Criminal Charges (1:IV)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 1 August 2026.

A. Arrest

There may be a Charter issue here. See Section IX: Charter of Rights and Freedoms with respect to arbitrary detention and unlawful arrest.

B. Informing an Accused of the Charge and Compelling Appearance

A person may learn that they are accused of committing a criminal offence in one of several ways. They may:

• receive an appearance notice from the police,
• receive an undertaking from the police,
• receive a summons (in the mail or personally), or
• be arrested and kept in custody until they are brought before a judge or justice of the peace (JP).

1. Appearance Notice

The attending officers at the scene of an alleged summary conviction or hybrid offence do not always have cause to arrest the suspect (Criminal Code, s 495(2)). When there is no cause to arrest the suspect, but the police still intend to forward charges to the Crown for an offence, they will serve an appearance notice on the suspect, compelling them to appear at a future date and time at a courthouse to face potential charges (Criminal Code, s 497).

NOTE: See below: IV.B.4. Arrest for non-appearance.

2. Undertaking and police-issued release

If an accused person is arrested, the police must decide whether to: a) keep the accused in custody for the Crown to seek detention; or b) exercise their power to release the accused person, with or without conditions. Police release an accused person on an appearance notice (s 497 or 498) or, where conditions are required, an undertaking given to an officer in charge (ss 499-501). An undertaking contains additional conditions that the accused person must follow. The conditions in an undertaking do not expire until the charges against the accused person are heard and decided by the court or a judge cancels the conditions and replaces them with a judicial release order (see Criminal Code, section 523). The accused person should not assume that their conditions have changed or are no longer binding until they have been told so by a judge, the Crown, or their lawyer. If the accused person attends court on the day specified in their undertaking or appearance notice and the Crown has not laid charges, they are no longer bound by the undertaking conditions. The accused person can speak to duty counsel to confirm this.

NOTE: See below: IV.B.4. Arrest for non-appearance.

Varying conditions of a police-issued undertaking

If an accused person disagrees with the additional conditions imposed by a police undertaking, they or their lawyer can apply to have those conditions varied. Unlike varying bail conditions (see below: Varying conditions of interim release), varying police-issued undertaking conditions does not require an application to the Supreme Court of British Columbia in the absence of Crown consent. To vary conditions in an undertaking to police, an accused person or their lawyer can ask the Crown to consent to varying the conditions. If the Crown does not agree, the accused person or their lawyer can make an application to a provincial court judge using form PCR 315 (see Criminal Code, section 502(2)). If the judge agrees that the conditions should be changed, they will cancel the police undertaking and replace it with a judicial release order containing modified conditions.

3. Summons

A summons is a written order by a justice in prescribed form requiring the accused person to appear before a justice at a particular time and place (Criminal Code, s 509).

The summons may be served by a peace officer personally, or it may arrive by mail. If the accused person cannot conveniently be found, a summons can be served to a person living in the accused person's residence who appears to be at least 16 years old (Criminal Code, s 509(2)).

NOTE: See below: IV.B.4. Arrest for non-appearance.

4. Arrest for non-appearance

An accused person must attend court as required by an appearance notice, undertaking, or summons. If the accused person does not report to court at the date and time on their notice, a judge may issue a warrant for their arrest. This kind of warrant is called a bench warrant or a warrant in default of appearance (see Criminal Code, ss 512(2) and 597(1)). If an accused person is not on the court list, then the police might not have forwarded the charges, the Crown might not have approved the charges, or there may be a delay in processing the charges. If an accused person does not see their name on the court list on the appearance date, they should go to the court registry to show the registry the appearance notice, summons, or undertaking and ask if they are on any court list. A summons should not be disregarded because of minor mistakes such as a misspelling of the accused person's name.

5. Judicial interim release (bail)

A person might be arrested by the police and not be released on an undertaking. This can occur if the police are seeking conditions on the undertaking to which the accused person does not agree or if the police believe that the accused person should not be released from custody.

