The applicant sought an order of mandamus requiring a justice of the peace to receive a private information alleging that a police officer committed indictable offences.
The justice of the peace had refused to receive the information after determining there were no reasonable grounds to believe an offence had been committed.
The Superior Court held that receiving an information is a ministerial act where the information is facially compliant with s. 504 of the Criminal Code.
Because the complaint alleged indictable offences, asserted reasonable and probable grounds, and indicated territorial jurisdiction, the justice of the peace was obliged to receive and swear the information.
The matter was ordered remitted so the information could proceed to the pre‑enquête stage to determine whether process should issue.
