Unfortunately case law authority sometimes confuses what should be a fundamental difference between a count that violates the single transaction rule and a count that violates the duplicity rule. The single transaction rule has, at its base, a consideration of the factual circumstances that underpin the allegation contained in the count. The duplicity rule, in contrast, is concerned with the legal circumstances of the count. If the count is objectionable because it contains two separate and distinct legal allegations or charges, then the objection is framed in a manner that invokes the duplicity rule. If the count is seen to be objectionable based on the facts that underpin the count in the indictment, then the objection invokes the single transaction rule.
A conspiracy count that alleges two separate and distinct conspiracies may be viewed as duplicitous. A count that charges break and enter on the 23rd day of April and an assault on the 3rd of June relating to separate and distinct facts, would be objectionable as offending the rule against duplicity. In R. v. Cotroni1 the Supreme Court of Canada found a single count of conspiracy as charging only one conspiracy; but supported by proof of more than one conspiracy. In these circumstances the court found that the charge was not duplicitous.
The word “transaction” is not synonymous with the word “offence”. A series of acts may be successive and cumulative, and take place over a period of time, and, even in different locations, yet not offend the single transaction rule. It is for the court to determine whether the incidences are sufficiently connected in time and place and circumstance so as not to offend the single transaction rule. Consequently, a number of occurrences or separate acts taking place over time that amount to one continuing set of events may be considered a transaction, and, may properly be charged in one count in an information or indictment.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
Subscribe to Patrick Ducharme’s Youtube Channel