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| Patrick Ducharme |
Although the precision required of a charging document is not the standard required in the ITO, sufficient facts must be supplied so that the nature of the offence(s) under investigation is identified to the issuing Justice. The police usually attempt to provide as much information as possible about the alleged offence. They do so because the more information included in the ITO, the less likely the warrant will be struck down on an application pursuant to section 8 of the Charter. The Code provides no right of appeal from an order issuing a warrant.
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.
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