Voir la source de Projet de formulaire d'accusations

[[en:Draft Form of Charges]]
{{HeaderForms}}
==Criminal Code==
{| class="wikitable" style="font-size:80%"
|-
! 
! 
! Pre-amble Options
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|
|"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
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|
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|"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
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|"AND FURTHER at the same time and place aforesaid, he [or she]..."
|-
! Code Section
! Subject of Offence
! Draft Wording
|-
| colspan="3" |<center>'''Part II - Offences Against Public Order'''</center>
|-
|57(1)(a)
|Forgery of Passport
|"...did forge a passport, to wit: [name nationality of password, put in passport #], purportedly issued to [false name used], contrary to section 57(1)(a) of the ''Criminal Code''."<ref>e.g {{CanLIIRP|Berryman|1d8cc|1990 CanLII 286 (BC CA)|</ref>
|-
|57(2)
|False statement for Passport
|"...did for the purposes of procuring a passport for [false name used/himself/herself] make a [written/oral] statement on the [specify the document or form] purportedly submitted by [false name used], to wit, [describe the statement or representation made], that [he/she] knew was [false/misleading], contrary to section 57(2) of the Criminal Code."<ref>e.g. }}{{ibid1|Berryman}}</ref>
|-
|65(1)
|Rioting
|"...did take part in a riot, to wit, [specify conduct], contrary to section 65(1) of the Criminal Code"
|-
| 83.12
| [[Miscellaneous_Offences_Against_Public_Order|Offences re freezing of property, disclosure or audit relative to terrorism]]
|
|-
|83.231(3)
|Hoax re terrorist activity (bodily harm not death)
|
|-
| colspan="3" |<center>'''Part III - Firearms and Other Weapons'''</center>
|-
| 86(1)
| Careless Storage of a Firearm 
| "...did without lawful excuse [store, carry, handle, ship] a firearm, to wit: [specify], [in a careless manner, without reasonable precaution for the safety of other persons], contrary to section 86(1) of the ''Criminal Code''."
|-
| colspan="3" |<center>'''Part IV - Offences Against the Administration of Law and Justice'''</center>
|-
|122
|[[Breach of Public Trust (Offence)|Breach of public trust]]
| "... being an official, [detail the position held], did commit a [fraud/breach of trust] in connection with the duties of his office by [detail conduct] contrary to Section 122 of the Criminal Code;" [https://www.canlii.org/en/ab/abpc/doc/2006/2006abpc324/2006abpc324.html]
|-
|131, 132
|[[Perjury (Offence)|perjury (during proceedings)]]
| "...  did commit perjury, to wit: [describe falsehood and context], contrary to Section 132 of the Criminal Code;" 
|-
|131, 132
|[[Perjury (Offence)|perjury (false sworn statement outside of proceedings)]]
| "... being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, did make a false statement [by affidavit, solemn declaration or deposition or orally], before a person who is authorized by law to permit it to be made before [him/her], knowing that the statement is false, to wit: [describe the falsehood and context], contrary to Section 132 of the Criminal Code;" 
|-
| colspan="3" |<center>'''Part V - Sexual Offences, Public Morals and Disorderly Conduct'''</center>
|-
|151 (''1985 to 2008'')
| [[Sexual Interference (Offence)|Sexual Interference]] (with hands)
| "...did for a sexual purpose touch [alleged victim name or initialism] a person under the age of fourteen years [directly or indirectly] with a part of his body, to wit [identify accused's body part], {{contrary|151}}."<ref>e.g. {{CanLIIRx|GG|hsq9r|2018 SKQB 169 (CanLII)}}</ref>
|-
|151 (''1985 to 2008'')
| [[Sexual Interference (Offence)|Sexual Interference]] (with object)
| "...did for a sexual purpose touch [alleged victim name or initialism] a person under the age of fourteen years [directly or indirectly] with an object, to wit [identify the object used by the accused], {{contrary|151}}."
