Contents of Charges: Insufficiency

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 286-291

286 The Trial Process / Informations and Indictments

3.1(b) Contents of Charges: Insuiciency

Does the count

provide too little

information?1

Would particulars

solve the problem?2

Is the count

a nullity?4

Provide particulars3

Dismiss objection

Would an

amendment prejudice

the accused?6

Would an

adjournment cure

the prejudice?7

Quash and lay

new count5

Acquit/dismiss

charge8

Amend the

count9

No

Yes

No

Yes

Yes

No

Yes

No

No

Yes

The law concerning how to deal with counts in an information or indictment

that contain insucient detail is largely set out in the Criminal Code, RSC 1985,

c C-46 [Code]. However, in very large part, those Code provisions are aimed at

reversing common law rules that had developed in the area. Most of these rules

developed in Great Britain at a time when crimes were dened by the common

law, which meant that an accused might genuinely not know the elements of

the oence with which they were charged. Under Canada’s system, which has

abolished all common law crime (other than criminal contempt of court: see

s 9), that concern is mostly eliminated. More importantly, though, at the time

most of these rules developed, the penalties for conviction were very harsh,

and the exploitation of technicalities was the only real mechanism open to

courts to guard against unfairness. That led to a great many rules, which al-

lowed courts to quash charges based on defects in form. Once the stakes no