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 provincial court registry by providing them with the file number associated with a case. The filings (including the information that was laid) of each case can be recovered for a fee.
File numbers are most easily recorded by searching WestLawNext in a courthouse library for the Information form and then clicking the “citing references” tab.
- 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