A detained person must be brought before either a judge or a justice without unreasonable delay. If a justice is not available within a period of 24 hours after the person has been arrested, the person shall be taken before a justice as soon as possible (Criminal Code, s 503). When the accused person is brought before a judge or a justice and the Crown is seeking the continued detention of the accused person, the onus is usually on the Crown to show why the continued detention of the accused person is necessary (Criminal Code, s 515(5)). However, if an accused person is charged with an offence listed under section 515(6) of the Criminal Code, the onus is on the accused person to show why they can be safely released on bail. Section 515(6) includes very serious offences such as murder and treason and less serious matters where special considerations apply such as when violence was allegedly used against an intimate partner and the accused person has been previously convicted or discharged (under s 730) of an offence involving violence against an intimate partner.

Effective 15 July 2026, the Bail and Sentencing Reform Act, SC 2026, c 11 (Bill C-14) added new reverse-onus categories, including: violent or organized-crime-related motor vehicle theft; break and enter of a dwelling-house; trafficking in persons; human smuggling (including under the Immigration and Refugee Protection Act); assaults and sexual assaults involving choking, suffocation, or strangulation; extortion involving violence; and a third or subsequent violent indictable offence (i.e., an accused with two or more prior convictions for similar serious violent offences). It also extended the existing weapons-violence reverse onus under s 515(6)(b.2) from a five-year to a 10-year prior-conviction lookback. The Act also created a new reverse onus that applies after a finding of guilt: where the Crown applies to revoke an accused person's bail pending sentencing, the accused must demonstrate why their continued detention is not justified (see Criminal Code, s 523(2)).

There are three ways in which the detention of a person charged with a criminal offence can be justified under section 515(10) of the Criminal Code. In the case law, these are usually referred to as:

• Primary — to ensure attendance in court (a possible flight risk).
• Secondary — bail can be denied for the protection and safety of the public, including a substantial likelihood the person will commit a criminal offence or interfere with the administration of justice.
• Tertiary — the detention is necessary to maintain confidence in the administration of justice (includes seriousness of the offence charged, strength of the Crown's case, and, as of 15 July 2026, the number and seriousness of any outstanding charges against the accused person).

During the show-cause hearing, the focus often becomes the conditions upon which an accused person can be released and the adequacy of the accused person's bail plan. This is particularly the case where an accused person, by virtue of section 515(6) of the Criminal Code, has the onus of establishing that the court can safely release them from custody. A release plan may include sureties, a cash deposit, or restrictive conditions such as a curfew or an area restriction. A surety is a person who agrees to be responsible for an accused person and agrees to pay a sum of money to the court if they are not successful in making sure the accused person follows their bail conditions and attends court as required. Sureties can only be imposed when less onerous forms of release are inadequate. A person who has been convicted of an indictable offence within ten years before the release order is made cannot be a surety, unless no other suitable surety is available and naming them would be in the interest of justice (see Criminal Code, s 515(2.11), as amended by the Bail and Sentencing Reform Act, SC 2026, c 11). The Crown will usually have specific concerns about an accused's behaviour.

Effective 15 July 2026, the Bail and Sentencing Reform Act, SC 2026, c 11, added extortion and organized-crime-related offences to the list of offences for which a court must impose a weapons prohibition order at bail, unless the court considers it not required for the safety of any person. For accused persons charged with extortion, auto theft, or an offence alleged to have been committed for the benefit of, at the direction of, or in association with a criminal organization, a court must also consider imposing specific conditions, including geographic restrictions, a curfew, non-communication with a victim or witness, and non-possession of instruments suitable for breaking into a place or vehicle.

Since the addition of sections 493.1 and 493.2 to the Criminal Code, all participants in the bail process, including police officers releasing accused persons on an undertaking or appearance notice, peace officers, judges, and justices, should release accused persons on the least onerous conditions possible and at the earliest opportunity. Particular attention must be paid to Indigenous accused persons and other accused persons belonging to vulnerable populations that are over-represented in the criminal justice system. However, this principle of restraint does not mandate release. Effective 15 July 2026, the Bail and Sentencing Reform Act, SC 2026, c 11, clarified that the "ladder principle" — that courts must consider the least restrictive form of release first — does not apply to accused persons subject to a reverse onus. It remains open to argue, however that this change is procedural rather than constitutional in nature, and that it does not displace the accused person's entitlement to reasonable bail under s 11(e) of the Charter, nor the requirement in R v Antic, 2017 SCC 27, that release conditions be necessary, not punitive, and no more restrictive than the risk requires.

