In what cases justice may receive information
504 Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information, where it is alleged
(a) that the person has committed, anywhere, an indictable offence that may be tried in the province in which the justice resides, and that the person
(i) is or is believed to be, or
(ii) resides or is believed to reside,
within the territorial jurisdiction of the justice;
(b) that the person, wherever he may be, has committed an indictable offence within the territorial jurisdiction of the justice;
(c) that the person has, anywhere, unlawfully received property that was unlawfully obtained within the territorial jurisdiction of the justice; or
(d) that the person has in his possession stolen property within the territorial jurisdiction of the justice.
Annotations | French
- Section 504
- Pursuant to section 504, where the information alleges an indictable offence under the law and the informant meets the preconditions to swearing an information, the presiding justice must receive the information: R v Ellis, 2009 ONCA 483 at para 48; R v McHale, 2010 ONCA 361 at para 43.
- In this section, the term “any one” applies to individuals who lay an information (informants), which includes private citizens, public and peace officers, the Attorney General, and the Attorney General’s agents. “Public officer” and “peace officer” are defined under s. 2 of the Criminal Code; McHale v Ontario (Attorney General), 2010 ONCA 361 at para 5.
- In Ontario, the term “territorial jurisdiction” has been interpreted to mean the entire province of Ontario. However, other provinces may have different legislative court schemes where “territorial jurisdiction” takes on a different meaning: R v Ellis, 2009 ONCA 483 at paras 38, 40.
- Individuals who swear an information, especially law enforcement officers, must have either personal knowledge or reasonable and probable grounds to believe the accused has committed the offence(s) they are being charged with. An officer does not need to have personal knowledge of every fact supporting the allegation; however, the officer must be satisfied that the evidence is based on reliable sources and that there is some evidence to support the charge. This evidence must satisfy the Justice of the Peace of the grounds to believe the accused has committed the offence(s) charged before they endorse the information; R v Peavoy, [1974] OJ No 103at 106 (ONHCJ).