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An Information May Be Sworn Against Any Person Accused of Committing a Criminal Offence Contrary to the Criminal Code
Last Updated: July 04 2026
Question: Under what circumstances can a police officer file a charge by swearing an Information against a suspect in Ontario criminal cases?
Answer: Yes, in Ontario a police officer (or other authorized person) may lay and swear an Information when they have reasonable grounds to believe someone committed an indictable offence, and the Justice of the Peace can receive it under Criminal Code R.S.C. 1985, c. C-46 at section 504 (for example, where the accused is believed to be within the justice’s territorial jurisdiction, or where the indictable offence or related property offence occurred within that jurisdiction). The Information must be in writing and sworn under oath before a justice, and it must include the offence and key particulars so the accused can understand the charge and respond in court. If you are facing a charge and want to understand what was sworn against you and what it means for next steps, DefendCharges.Lawyer can help with early case review and defence planning, call (647) 977-5997 to discuss your options.
Under what conditions can a police officer bring a legal case against a suspect?
If there is evidence that someone has committed a crime, a police officer may swear an Information against an accused person.
A Helpful Guide to Understanding the Procedure for Swearing An Information Against An Accused Person
When a person is accused of an offence pursuant to the Criminal Code, R.S.C. 1985, c. C-46, the process of swearing an information against the accused is an important step in the criminal justice system. An Information is a document that sets out the offence for which a person is charged and the particulars of the alleged offence. The Information must provide the accused with enough information so they can understand what they are charged with and prepare a defence. It must include the date, time, and location of the alleged offence, the name of the accused, and the section of the Criminal Code that has allegedly been violated. It must be sworn before a justice of the peace or a commissioner for taking affidavits. The Information is then filed with the Court. Once the Information is sworn and filed with the court, the accused will be served with a summons or warrant. The summons or warrant will inform the accused of the charge and the date and time of their court appearance. The accused will then be required to appear in court to answer the charge. If the accused fails to appear in court, a warrant may be issued for their arrest.
The Law
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.
Summary Comment
The act of swearing an Information is an important step in the criminal justice system. It is the document that establishes the Crown’s jurisdiction over the accused and compels their attendance before the court to answer to a criminal charge.