Varying conditions of interim release (bail variation)

An accused person may disagree with one or more of their bail conditions and want those conditions to change. Unlike conditions in an undertaking to police (see above: IV.B.2.a., Varying conditions of a police-issued undertaking), bail conditions can only be changed in Provincial Court with consent of the Crown or by application before a judge who is in conduct of an ongoing trial or preliminary inquiry. If a Provincial Court trial has not started and there is no consent by the Crown, the only way to vary a bail condition is to make an application to the Supreme Court of British Columbia (see below). This is a more complicated process than varying a police undertaking (see above: Varying conditions of a police-issued undertaking).

To convince the Crown to vary bail conditions, an accused person must explain why less restrictive conditions are sufficient to meet the concern addressed by the conditions or that the conditions are no longer necessary. For example, on a family violence file, an accused person is usually released on a condition that they do not contact their spouse. It is not uncommon that the complainant will desire contact with the accused person following an incident. In these circumstances, the Crown will interview the complainant in order to determine what, if any, no-contact conditions remain necessary for the protection of the complainant.

Should Crown not consent to the proposed bail review, an accused person can bring an application to review the bail conditions before a judge of the Supreme Court of British Columbia under section 520 of the Criminal Code. Review procedures in the Supreme Court are difficult for non-lawyers to navigate. Anyone conducting such a review is advised to retain a lawyer.

6. Warrant in the first instance

A warrant for arrest may be issued when an accused person fails to appear for a summons or when a justice decides that it is in the public interest to issue a warrant. Some common situations where this arises are as follows:

• an appearance notice, undertaking, or summons was issued for the accused person to attend court, and they did not attend court at the appropriate date and time (see above: IV.B.4., Arrest for non-appearance),
• the accused person is avoiding service or is unable to be located,
• the accused person was never actually arrested for the offence, or
• the Crown cancels an undertaking and seeks a warrant because they are seeking the accused person's detention or conditions on the release of the accused person (see Criminal Code, s 512).

7. Fingerprinting and photographing

A person in lawful custody for an indictable offence (or a hybrid offence) may be fingerprinted and photographed. A person may be required to submit to being fingerprinted and photographed under the Identification of Criminals Act, RSC 1985, c I-1.

The police commonly fix the date for fingerprinting prior to the date of the first appearance and prior to any charge approval decision by Crown Counsel. If the accused person has already been fingerprinted and the Crown does not approve the charges or stays the proceeding, the accused person can apply to the police force who collected the fingerprints to have those fingerprints destroyed.

8. Charge Approval by Crown Counsel

In BC, charge approval is conducted by Crown Counsel, not the police. On occasion, an accused person will have a compelled court appearance or will be arrested for an offence by the police. However, when the Crown reviews the charges being recommended by the police, they may conclude that they do not meet Crown's charge approval standard.

The criteria used by Provincial Crown to determine whether to proceed with a charge are:

1. whether there is a substantial likelihood of conviction, and
2. whether it is in the public interest to proceed.

More information regarding charge approval is available online in the Crown Counsel Policy Manual (Policy Code CHA 1) accessible online at: http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/prosecution-service/crown-counsel-policy-manual/cha-1-charge-assessment-guidelines.pdf

C. Appearance Requirements

For summary offences, an agent may appear for the accused person if the accused person is unable to attend court, unless the accused person's appearance is specifically ordered (Criminal Code, s 800(2)). However, under s 802.1, an agent cannot appear for an accused where the maximum term of imprisonment for the summary offence exceeds six months, unless: (a) the defendant is an organization; (b) the defendant is appearing to request an adjournment of the proceedings; or (c) the agent is authorized to do so under a program approved — or criteria established — by the lieutenant governor in council of the province (see Criminal Code, ss 800(2) and 802.1).

