Draft Form of Charges: Difference between revisions
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|163.1(2) | |163.1(2) | ||
| [[Child Pornography (Offence)|Making of Child Pornography]] | | [[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> | |"...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) | |163.1(3) | ||
Revision as of 11:33, 18 August 2019
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 |
| 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) | |
| 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 | "... 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;" |
| 151 (2008 to present) | 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."[3] |
| 151 (2008 to present) | 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 (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."[4] |
| 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." [5] |
| 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."[6] |
| 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."[7] |
| 160(1) | Bestiality | "...did commit bestiality with a [identify the general type of animal] contrary to section 160(1) of the Criminal Code."[8] |
| 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."[9] |
| 162(1)(a) | Voyeurism [recording in a place where persons might be nude or engaged in sexual activity | "...did make a [make a visual recording or observe by mechanical or electronic means] of [name the alleged victim or a description of them] in circumstances that give rise to a reasonable expectation of privacy, when that person can reasonably be expected ["to be nude", "to expose his or her genital organs or anal region or her breasts", or "to be engaged in explicit sexual activity"] contrary to section 162(1)(a) of the Criminal Code." |
| 162(1)(b) | Voyeurism [recording of actual nudity or sexual activity] | "...did make a [make a visual recording or observe by mechanical or electronic means] of [name the alleged victim or a description of them] in circumstances that give rise to a reasonable expectation of privacy, when that person was ["engaged in sexual activity" or "exposing his or her genital organs or anal region or her breasts"], contrary to section 162(1)(b) of the Criminal Code" |
| 162(1)(c) | Voyeurism [recording for a sexual purpose] | "...did ["make a visual recording" or "observe by mechanical or electronic means"] [name the alleged victim] in circumstances that give rise to a reasonable expectation of privacy, when that person can reasonably be expected ["to be nude", "to expose his or her genital organs or anal region or her breasts", or "to be engaged in explicit sexual activity"], contrary to section 162(1)(a) of the Criminal Code." |
| 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."[10] |
| 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."[11] |
| 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."[12] |
| 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." |
| 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."[13] |
| 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."[14] |
| 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." |
| 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. |
| 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
- ↑ e.g R v Berryman, 1990 CanLII 286 (BC CA)
- ↑ e.g. Berryman, ibid.
- ↑ e.g. R v GG, 2018 SKQB 169 (CanLII)
- ↑ e.g. R v GG, 2018 SKQB 169 (CanLII)
- ↑ e.g. R v ZH, 2018 ONCJ 295 (CanLII)
- ↑ e.g. R v DLW, 2013 BCSC 1327 (CanLII)
- ↑ e.g. R v DLW, 2013 BCSC 1327 (CanLII)
- ↑ e.g. R v DLW, 2013 BCSC 1327 (CanLII)
- ↑ e.g. DLW, supra
- ↑ R v Kristian, 2016 ABPC 158 (CanLII)
- ↑ e.g. R v Watts, 2016 ABPC 57 (CanLII)
- ↑ e.g. R v Wysom, 2018 ONCJ 450 (CanLII)
- ↑ e.g. R v Depeel, 1995 CanLII 5989 (SK QB)
- ↑ R v MG, 2017 ONCJ 565 (CanLII)