Prosecutions consist of five basic parts:

1.. Laying the information
2.. issuing the summons
3.. serving the summons
4.. setting the trial date
5.. the trial

1. Laying the Information
The first step is to go to a justice of the peace (JP) at your local court and sign a form on which you set out the details of the alleged offence. This form is called an "information," and you are referred to as the "informant." The JP then asks you to swear that this statement is true, and the JP signs his or her name as a witness. This process is called "swearing the information." Formal charges have now been laid.

Draft the charges with care, because inaccurate information may hurt your chances of a successful prosecution. Often the JP will draft the charges for you, or you may wish to fill out the form with the help of a lawyer. Here are some tips:

a.. The forms used for provincial offences are different from those for federal offences, so be sure you get the right one.
b.. Be sure to lay the information promptly. Under the Ontario Provincial Offences Act and the summary conviction provisions of the Criminal Code, you have only six months from the time an offence occurred to lay the charges. Some statutes have shorter or longer limitation periods.
c.. Be precise. It is safest to follow the wording of the statute describing the offence (e.g., the Highway Traffic Act) as closely as possible.
d.. State the specific date and place where the offence occurred, and give the name of the accused in full. If the accused is a corporation, use the full corporate name.
e.. When the information relates to more than one breach of the law, set out each offence in a separate "count" (separately numbered paragraphs each setting out all the details of one offence).
f.. When laying charges under the Highway Traffic Act against the registered owner of a motor vehicle, set out not only the section of the Act that was violated but also that the violation occurred contrary to section 207, the section that makes the owner liable for violations by the driver.

2. Issuing the Summons The JP has no discretion in swearing the information - he or she can't refuse to do it. However, the JP does have discretion not to take the next step: issuing the summons to the accused. The summons is a copy of the information that also states the time and place where the accused must appear to answer the charges.

JPs are mainly used to issuing summonses for the police, and some JPs may be reluctant to issue a summons requested by a private citizen. The JP can ask you probing questions, so it is advisable to be well prepared when you visit the JP to swear the information, and even to bring a lawyer with you if you anticipate difficulty.

If the JP issues the summons, he or she will usually make it "retumable" in about two to four weeks' time. At least two weeks should be allowed, so there is enough to serve the summons on the accused. The "retum date" will not be the trial date, but the date when the prosecutor and the accused appear in court to set a date for the trial.

3. Serving the Summons on the Accused Serving the summons means delivering the summons to the accused. Serving a summons is generally valid only if it is done by a designated person - usually a police officer. [The staff of the county and district sheriff's offices are also peace officers, and for a fee they may serve summonses for you. Give them the summons as early as possible and follow up with them to check that the summons has been filed.]

To be on the safe side, it's a good idea to also personally deliver or mail a copy of the summons to the accused. Even though the accused is not required to respond, many people do not know this and will come to court. Once the accused or his or her lawyer appears in court, the accused is bound by the summons, even if he or she need not have appeared.

Once a summons has been served, the person who served it must fill out and sign an "affidavit of service" on the back of a copy of the summons. This affidavit sets out the identity of the person served with the summons, and the time and place the summons was served. It is then up to you to make sure the copy of the summons with its affidavit of service is filed in the proper court before the return date (this will mean chasing up the police officer or whoever served the summons).

4. Setting the Trial Date On the return date, the informant and the accused or their lawyers meet to set a trial date. Choose a date far enough away to give you time to prepare, and to give the accused written notice of all the documents you intend to use as evidence. (Otherwise the documents may be inadmissible.) Also make sure you choose a date when all your witnesses are available.

The court will set a trial date and adjourn the case to that day.

If the accused does not tum up on the return date, the court will go ahead anyway and set a date for the trial. But if the affidavit of service has not been filed with the court, the court will not proceed, and a new summons will have to be issued.

5. The Trial You have the right to conduct your own prosecution, or to have a lawyer do it. Private prosecutions are not unusual, and private citizens often lay charges and prosecute them on their own in simple cases.