For indictable offences, a self-represented accused person must appear in person or remotely via MS Teams (see section III for further information on appearing remotely). However, if the accused person is unable to attend, anyone can appear with leave of the court (permission of the court) to explain why the accused person is unable to attend. If the court is satisfied with the explanation, the court can note the accused person's non-appearance and delay the issuance of a warrant for their arrest.

For more information on summary vs. indictable offences see Section V: Substantive Law.

An accused person who fails to attend court without lawful excuse as required under a release order, appearance notice, undertaking, or summons, may be charged with an offence (Criminal Code, s 145(2)-(3)). More frequently, a judge will issue a warrant for their arrest (see above: IV.B.4. Arrest for non-appearance).

D. Initial Appearance(s)

Matters are generally set for the Initial Appearance Room if the accused person either has not previously appeared in court for this matter, has not yet obtained counsel, or has not set a date for trial or guilty plea. An accused person can have multiple initial appearances. If the accused person has not yet made their first appearance in court, they should attend their initial appearance and obtain the particulars and the Initial Sentencing Position (ISP) from Crown.

NOTE: If the accused person does not have counsel and wants to obtain counsel, an adjournment will likely be granted. The case will be adjourned until the accused person has had an opportunity to discuss the case with counsel. If the accused is self-represented, they should consult duty counsel.

1. Procedure at Initial Appearance

At an initial appearance, the accused person comes forward, the Crown indicates the nature of the offence without reading the Information, and a justice makes inquiries as to whether the accused person has legal counsel and the intentions of the accused person regarding the case. An accused person should not enter a plea at an initial appearance. One cannot enter a guilty plea in front of a Justice of the Peace. There will often be many appearances before a plea is entered or a trial is set.

Before the accused person is asked to decide how they will plead, counsel should ensure that the accused person fully understands their legal rights, the consequences of a guilty plea, the conditions under which the court can accept a guilty plea (Criminal Code, s 606(1.1)), and the Crown's burden of proof to prove all elements of the offence beyond a reasonable doubt. Counsel should also discuss any possible defences, mitigating factors, and any possibility of being found guilty for lesser included offences if guilt is not established for the original charge.

2. Language Rights

a) Official language rights

Section 530 of the Criminal Code guarantees every accused person the right to a trial in English, French, or both. Since the release of R v Tayo Tompouba, 2024 SCC 16, courts have been careful to ensure that all accused persons are aware of their s 530 language rights. Often, the accused will be informed of these rights at the first appearance. Alternatively, the Provincial Court has developed a standard form that can be used to satisfy the requirement that the accused be informed of their language rights. This form can be accessed at:

https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/criminal/pcr976.pdf

a) Interpretation rights

Accused persons who cannot speak and/or understand spoken English or French are guaranteed free access to in-court interpretation by section 14 of the Canadian Charter of Rights and Freedoms. This right applies to accused persons who speak other languages as well as to accused persons who are Deaf. An accused person who needs an interpreter should inform the Court Registry at the courthouse where their matter is scheduled to be heard prior to their first appearance. They should also inform their lawyer of their need for an interpreter as soon as possible. Unrepresented accused persons should inform the Crown Counsel in charge of their case.

E. Obtaining Particulars

Accused persons are entitled to the particulars. Crown Counsel will often delay printing a physical copy of the particulars until they know whether the accused has counsel, as defence counsel is usually provided with the particulars electronically. An unrepresented accused person should request a physical copy of particulars at the first appearance and adjourn until they receive said particulars.

Law students and self-represented accused persons can request particulars by emailing the Crown. Crown email addresses can be obtained by calling the Crown Counsel office in the city in which the charge was laid.

Particulars received electronically may be password-protected and sent through the Secure File Transfer Service (SFTS). A temporary account is given to counsel to access SFTS. If counsel has received the wrong password or are unable to open the particulars, they should contact Crown directly.

