View source for Draft Form of Charges


==Criminal Code==
{| class="wikitable" style="font-size:80%"
|-
! 
! 
! 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
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|
|
|"AND FURTHER at the same time and place aforesaid, he [or she]..."
|-
! Code Section
! Subject of Offence
! Draft Wording
|-
| colspan="3" |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''."<ref>e.g R. v. Berryman, [http://canlii.ca/t/1d8cc 1990 CanLII 286] (BC CA)</ref>
|-
|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."<ref>e.g. Berryman{{ibid}}</ref>
|-
|65(1)
|Rioting
|"...did take part in a riot, to wit, [specify conduct], contrary to section 65(1) of the Criminal Code"
|-
| 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''."
|-
|122
|[[Breach of Public Trust (Offence)|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;" [https://www.canlii.org/en/ab/abpc/doc/2006/2006abpc324/2006abpc324.html]
|-
|151 (''2008 to present'')
| [[Sexual Interference (Offence)|Sexual Interference]] (with hands)
| "...did for a sexual purpose touch [alleged victim name or initialism] a person under the age of sixteen 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''."<Ref>e.g. R v G.G., [http://canlii.ca/t/hsq9r 2018 SKQB 169] (CanLII)</ref>
|-
|151 (''2008 to present'')
| [[Sexual Interference (Offence)|Sexual Interference]] (with object)
| "...did for a sexual purpose touch [alleged victim name or initialism] a person under the age of sixteen years [directly or indirectly] with an object, to wit [identify the object used by the accused], contrary to section 151 of the ''Criminal Code''."
|-
|151 (''1985 to 2008'')
| [[Sexual Interference (Offence)|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''."<Ref>e.g. R v G.G., [http://canlii.ca/t/hsq9r 2018 SKQB 169] (CanLII)</ref>
|-
|151 (''1985 to 2008'')
| [[Sexual Interference (Offence)|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 (Offence)|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''." <Ref>e.g. R. v. Z.H., [http://canlii.ca/t/hrv9f 2018 ONCJ 295] (CanLII)</ref>
|-
|153(1)(a)
|[[Sexual Exploitation (Offence)|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''."<ref>e.g. R v DLW, [http://canlii.ca/t/fzsvr 2013 BCSC 1327] (CanLII)</ref>
|-
|153(1)(b)
|[[Sexual Exploitation (Offence)|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''."<ref>e.g. R v DLW, [http://canlii.ca/t/fzsvr 2013 BCSC 1327] (CanLII)</ref>
|-
|160(1)
|[[Bestiality (Offence)|Bestiality]]
|"...did commit bestiality with a [identify the general type of animal] contrary to section 160(1) of the ''Criminal Code''."<ref>e.g. R v DLW, [http://canlii.ca/t/fzsvr 2013 BCSC 1327] (CanLII)</ref>
|-
|160(2)
|[[Bestiality (Offence)|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''."<ref>e.g. DLW{{supra}}</ref>
|-
|163.1(2)
| [[Child Pornography (Offence)|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''."<ref>R v Kristian, [http://canlii.ca/t/gsj19 2016 ABPC 158] (CanLII)</ref>
|-
|163.1(3)
| [[Child Pornography (Offence)|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''."<ref>e.g. R. v. Watts, [http://canlii.ca/t/gpgxc 2016 ABPC 57] (CanLII)</ref>
|-
|163.1(4)
| [[Child Pornography (Offence)|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''."<ref>e.g. R v Wysom, [http://canlii.ca/t/hswbc 2018 ONCJ 450] (CanLII)</ref>
|-
|224.1
|[[Discharging a Firearm (Offence)|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 (Offence)|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 or Causing Bodily Harm (Offence)|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 (Offence)|sexual assault]]
|"...did commit an assault on [name of alleged victim], contrary to section 271 of the ''Criminal Code''."<ref>e.g. R v Depeel, [http://canlii.ca/t/1nrt7 1995 CanLII 5989] (SK QB)</ref>
|-
|342.1
| [[Unauthorized Use of Computer (Offence)|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 s. 342.1." [https://www.canlii.org/en/on/oncj/doc/2018/2018oncj25/2018oncj25.html]
|-
|368(1)(a)
|[[Forgery (Offence)|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''."
|-
|380(1)(a)
|[[Fraud (Offence)|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 (Offence)|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 (Offence)|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''.
|-
|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" [https://www.canlii.org/en/on/oncj/doc/2018/2018oncj25/2018oncj25.html]
|-
|}
<!--<ref name="Perry"/> -->

==Controlled Drugs and Substances Act==

{| class="wikitable" style="font-size:80%"
|-
! 
! 
! 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==
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[[Category:Forms]]