Amending the Indictment/Information at Trial
As a general rule, the Crown is not required to prove beyond a reasonable doubt that the alleged offence occurred within the timeframe set down in the indictment. [FN1] See R. v. B. (G.) (1990), 56 C.C.C. (3d) 200, at 215-16 (SCC); Criminal Code, s. 601(4.1): “A variance between the indictment or a count therein and the evidence taken is not material with respect to (a) the time when the offence is alleged to have been committed…” Typically, when the evidence at trial divulges that the alleged offence occurred at a time outside the timeframe alleged in the indictment/information, the Crown will bring an application under section 601(2) of the Criminal Code to have the indictment amended. However, given that the Crown is not required to prove as part of its case that the offence date corresponded with the offence date alleged in the indictment, amendment during trial is not necessarily required in order to secure a conviction. [FN2] R. v. S.M . 2017 ONCA 878: ...