NOTE: When lawyers, law students, or self-represented accused persons receive the particulars, they enter an implied undertaking, which is a legally binding agreement not to use the particulars for any other reason than the legal matter at hand. When law students, lawyers, and self-represented accused persons receive the particulars, they contain instructions not to share the particulars. This includes a prohibition on entering the particulars into Artificial Intelligence programs and posting them on social media. If someone shares or posts the particulars, they could be charged with an offence against the administration of justice (see Criminal Code, s 139(2)).

F. Review the Particulars

The particulars should include the following documents:

1. The Information

The "Information" contains the specifics of the charge, including the date of the alleged offence, the name of the accused person, and the specific section of the statute allegedly contravened. The Information guides the entire legal process faced by the accused. See Appendix A for a sample Information.

a) Review the Information

The Information should be reviewed to determine with which offence the accused person has been charged. The relevant Criminal Code provisions should be reviewed in an annotated Criminal Code which often provides quick references to common issues that arise from prosecution under that section.

The defence/self-represented accused person should review all aspects of the Information to ensure that it has been laid properly. Particularly, they should ensure that the Information has been laid within twelve months of the alleged offence for all summary conviction offences. They should also ensure that the date of the alleged offence and the names of the accused and complainant are correct.

b) Content of the Information

The Information must contain sufficient allegations to indicate that the named person committed an offence. It may contain "counts" charging the accused person with separate offences. It must contain sufficient details of the circumstances of the offence(s) to enable the accused person to make full answer and defence to the charge (Criminal Code, ss 581(1), (2) and (3)). If the Information does not contain sufficient particularisation to allow full answer and defence to the charge, an application may be brought to the court to particularise the Information (Criminal Code, s 587).

c) Obtaining the Information

If the Information is not contained within the particulars package, a copy may be obtained from the court registry or Crown Counsel's office any time after it is laid.

d) Striking down an Information

A motion can be made to quash the Information (or a count therein) before the plea or, with leave of the court, afterwards (Criminal Code, s 601(1)). Although this is rare, situations in which an Information might be struck down include if it does not adequately state the charge, does not include the date of the offence, or contains an unclear description of the circumstances of the alleged offence. To remedy the defect, the court may quash the Information or order an amendment. Amendment powers are considerable, and the Information may be amended at any time during the trial so long as the accused person is not prejudiced or misled. The court will generally amend an Information if the defects are in form only. R v Stewart, (1979) 46 CCC (2d) 97 (BCCA) makes it clear that courts tend to focus on substantial wrongs, not mere technicalities. There are generous provisions in the Criminal Code that allow technical defects in form and style to be disregarded (ss 581(2) and (3), and s 601(3)).

Challenging an Information

Crown must prove beyond a reasonable doubt the offence as alleged in the Information. This includes the identity of the accused person, the location of the crime (British Columbia), the physical criminal act, and a guilty mind. Amendments to an Information after the defence has closed its case are less likely to be granted. This is because the accused person is prejudiced by any subsequent amendment of the Information. Hence a possible strategy on a case where there is an error in the Information is to wait out the Crown's case, close the defence case, and then argue reasonable doubt on the offence as alleged (R v Saunders, [1990] 1 S.C.R. 1020]).

e) If the Information is Struck Down

If there has been no adjudication of the case on its merits, the prosecutor may lay a new Information. The prosecutor must do so within the limitation period.

f) Limitation Periods and the Information

Section 786 of the Criminal Code states that no proceedings may be initiated in summary conviction offences after twelve months have elapsed from the time of the alleged offence, except on agreement of the Crown and the accused person. The date on which proceedings are initiated is the date the Information is laid. Indictable offences have no specific statutory limitation period, except for treason.

2. The Initial Sentencing Position (ISP)

The Crown usually provides an Initial Sentencing Position (ISP) with the particulars. The ISP indicates the sentence the Crown would seek if the accused were to plead guilty before a trial is set. Self-represented accused persons and their counsel can request a more detailed ISP. See Appendix B for a sample ISP.

3. Report to Crown Counsel (RTCC)

The Report to Crown Counsel (RTCC) sets out the police officer's narrative and summary of the case. It usually has a summary of the witness statements as well as what the police officer(s) themselves observed, and police actions taken in relation to the investigation of the alleged crime. It should also state whether the accused has a prior criminal record.

