4. Apply for a private prosecution

To apply for a private prosecution, you must fill out a Private Prosecution Application. Send the completed application to your local Ontario Court of Justice by email, mail, or in-person.

In your application, you must explain why you believe that a person has committed a crime. You must also show that your belief is reasonable. This means it is supported by evidence. Evidence could be your witness statement. Give details about the crime like the location, date and time, and how you know it was the person you're accusing who did the crime. Explain how you know these details and what evidence you have to prove those details. For example, you might have videos of the crime or witnesses who saw what happened.

You must also list the names, addresses, and telephone numbers of the witnesses you want to testify at the hearing.

You need to say whether the police have investigated and what they said or did. You also need to say whether you already tried to apply for a private prosecution for this crime. If you applied before, you must explain why the Justice of the Peace (JP) refused your application. If you have new evidence that the first JP didn't see, you must explain what it is in detail.

CLEO's Guided Pathway for Private Prosecutions can help you fill out a Private Prosecution Application for certain crimes involving gender-based violence. You can't use it for sexual assault. The pathway will ask you questions, give you information to help you answer them correctly, and use your answers to fill out the form. The Guided Pathway will also explain the private prosecution process, so you know what to expect.