Charging Someone with a Criminal Offense (Script 215)

Procedure in Vancouver: other places may differ

The procedure for charging someone with a criminal offence or making a report to the police varies slightly from place to place in BC. This script describes the procedure in Vancouver. If you live elsewhere in BC, contact the Justice of the Peace at your local provincial courthouse or the local police station for the procedure there.

What is the purpose of the criminal justice system?

The main purpose of the criminal justice system is to bring to justice a person who has committed a criminal offence. It is not to compensate people financially for something wrong done to them. So you should not say or allege, that someone committed an assault, for example, if you just want him to pay you for your broken glasses. Instead, you should consider suing him civilly in small claims court.

Where do you start if you want someone to be charged with an offence?

Go to the police station, speak to an officer on duty, and file a police report or make a statement with your allegations. Make a note of the police officer's name and number and, if possible, the police report number. An police officer will investigate your case and report to you.

If the officer thinks that the person should be charged, they will write a report to the prosecutor (also called Crown Counsel) with the suggested charges. Follow up on your report by contacting the officer who took the complaint if you want an update on it.

If the officer thinks the person should not be charged, they will tell you so. And they won’t send a report to the prosecutor. If this happens and you disagree, you can ask to speak to the officer’s boss. You can also file a complaint with either the Police Complaint Commissioner (check script 221) or the Commission for Public Complaints Against the RCMP (check script 220). It depends on whether your complaint is against a municipal police force or the RCMP. You can also charge the person yourself, as explained below.

What is a prosecutor and what do they do?

Prosecutors are lawyers employed by the government to prosecute, or present, criminal cases in court. A prosecutor will review the police report and may charge the person with an offence. You may have to testify as a witness (tell the court what you know) if the case goes to court. If you suffered financial loss, you may be able to get compensation, so you should give this information to the police or prosecutor. If you don’t hear whether the person has been charged, you should contact the police officer who took the report.

What if the prosecutor won’t charge the person?

Talk with the prosecutor—if the police send a report to the prosecutor, who decides not to charge the person, you can call the prosecutor, who may speak with you. Listen carefully to the prosecutor because they are experts in criminal law. If you have new information, the prosecutor may send you back to the police. In that case, what happens next will depend on what the police do. If you disagree with the police decision at this point, you can follow the police complaint process described above.

Charge the person yourself—if the police won’t investigate or the prosecutor won’t charge the person and you still disagree with their decisions, you can ask a Justice of the Peace (a JP) to charge the person based on a “private information”. If the offence is in the Criminal Code, a JP has to accept the charge. Even if the JP accepts the charge, in a typical case, unless there is strong evidence of a criminal offence, the prosecutor will likely end it (or “stay the prosecution”). That’s because a prosecutor has to meet a higher standard of proof than a JP needs to accept a charge.

If the prosecutor does not stay the charge, you still have to convince a Provincial Court judge to order the person charged to come to court. The judge can issue an arrest warrant or a summons to do this. You have to convince the judge there is evidence to prove the crime. But if you do that, the prosecutor may ask the judge to wait (adjourn or postpone the case) before issuing a warrant or a summons so the police can investigate the case. After the police investigate, if the prosecutor decides there is strong evidence of a criminal offence, the prosecutor will take over. If the prosecutor decides the case lacks merit and stays it, you can call the Crown Counsel office and speak to the prosecutor’s boss.

Summary

The first step in charging someone with a criminal offence is to file a police report. If the police decide to proceed, they will send a report to the prosecutor, who may charge the person with an offence (after reading the police report and witness statements).

If the police do not send a report to the prosecutor, you can discuss it with the police and file a complaint if you still disagree. Or you can try charging the person yourself before a Justice of the Peace.

If the prosecutor decides not to prosecute the person, you can call the prosecutor. If that doesn't work, you can try charging the person yourself, before a justice of the peace. Lastly, you can ask to speak to the prosecutor’s boss.

[updated August 2014]

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Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation. See "act" and "common law."

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

A person with direct, personal knowledge of facts and events relevant to the issues before the court; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

A court official appointed by the provincial government with limited decision-making authority and jurisdiction, usually charged with managing court schedules, the terms of release of arrested persons, and other administrative tasks with a discretionary element. See "judge" and "jurisdiction."