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
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, contrary to section 57(2) of the Criminal Code."[2]
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."
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]
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]
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]
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.

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

Notes

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