Contents of Charges: Duplicity

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 282-285

282 The Trial Process / Informations and Indictments

3.1(a) Contents of Charges: Duplicity

Does the count

provide too much

information?1

Is the count

duplicitous?2

Divide the count3

Is the information

mere surplusage?4

Uphold objection5Dismiss objection

No

No

No

Yes

Yes

Yes

An information governs the trial of an accused on a summary conviction of-

fence, while an indictment is used for an indictable oence. There are many

rules governing those documents, and in general the law has gone from a high-

ly technical and nicky approach, which was quite willing to quash charges, to

one that simply tries to see to it that the accused will face trial aware of the case

to meet. See, generally, the discussion in Steve Coughlan, Criminal Procedure,

3d ed (Toronto: Irwin Law, 2016) at ch 11, s B, The Charge Document [Criminal

Procedure].

1. DOES THE COUNT PROVIDE TOO MUCH INFORMATION?

The Supreme Court noted in R v Vézina, [1986] 1 SCR 2, that there are two con-

verse rules governing informations and indictments. Section 581(3) requires

a count to contain sucient details; that is, the count must provide enough

information. The opposite problem is that sometimes a count contains too

much information, which can potentially be disadvantageous for either the ac-

cused or the Crown. Insucient detail is discussed in Chart 3.1(b), Insucient