Information
An information is the sworn document that initiates most Canadian criminal prosecutions. It is sworn before a justice of the peace by a peace officer (or other informant) and alleges that the accused committed a specified criminal offence. Sections 504 to 524 of the Criminal Code set out the rules governing informations. Once sworn, the information becomes the foundation for the issuance of process — a summons or arrest warrant — and for subsequent court appearances.
Mass Tsang's criminal lawyers review the information in every file as part of standard early-stage analysis.
Contents of an information
An information must: identify the accused; specify the alleged offence in ordinary, non-technical language; reference the section of the Criminal Code (or other statute) that creates the offence; specify the date and place of the alleged conduct (or a reasonable range); and be sworn under oath. Defects in the information can sometimes be grounds for amendment or quashing.
Information vs. indictment
An information is the Ontario Court of Justice (Provincial Court) charging document; an indictment is the Superior Court charging document. Most criminal cases begin on an information, which is sufficient for summary conviction matters and for indictable matters proceeding in Provincial Court. Where a case proceeds to Superior Court — by election or by direct indictment — the case is restructured around an indictment.
Sworn information — the section 504 standard
Section 504 authorizes any person with reasonable and probable grounds to lay an information. In practice, most informations are sworn by peace officers. The justice receives the information and decides whether to issue process — a summons (if the accused will likely attend) or an arrest warrant (where more is needed to compel attendance).
Private informations
Section 507.1 governs private informations — informations sworn by ordinary citizens rather than peace officers. A private information requires judicial pre-screening: a justice and Crown counsel must be satisfied that there is sufficient evidence and that the prosecution is in the public interest. Private prosecutions are rare and require Attorney General intervention to continue past the early stages.
Defects and amendments
Informations can have defects — wrong dates, misidentified accused, missing essential elements. Amendments are generally permitted before plea where they don't prejudice the accused. After plea, amendments require court leave and are subject to more scrutiny. Fundamental defects can lead to quashing of the information.
Strategic relevance
Defence counsel scrutinize the information carefully for charging errors, jurisdictional issues, and limitation problems. A poorly drafted information can be challenged or amended in ways that affect the case.
Related glossary terms
