From
https://www.ppsc-sppc.gc.ca/eng/pub/fpsd-sfpg/fps-sfp/tpd/p5/ch09.html
The Pre-enquete – Section 507.1
Section 507.1 governs pre-inquiry hearings in the case of private prosecutions.
Footnote 9 It requires that a justice receiving an information sworn by a private informant refer that information to a provincial court judge or, in Quebec, to a judge of the Court of Quebec or to a designated justice to consider whether to compel the appearance of the accused. The justice or judge conducts a pre-enquete to determine whether process should issue to compel the attendance of the person named in the information to answer to the charge, thus to determine whether a criminal prosecution will be commenced.
These provisions were designed to provide a judicial screening process to avoid burdening the justice system with vexatious litigation, misuse of the criminal process in order to advance a civil dispute, and to protect innocent persons from the stigma of having to appear in court on such matters. Footnote 10
This “pre-enquete” or process hearing
Footnote 11 places the onus on the private informant to establish that a summons or warrant should issue to compel an accused to attend before the court to answer a criminal charge. The information must establish a
prima facie case, requiring some evidence on all of the essential elements of the offence.
Footnote 12
The judge or designated justice may issue process compelling the appearance of the accused only after considering the allegations and evidence of the informant and being satisfied that the relevant Attorney General has received a copy of the information, has been given reasonable notice of the hearing and has had an opportunity to cross-examine, call witnesses and present evidence.
A criminal proceeding commences with the swearing of an information. A criminal prosecution commences with the issuance of process to compel the appearance of the accused. Crown counsel may intervene to take over the prosecution or withdraw a charge only
after the court makes an order issuing process.
Footnote 13 Crown counsel may, however, enter a stay at any time after an information is sworn.
Section 507(2) to (8 ) regarding compelling appearance in public prosecutions applies to the hearing under
s. 507.1. Unless expressly prohibited in a particular statute, the
Criminal Code provisions permitting private prosecutions apply to other federal statutes.
Footnote 14 Thus, s. 507.1 applies to proceedings under the Criminal Code and all other federal acts.
If the pre-enquete justice does not issue process to compel the appearance of the accused, and the private prosecutor has not commenced proceedings to compel process within six months, the Information is deemed never to have been laid.
Footnote 15