What does alleged to have committed a Criminal Code offence in Canada mean?

If you received charging paperwork from the police, such as an Appearance Notice (Form 9) or Undertaking (Form 10), it will say that you are “alleged to have committed” prior to listing one of more criminal offences. This means that the police officer is saying that they believe on reasonable grounds that you committed a criminal offence. Practically speaking this means that you are being criminally charged with the listed offences.

After providing you with this paperwork, the police officer will appear before a Judge or Justice or the Peace of the Ontario court and swear or affirm that they believe this to be true. This process is known as the “swearing of the information” or “laying of the information”.

In Canada, the "Information" is the name of the charging document used in court. It is the document that will follow the case through the court system to completion. It will briefly note what happened at each court appearance along with the final outcome of the case (charges dropped, probation, jail, etc.)

The swearing/laying of the Information by the police

Just because the police officer swears the Information before a Judge/JP does not mean that you are guilty or did anything wrong. It simply means that the police officer has stated under oath that he/she believes that you committed a crime. This is the very first step in the entire process of every criminal case. After the Information is sworn the Crown Attorney will decide whether to proceed with your case or not and if so ultimately it will be up to a judge to decide whether or not you are guilty.

The burden for a judge to find a person guilty is “beyond a reasonable doubt” (often described as 95% - 100% certain) which is far more than for the police to charge you. Many people who are charged are ultimately acquitted or have their charges dropped (withdrawn) prior to a trial.

It is important to note that the court date listed on a Form 9, 10, or 11 is not a trial date. It is merely the first court appearance date. There will always be new court dates set until the case is ultimately completed.

I can’t believe that I am being criminally charged by the police. I never even had a traffic ticket before.

It is a shocking, sometimes surreal experience to be criminally charged for the first time for most people. They never imagined being put in this situation. A lot have led seemingly normal lives up until this point. Suddenly they risk losing everything they have worked for. In domestic violence allegations the accused is usually legally required to cease all contact with their spouse, move out of the family home, etc.

A lot of criminal cases in Ontario are things that the accused did not view as actually being a criminal offence. Certain offences in particular such as mischief and uttering threats are not perceived by many as criminal acts prior to being charged. All it takes is one argument with your partner, neighbour, employer, etc. and one incident report for the police to press charges.

But they have no evidence? They charged me just because someone else said I did something wrong. This doesn't prove anything.

This is true of many cases. One witness/alleged victim makes a claim or says something to 911 and the police press charges based on this alone. They do not need a video, your statement, other witnesses, DNA or scientific evidence to press charges, all they need is one witness statement. This seems shocking to most first timers in the system but it is completely normal in Ontario.

Someone can be charged with practically any criminal offence just based on the claims of someone else. There are many people in Ontario jails right now serving sentences for offences such as assault, sexual assault, and uttering threats and more just because someone made a criminal allegation against them. It is scary how easily a person’s life can be destroyed by nothing more than someone else claiming they did something wrong.

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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with criminal offences throughout Ontario, Canada.

Have a skilled criminal lawyer who focuses on criminal law protect you and your future from the stigma and consequences of a criminal record and conviction.

Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

*2024 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2024. Past results are not necessarily an indication of future results.

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