Guided Pathway for applying for a private prosecution

CLEO’s Guided Pathway for applying for a private prosecution is for people who are victims of crimes involving gender-based violence. Crimes involving gender-based violence are committed against someone because of their gender identity, gender expression, or perceived gender. Examples of these crimes are watching you, stalking you, sharing intimate images of you without your consent, and assault.

This Guided Pathway can help you learn about private prosecutions, or apply for a private prosecution for certain types of crimes. These crimes are listed below in the table. A private prosecution is when an individual applies to the court to lay charges against a person they believe committed a crime.

Usually, when a crime is committed, someone reports it to the police. Then, the police investigate, and decide whether there’s enough evidence to lay charges. If the police don’t investigate, or if they decide not to lay charges, you can apply for a private prosecution.

You can use this pathway to:

learn about certain types of crimes (listed below)
prepare to talk to the police, either for the first time, or at any point during an investigation
learn about what’s involved in applying for a private prosecution
decide whether you want to apply for a private prosecution
complete an application for a private prosecution

If you’re the victim of sexual assault, you can use this pathway to learn about resources that can support you, and to prepare to talk to the police. But you cannot use this pathway to apply for a private prosecution for sexual assault. If you want to apply for a private prosecution for sexual assault, you should talk to a lawyer.

If you’re 16 or older and a victim of sexual assault in Ontario, you may be eligible for up to 4 hours of free legal advice by phone or video. This service is confidential and is available any time after a sexual assault happens.

The Guided Pathways ask you a series of questions about your situation, give you information to help answer them, and create documents based on your answers.

You can use this pathway to apply for a private prosecution if:	What you need to get started
you’re the victim of one of the following crimes: voyeurism publication of intimate images without consent criminal harassment or harassing communications assault uttering threats forcible confinement extortion failing to comply with a court order or condition the crime was committed in Ontario you live in Ontario you believe the person who committed the crime lives in Ontario If you don’t meet these criteria, you can still use this pathway to learn about these crimes and private prosecutions, but you won’t be able to apply for a private prosecution.	the name and address of the person you’re accusing, and their date of birth, if possible if you want to prosecute someone because you believe they violated a court order, a copy of the court order information about any evidence or witnesses you have—the pathway will ask you to describe your evidence and list your witnesses the courthouse and date, if you previously applied for a private prosecution for the same alleged crime If you want to use the pathway to prepare to talk to the police, you may want to have the same information listed above before you start. If you want to use the pathway to learn about certain crimes and the private prosecution process, you don’t need any information before you start.

You can use this pathway to apply for a private prosecution if:

What you need to get started

you’re the victim of one of the following crimes:
- voyeurism
- publication of intimate images without consent
- criminal harassment or harassing communications
- assault
- uttering threats
- forcible confinement
- extortion
- failing to comply with a court order or condition
the crime was committed in Ontario
you live in Ontario
you believe the person who committed the crime lives in Ontario

If you don’t meet these criteria, you can still use this pathway to learn about these crimes and private prosecutions, but you won’t be able to apply for a private prosecution.

the name and address of the person you’re accusing, and their date of birth, if possible
if you want to prosecute someone because you believe they violated a court order, a copy of the court order
information about any evidence or witnesses you have—the pathway will ask you to describe your evidence and list your witnesses
the courthouse and date, if you previously applied for a private prosecution for the same alleged crime

If you want to use the pathway to prepare to talk to the police, you may want to have the same information listed above before you start.

If you want to use the pathway to learn about certain crimes and the private prosecution process, you don’t need any information before you start.

Any personal information that you enter into the pathways is confidential. CLEO will not give your personal information to anyone unless you ask us to do this.

Read more in the Terms of Use and Privacy Policy.

Need help?

If you need help using the Guided Pathways or have questions, contact support@cleo.on.ca.

CLEO’s Guided Pathways don’t give you legal advice. For advice about your situation, talk to a lawyer.