentary instrument "...by deceit, falsehood or other fraudulent means, did unlawfully defraud [victim], of [specify the document or instrument], a testamentary instrument, contrary to section 380(1)(a) of the Criminal Code.
380(1)(b) Fraud Not Exceeding $5,000 "...by deceit, falsehood or other fraudulent means, did unlawfully defraud [victim], of [specify property or value of cash], a total value not exceeding $5,000, contrary to section 380(1)(b) of the Criminal Code.
Part XI - Wilful and Forbidden Acts in Respect of Certain Property
430(5)(a) Mischief to data "...commit mischief in relation to data by deleting data from the [type of electronic device] of [owner of the computer], thereby committing an indictable offence contrary to s. 430(5)(a) of the Criminal Code" [5]

Controlled Drugs and Substances Act

Pre-amble Options
"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
"AND FURTHER at the same time and place aforesaid, he [or she]..."
CDSA Section Subject of Offence Draft Wording
4(1) Possession of Controlled Substance
5(1)
5(2) Possession of Controlled Substance for the Purpose of Trafficking

Notes

  1. e.g R v Berryman, 1990 CanLII 286 (BC CA)
  2. e.g. Berryman, ibid.
  3. e.g. R v GG, 2018 SKQB 169 (CanLII)
  4. e.g. R v ZH, 2018 ONCJ 295 (CanLII)
  5. e.g. R v DLW, 2013 BCSC 1327 (CanLII)
  6. e.g. R v DLW, 2013 BCSC 1327 (CanLII)
  7. e.g. R v DLW, 2013 BCSC 1327 (CanLII)
  8. e.g. DLW, supra
  9. R v Kristian, 2016 ABPC 158 (CanLII)
  10. e.g. R v Watts, 2016 ABPC 57 (CanLII)
  11. e.g. R v Wysom, 2018 ONCJ 450 (CanLII)
  12. e.g. R v Depeel, 1995 CanLII 5989 (SK QB)
  13. R v MG, 2017 ONCJ 565 (CanLII)