|-
|152
| [[Invitation to Sexual Touching (Offence)|Invitation to Sexual Touching]] 
| "... did for a sexual purpose [invite/counsel/incite] [alleged victim name or initialism] to touch [directly or indirectly] with a part of his body, to wit [identify accused's body part], the body of [alleged victim, a third party or the accused] {{contrary|152}}." <ref>e.g. {{CanLIIRx|ZH|hrv9f|2018 ONCJ 295 (CanLII)}}</ref>
|-
|153(1)(a)
|[[Sexual Exploitation (Offence)|Sexual Exploitation]]
| "... being a person in a position of trust or authority towards [alleged victim name or initialism], a young person, did, for a sexual purpose, touch, [directly or indirectly], with a part of his body or with an object, the body of [alleged victim], contrary to section 153(1)(a) of the ''Criminal Code''."<ref>e.g. {{CanLIIRP|DLW|fzsvr|2013 BCSC 1327 (CanLII)|BCJ No 1620}}</ref>
|-
|153(1)(b)
|[[Sexual Exploitation (Offence)|Inciting Sexual Exploitation]]
| "... being a person in a position of trust or authority towards [alleged victim name or initialism], did, for a sexual purpose, [invite, counsel or incite] [alleged victim], a young person, to touch, [directly or indirectly] with a part of the body or an object, the body of [alleged victim, the accused, or a third party], contrary to section 153(1)(b) of the ''Criminal Code''."<ref>e.g. {{CanLIIRP|DLW|fzsvr|2013 BCSC 1327 (CanLII)|BCJ No 1620}}</ref>
|-
|160(1)
|[[Bestiality (Offence)|Bestiality]]
|"...did commit bestiality with a [''identify the general type of animal''] contrary to section 160(1) of the ''Criminal Code''."<ref>e.g. {{CanLIIRP|DLW|fzsvr|2013 BCSC 1327 (CanLII)|BCJ No 1620}}</ref>
|-
|160(2)
|[[Bestiality (Offence)|Compelling Bestiality]]
|"...did compel [name of alleged victim] to commit bestiality with a [identify the general type of animal] contrary to section 160(2) of the ''Criminal Code''."<ref>e.g. {{supra1|DLW}}</ref>
|-
|163.1(2)
| [[Child Pornography (Offence)|Making of Child Pornography]]
|"...did [make/print/publish/possess for the purpose of publication] child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(2) of the ''Criminal Code''."<ref>
{{CanLIIRx|Kristian|gsj19|2016 ABPC 158 (CanLII)}}</ref>
|-
|163.1(3)
| [[Child Pornography (Offence)|Distribution, etc of Child Pornography]]
| "...did [transmit/make available/distribute/sell/import/export/possess for the purpose of transmission, making available, distribution, sale or exportation], child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(3) of the ''Criminal Code''."<ref>e.g. {{CanLIIRx|Watts|gpgxc|2016 ABPC 57 (CanLII)}}</ref>
|-
|163.1(4)
| [[Child Pornography (Offence)|Possession of Child Pornography]]
| "...did without lawful excuse, possess child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(4) of the ''Criminal Code''."<ref>e.g. {{CanLIIRx|Wysom|hswbc|2018 ONCJ 450 (CanLII)}}</ref>
|-
|163.1(4.1)
| [[Child Pornography (Offence)|Accessing Child Pornography]]
| "...did without lawful excuse, access child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(4.1) of the ''Criminal Code''."
|-
| colspan="3" |<center>'''Part VIII - Offences Against the Person and Reputation'''</center>
|-
|224.1
|[[Discharging a Firearm (Offence)|Discharge a firearm with intent]]
|"...did discharge [an air gun/an air pistol/a gas pistol] with intent to wound, maim, disfigure or endanger the life of <VICTIM>, contrary to section 244.1 of the ''Criminal Code''."
|-
|246(b)
|Administering a Stupefying Substance
|"...did, with intent to enable [him/herself] to commit the indictable offence of [insert offence name here] cause [victim #1 name] to take a stupefying drug contrary to section 246(b) of the ''Criminal Code''."
|-
|266
|[[Common Assault (Offence)|common assault]]
|"...did in commit an assault on [name of victim] {{contrary|266}}."
|-
|267(a)
|[[Assault with a Weapon or Causing Bodily Harm (Offence)|assault with a weapon]]
|"...did in committing an assault on [name or initialism of victim], use a weapon, to wit: [describe the weapon], contrary to section 267(a) of the ''Criminal Code''."
