Who decides to lay a charge depends on which province you are in. In Nova Scotia the police lay the charge when they have reasonable grounds, and a Crown attorney reviews it afterward. In New Brunswick the Crown screens most charges before they are laid, so a police officer’s decision is a recommendation until a prosecutor approves it. Either way, a complaint from a member of the public is not a charge and never has been.
That difference changes how quickly a file moves and how much room there is to make submissions before anything is sworn.
A Charge Begins with an Information Sworn Before a Justice
A criminal proceeding starts when someone swears an Information before a justice of the peace stating that they have reasonable grounds to believe a person committed an offence. In almost every case that person is a police officer.
Reasonable grounds is a lower standard than proof beyond a reasonable doubt. It means an objective basis for the belief, not certainty and not a case that is bound to succeed. Charges are laid on that standard every day and later withdrawn when the file is read properly.
Pre-Charge Screening Changes the Timing in New Brunswick
New Brunswick is one of the Canadian jurisdictions where the prosecution service reviews proposed charges before they are laid. A prosecutor applies the charging standard first, and cases that cannot meet it are not sworn at all.
Nova Scotia screens after the fact. The charge is laid by the officer and a Crown attorney then decides whether to continue with it. The practical consequence for an accused is that in Nova Scotia the charge exists while the assessment happens, with a court date and release conditions already attached.
A Member of the Public Reporting You Starts an Investigation, Not a Prosecution
People report licence plates, neighbours, drivers and ex-partners constantly. A report is information given to the police, and by itself it produces nothing.
An investigation follows. The officer decides whether there is anything to it and gathers what evidence exists, applying the reasonable grounds standard to it. A complaint that is uncorroborated, inconsistent, or driven by an obvious motive frequently ends there.
An Officer Does Not Have to Witness a Criminal Offence to Charge You
For most provincial tickets the officer needs to see the infraction, which is why a complaint about another driver rarely produces a ticket.
Criminal charges work differently. An officer can lay an Information on the strength of a witness statement, video, records or an admission, without having been present. Many assault and property files consist of exactly that, which is why what you say to an investigating officer matters so much.
The Crown Applies a Higher Standard Than the Police Did
Prosecutors in both provinces work from a published charging standard with two parts. There must be a reasonable prospect of conviction on the available admissible evidence, and the prosecution must be in the public interest.
A file that clears reasonable grounds can fail that standard, and Crown counsel withdraw charges on that basis regularly. The police cannot withdraw a charge once it is sworn. Only the Crown can, and the resolution without a trial chapter sets out the forms that takes.
Defence Submissions Before or Shortly After the Charge Can End a File
Once you know the police are investigating, there is a window in which counsel can put material in front of the officer or the prosecutor. Video, receipts, messages, or a coherent explanation of context can change a charging decision, and it is far easier to prevent a charge than to undo one.
That window closes quickly. It also carries risk, because anything provided can be used, and the decision about what to put forward is a legal one. Speak to a criminal lawyer before you speak to the investigator.
When the Police Decide Not to Charge, There Is a Private Route
A person who believes an offence was committed and who cannot get the police to act can lay a private Information under the Criminal Code. A justice then holds a hearing to decide whether process should issue, and the Attorney General has the right to attend, to take over the prosecution, and to stay it.
Private prosecutions almost never proceed, because the prosecution service applies the same charging standard it would have applied in the first place. The route exists as a safeguard, not as an appeal from a police decision.
What to Do When You Learn You Have Been Reported
Say nothing about the allegation. You are not obliged to give a statement, and the officer is not required to warn you that a friendly conversation is being recorded in notes.
Do not contact the complainant. That call becomes evidence and can produce a second charge on its own. Get advice about whether to make a submission, and read the right to counsel chapter before any interview. The firm defends charges in New Brunswick and Nova Scotia, and what we can do starts before the first court date.
FAQ
Can a Complainant Drop the Charges?
No. Once a charge is laid it belongs to the Crown, and a complainant who no longer wishes to proceed is a factor the prosecutor considers rather than a decision the prosecutor must follow.
How Long Do Police Have to Lay a Charge?
Purely summary conviction offences carry a limitation period of one year from the offence unless both sides agree otherwise. Indictable offences have no limitation period.
Will Police Tell Me I Am Under Investigation?
Not necessarily. Many people first learn of a charge when they are arrested or receive a summons in the mail.
Does a Charge Mean the Police Believe I Am Guilty?
It means an officer had reasonable grounds to believe an offence occurred. The Crown still has to prove the case beyond a reasonable doubt, and a great many charges never get there.