Private Prosecutions in Ontario – Lay Criminal Charges Without Police Involvement
If the police decline to investigate or charge someone who has wronged you, the Criminal Code allows you — the citizen — to initiate criminal proceedings through a process called a private prosecution. At Law Booth, we help victims of assault, fraud, harassment, and other offences bring cases before the court directly.
Police Refused to Press Charges?
You May Still Be Able to Seek Justice Through a Private Prosecution.
A private prosecution allows an individual (the “informant”) to lay criminal charges without police involvement, using section 504 of the Criminal Code of Canada.
You submit an Information (sworn statement of allegations) directly to a Justice of the Peace. If the court finds your claim valid, it may:
Issue a summons or warrant for the accused
Proceed to a pre-enquete hearing
Advance to criminal trial with Crown involvement
This legal process is complex — but powerful — and is best navigated with an experienced lawyer.
What Is a Private Prosecution?
Private prosecutions are useful when:
Police refuse to investigate or lay charges
The incident was minor or “too old” for police to prioritize
You have clear evidence of a criminal offence
You are being stonewalled or ignored by authorities
You want justice but don’t want to sue civilly
Common cases:
Domestic assault or family violence
Workplace assault or harassment
Stalking, threats, or harassment
Sexual assault
Fraud, identity theft
Mischief or property damage
When Should You Consider a Private Prosecution?
OUR ROLE AS YOUR PRIVATE PROSECUTION LAWYER
At Law Booth, we act for victims and private individuals to:
✅ Prepare and draft the Information
✅ Swear the Information before a Justice of the Peace
✅ Attend and represent you at pre-enquete hearings
✅ Work with Crown counsel if the case is taken over
✅ Assist with evidence gathering, affidavits, and witnesses
✅ Protect your rights and privacy
✅ Seek peace bonds or no-contact orders, if needed
We also defend individuals who are falsely or maliciously prosecuted by private parties.
WHAT HAPPENS IN A PRIVATE PROSECUTION?
Filing of Information: We prepare and file a sworn statement (Form 2).
Pre-Enquete Hearing: The judge determines if there’s a “prima facie case.”
Judicial Authorization: A summons or warrant is issued if the case is viable.
Prosecution Management: The Crown may:
Take over and continue prosecution
Take over and stay the proceedings
Let the private prosecutor continue (rare)
WHEN WILL THE CROWN STAY A PRIVATE PROSECUTION?
The Crown may intervene and stop a private prosecution if:
The evidence is too weak or lacks credibility
It’s not in the public interest
The matter is already resolved civilly
The prosecution is seen as vindictive or abusive
There’s delay or lack of disclosure
At Law Booth, we help you build a solid case so the Crown has no reason to shut it down.
FREQUENTLY ASKED QUESTIONS
PRIVATE PROSECUTIONS
Q1: Do I need a lawyer to file a private prosecution?
Technically no — but in practice, yes. Private prosecutions involve legal procedures, evidence rules, and court appearances that are extremely hard to manage without legal training.
Q2: Can I get someone arrested through a private prosecution?
Yes. If the court finds your Information credible and issues a warrant, the accused can be arrested. More commonly, a summons is issued for them to appear in court.
Q3: What happens after the Information is accepted?
The court may hold a pre-enquete hearing, and if it finds sufficient grounds, it will authorize the charge. The Crown may then review, take over, or continue the prosecution.
Q4: What evidence do I need?
The same standard applies as with police: you need to show reasonable and probable grounds that an offence occurred. This may include:
Texts, emails, video/audio
Police notes from previous complaints
Medical or psychological records
Witnesses or sworn affidavits
Q5: Can I prosecute my ex-partner or boss?
Yes, if their conduct meets the threshold of a criminal offence. Many cases involve family violence, harassment, or workplace abuse.
Q6: Can someone file a private prosecution against me?
Yes — and if that happens, we defend your rights. We challenge the credibility, motive, and legality of private claims filed out of revenge or misunderstanding.