|-
|271
|[[Sexual Assault (Offence)|sexual assault]]
|"...did commit an assault on [''name of alleged victim''], {{contrary|271}}."<ref>e.g. {{CanLIIRP|Depeel|1nrt7|1995 CanLII 5989 (SK QB)|</ref>
|-
| 319(1)
| public incitement of hatred likely causing breach of the peace
|"...did by communicating statements in public places to wit [list identified public location(s)], incite hatred against identifiable groups to wit [list identifiable groups] with a likelihood leading to a breach of the peace contrary to Section 319(1) of the ''Criminal Code''."<ref>
{{CanLIIRP|MG|h5j0g|2017 ONCJ 565 (CanLII)|
</ref>
|-
| colspan="3" |<center>'''Part IX - Offences Against Rights of Property'''</center>
|-
|342.1
| [[Unauthorized Use of Computer (Offence)|Unauthorized use of a computer]]
|"...fraudulently and without colour of right, used or caused to be used, directly or indirectly, a computer system with intent to commit the offence of [''list offence and section''], thereby committing an indictable offence contrary to section 342.1  of the ''Criminal Code''" [https://www.canlii.org/en/on/oncj/doc/2018/2018oncj25/2018oncj25.html]
|-
|343(a) 
|[[Robbery (Offence)|robbery]]
|"...did steal [''description of stolen property''] from [''alleged victim''] and [", for the purpose of extorting what was stolen," or ", to prevent or overcome resistance to the stealing,"] used ["threats of"] violence and thereby commit robbery contrary to section 343(a) of the ''Criminal Code''." [http://canlii.ca/t/htwvq]
|-
|343(b)
|[[Robbery (Offence)|robbery]]
|"...did steal [''description of stolen property''] from [''alleged victim''] and immediately before or immediately thereafter did wound, beat, strike or use personal violence on that person and did thereby commit robbery contrary to section 343(a) of the ''Criminal Code''." [http://canlii.ca/t/1d7w4]
|-
|368(1)(a)
|[[Forgery (Offence)|Use a Forged Document]]
|"...did, knowingly [use/deal with/act on] a forged document, to wit: [specify the document], as if it were genuine, contrary to section 368(1)(a) of the ''Criminal Code''."
|-
| colspan="3" |<center>'''Part X - Fraudulent Transactions Relating to Contracts and Trade'''</center>
|-
|380(1)(a)
|[[Fraud (Offence)|Fraud over $5,000]]
|"...by deceit, falsehood or other fraudulent means, did unlawfully defraud [victim], of [specify property or value of cash], a total value exceeding $5,000, contrary to section 380(1)(a) of the ''Criminal Code''.
|-
|380(1)(a)
|[[Fraud (Offence)|Fraud of testamentary instrument]]
|"...by deceit, falsehood or other fraudulent means, did unlawfully defraud [victim], of [specify the document or instrument], a testamentary instrument, contrary to section 380(1)(a) of the ''Criminal Code''.
|-
|380(1)(b)
|[[Fraud (Offence)|Fraud Not Exceeding $5,000]]
|"...by deceit, falsehood or other fraudulent means, did unlawfully defraud [victim], of [specify property or value of cash], a total value not exceeding $5,000, contrary to section 380(1)(b) of the ''Criminal Code''.
|-
| colspan="3" |<center>'''Part XI - Wilful and Forbidden Acts in Respect of Certain Property'''</center>
|-
|430(5)(a)
|Mischief to data
| "...commit mischief in relation to data by deleting data from the [type of electronic device] of [owner of the computer], thereby committing an indictable offence contrary to s. 430(5)(a) of the Criminal Code" [https://www.canlii.org/en/on/oncj/doc/2018/2018oncj25/2018oncj25.html]
|-
|}
<!--<ref name="Perry"/> -->

==Controlled Drugs and Substances Act==


{| class="wikitable" style="font-size:80%"
|-
! 
! 
! Pre-amble Options
|-
|
|
|"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
|-
|
|
|"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
|-
|
|
|"AND FURTHER at the same time and place aforesaid, he [or she]..."
|-
! CDSA Section
! Subject of Offence
! Draft Wording
|-
|4(1)
|Possession of Controlled Substance
|
|-
|5(1)
|
|
|-
|5(2)
|Possession of Controlled Substance for the Purpose of Trafficking
|
|}

==Notes==
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[[Category:Forms]]