In British Columbia, any criminal proceeding that is not brought under s.577 of the Criminal Code is begun with the laying of an information (Form 2, Offence Act / Form 2, Criminal Code). Usually this form is laid by a law enforcement officer but it can also be laid by a member of the public.
This is sometimes known as a private prosecution and is used by the public to bring the court’s attention to criminal activity that they believe to be occurring. Once written, the information is taken before a judge and sworn under oath.
The only formal qualification for the laying of an information is a belief “on reasonable grounds” that the stated offence is occurring. This is covered in s.504 of the Criminal Code
Where can I find sample informations?
Sample forms can be recovered from a court registry by providing them with the file number associated with a case.
File numbers are most easily located by searching a case law database such as WestLawNext in a courthouse library branch, or a freely available database such as CanLII. By searching for "private prosecution", cases can be found that may contain an information form in their case file.
Case files are viewable in the court registry they were filed in, which is usually shown in the decision's top-right corner, or online for a fee through Court Services Online.
- Offence Act, RSBC 1996, c.338 - BC Laws
- Criminal Code, RSC 1985, c. C-46 - Justice Laws
- Form 2 - Information, Offence Act - BC Laws
- Form 2 - Information, Criminal Code - Justice Laws
- Criminal Procedure in Canada by Steven Penney, Vincenzo Rondinelli and James Stribopoulos - onsite at Courthouse Libraries
- The Guide to Investigations and Prosecutions : A Critical Analysis of the Modern Legal Obligations Imposed on Investigators and Prosecutors by André Marin - onsite at Courthouse Libraries
- Criminal Procedure: Canadian Law and Practice Second Edition by Jeffrey E. Pearson and Lori A. Thompson - onsite at Courthouse Libraries
- Criminal Law Notebook - The Criminal Law Notebook by Peter Dostal