Information vs. Indictment

As a criminal lawyer based in Windsor, Ontario, Christina Loebach helps persons charged with Canadian criminal offences. This blog post considers the charging documents in the criminal process - the Information or the Indictment.

Information

An information is a document sworn by a peace officer that sets out the charge(s) against the accused in the Provincial Court (Ontario Court of Justice). The peace officer who swears the information must have formed reasonable and probable grounds to believe that the offence described was committed by the accused. The swearing of information commences the criminal proceedings against the accused.

“Information” is defined in s. 785 of the Criminal Code as follows:

S. 785. In this Part… “Information” includes

1. A count in an information, and

2. A complaint in respect of which a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order.

The format for an information is taken from Form 2 of the Criminal Code. The information is presented to a justice of the peace along with a sworn summary of the evidence. The justice of the peace then determines whether there are sufficient grounds to proceed. There is a presumption that an information is valid on its face.

Indictment

An indictment is the charging document used in the Superior Courts of Canada. “Indictment” is defined in section 2 of the Criminal Code as follows:

S. 2…. “Indictment” includes

1. information or a count therein,

2. a plea, replication or other pleading, and

3. any record.

The format for an indictment is taken from Form 4 of the Criminal Code. Unlike an information, the indictment is not a sworn document. Instead, the indictment is signed by the Crown Attorney who prefers the indictment. 

“Preferring an indictment” means presenting the indictment to the court. Indictments are preferred after the accused has been ordered to stand trial, and usually happens after a preliminary inquiry has been held, or after the accused waived the preliminary inquiry with the consent of the prosecutor. In exceptional cases, an indictment can be preferred in the Superior Court without a preliminary inquiry or after the accused has been discharged at a preliminary inquiry (“direct indictment”).

Having a criminal record may have a serious and lasting impact on many aspects of your life, including but not limited to employment, travel, immigration, and renting a home. If you are dealing with criminal charges for theft, schedule a consultation with Christina.