The RTCC typically contains:

• Summary of Police Notes,
• Summary of Witness Statements,
• Description of any Photographs or available Surveillance,
• Description of any expert evidence the police have requested,
• Criminal Record, and
• Summary of other important evidence collected by police in the investigation.

When the accused person receives the RTCC with the particulars, the RTCC should be cross referenced to the particulars to ensure that full disclosure has been made of the investigative file. If the RTCC mentions an audio statement that was taken, that audio and perhaps a transcript of the audio should be included in the disclosure. In addition, ensure that there is a narrative and corresponding personal notes from each police officer mentioned in the RTCC and that any other evidence mentioned in the RTCC has been provided in the particulars. If something is missing from the file, make a disclosure request to the Crown in writing, as soon as possible.

4. Release conditions (contained within the bail or undertaking document)

Release documents can be obtained from the court registry if the accused has misplaced the copy they should have been given upon release. The accused person should review the release conditions and ensure that they understand all of the conditions and the importance of abiding by the conditions of release regardless of how unfair or difficult those conditions are to follow. In a case of domestic assault, there will almost always be no-contact conditions and area restrictions. The accused person may encounter situations where the complainant and the accused person wish for contact and there is a no-contact condition. In such cases, the accused person and their counsel can pursue bail variations (see section IV.B.2.a above for bail variations) if the conditions were imposed by a judge. If the conditions were imposed by a police officer, the accused person and their counsel can pursue undertaking variations (see section IV.B.2.a above for undertaking variations).

If the accused person has a good reason to have their release conditions varied, Crown Counsel should be contacted. The reason for the proposed variation should be explained to Crown Counsel. It is important to make a convincing argument for the proposed variation directly to Crown Counsel, as an application cannot be made to vary bail conditions in Provincial Court without the Crown's consent. In practice, Crown Counsel only consents to hearing applications for bail variation in Provincial Court when they agree with the proposed variations. Variation applications without Crown Counsel's consent can be made at the BC Supreme Court.

If there is a no-contact condition or an area restriction, contacting the complainant or going to that location is a separate criminal offence.

G. Assessing the Strength of the Case

Once the accused person has received the particulars and knows the evidence that Crown seeks to lead in its case to prove the accused person's guilt, it is important to critically assess the strength of the Crown's case and consider any challenges which can be made. At this stage, the defence/self-represented accused person should be in a position to review the elements of the offence and be able to concisely summarize the key evidence that the Crown will seek to adduce at trial to prove each element of the offence.

1. Things to Consider when Assessing the Crown's Evidence

For each key piece of evidence that the Crown needs to establish its case, consider the following:

a) Is the Evidence Direct or Circumstantial?

Direct evidence is direct proof of a fact, whereas circumstantial evidence suggests an inference to a fact. An example of direct evidence is security camera footage of the accused person committing a crime, whereas an example of circumstantial evidence is security camera footage of the accused person near the crime scene five minutes later. If the evidence is circumstantial, is there an innocent explanation for the totality of circumstances?

b) Is the Evidence Testimonial?

When witnesses tell the court what they witnessed during a trial, the information they provide is called testimonial evidence. For testimonial evidence, consider the reliability and credibility of the witness(es). Consider whether there is a good reason to suspect that the witness(es) is mistaken (reliability) or lying (credibility).

c) Is the Evidence Physical Evidence?

If the evidence is physical evidence that has been collected by the police, consider the chain of custody of the item and whether there has been a break in the continuity of custody.

d) Is there a Possible Charter Challenge?

Consider whether there is a possible Charter challenge that could result in the exclusion of evidence. Charter challenges include challenges to police searches, arrests, and confessions (see Section IX for information on Charter challenges).

e) Are there any other Exclusion Rules?

Consider whether there are other exclusionary rules that could be used to exclude any key pieces of evidence that the Crown needs to prove its case. Generally, if a piece of evidence is more likely to unfairly prejudice the judge or jury against the accused person than it is to help them make a fair determination, the evidence will be excluded (R v Seaboyer, [1991] 2 SCR 577).

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