Private Prosecutions: Pre-Enquette Hearings
The Criminal Code permits private prosecutions. In the usual course, criminal proceedings are commenced or instituted by laying an information before a justice alleging the commission of an offence [FN]. A private informant may lay an information provided he/she does so in conformity with section 504 of the Criminal Code . As long as the information alleges an offence known to law and is facially compliant with the requirements of the Criminal Code , the justice must receive the information. The justice takes the information under oath and affixes his or her signature to the jurat on the written Form 2. R. v. McHale , 2010 ONCA 361 , at para. 42; see section 504, Criminal Code . But the laying of the information does not compel the person named as the accused to attend court to answer to the charge. Where an information laid by a private informant has been received by a justice, the justice must refer it to a provincial court judge...