# FORM 2 — INFORMATION (DRAFT) ## Criminal Code of Canada, ss. 504, 506, 507.1 **Matter:** Failure to provide necessaries of life to persons under charge by reason of detention (custodial food / functional supermax conditions) **Date of draft:** 20 August 2026 **Status:** DRAFT FOR COUNSEL AND THE INFORMANT. Not filed. Not a pleading until sworn before a justice. --- CANADA PROVINCE OF ONTARIO ONTARIO COURT OF JUSTICE **INFORMATION** *(Criminal Code, Form 2 / ss. 504 and 506)* This is the information of ________________________________ of ________________________________, ________________________________ (occupation), hereinafter called the informant. The informant says that he/she has reasonable and probable grounds to believe and does believe that: --- ### COUNT 1 — Current federal principal **TALAL DAKALBAB**, Commissioner of the Correctional Service of Canada, of 340 Laurier Avenue West, Ottawa, Ontario, between the 17th day of March, 2026 and the 20th day of August, 2026, at the City of Ottawa, in the Province of Ontario, and throughout the penitentiaries of Canada under his control and management, being under a legal duty imposed by section 215(1)(c) of the *Criminal Code* to provide necessaries of life to persons under his charge who were unable, by reason of detention, to withdraw themselves from that charge and unable to provide themselves with necessaries of life, did fail without lawful excuse to perform that duty, the failure being likely to cause the health of those persons to be injured permanently, contrary to section 215(2)(b) of the *Criminal Code*. **Particulars:** control and management of the Service under *CCRA* s. 6; continuation of Commissioner’s Directive 880 and Guideline 880-1 (National Menu / cook-chill / meals “within monetary allowances”); Office of the Correctional Investigator findings on food quality; 2019 Internal Audit of Food Services (National Menu missed Canada’s Food Guide 6 of 28 days; spoilage). --- ### COUNT 2 — The Commissioner who signed the food directive **ANNE KELLY**, formerly Commissioner of the Correctional Service of Canada, between the 31st day of July, 2018 and the 16th day of March, 2026, at the City of Ottawa, in the Province of Ontario, being under the same legal duty, did fail without lawful excuse to perform that duty, contrary to section 215(2)(b) of the *Criminal Code*. **Particulars:** original signatory of Commissioner’s Directive 880 (Food services), in effect 28 June 2019, which (a) requires meals “within monetary allowances established by National Headquarters,” (b) sets “minimum” Food Guide as the nutritional floor, and (c) defines cook-chill as the industrial method. Tenure covers the OCI food-complaint spike and the 2019 internal audit. --- ### COUNT 3 — The officer who writes the food rules **TONY MATSON**, Assistant Commissioner, Corporate Services, and Chief Financial Officer, Correctional Service of Canada, of 340 Laurier Avenue West, Ottawa, Ontario, between the 26th day of June, 2019 and the 20th day of August, 2026, at the City of Ottawa, being under the same legal duty, or alternatively as a party under section 21(1) of the *Criminal Code*, did fail without lawful excuse to perform that duty, contrary to section 215(2)(b). **Particulars:** CD 880 paragraph 1 — the Assistant Commissioner, Corporate Services, “will develop Guidelines for the delivery of food services that must be followed.” Original signatory of Guideline 880-1. --- ### COUNT 4 — Party after notice (minister) **GARY ANANDASANGAREE**, Minister of Public Safety, between the 20th day of August, 2026 and the day of swearing of this information, at the City of Ottawa, as a party under section 21(1)(b) and (c) of the *Criminal Code* to the offence in Count 1, did abet and/or omit to do anything for the purpose of aiding the Commissioner to commit that offence, namely by failing, after written notice of the facts particularized above, to direct that custodial feeding meet a results-based standard sufficient to prevent weight loss and nutritional deficiencies. **Particulars:** ministerial responsibility for CSC; notice dated 20 August 2026 (TENET5 custodial-nutrition notice). Not pleaded as a s. 215 principal. Pleaded as a party **after knowledge**. --- ### COUNT 5 — Ontario superjail superintendent (lead provincial principal) **THE SUPERINTENDENT** of the **Toronto South Detention Centre**, 160 Horner Avenue, Toronto, Ontario (name to be inserted from the Ministry directory the morning of filing), between the 1st day of January, 2023 and the 20th day of August, 2026, at the City of Toronto, in the Province of Ontario, being under a legal duty imposed by section 215(1)(c) of the *Criminal Code* to provide necessaries of life to persons under his or her charge at that institution, who were unable by reason of detention to withdraw themselves and unable to provide themselves with necessaries of life, did fail without lawful excuse to perform that duty, the failure being likely to cause the health of those persons to be injured permanently, contrary to section 215(2)(b). **Particulars:** TSDC is a superjail (operational capacity 1,698). Ontario Human Rights Commission report on conditions of confinement; Superior Court of Justice, *R.* / sentencing decisions including *2024 ONSC 774* (Molloy J.) on extensive lockdowns cutting off fresh air, programs, and visits; staffing-driven lockdowns functioning as 23-hour cell confinement of a remand majority; meals cancelled, bagged, or served in-cell during lockdowns; Montford (2022) on Ontario prison food as “the embodiment of contempt.” --- ### COUNT 6 — Ontario Solicitor General as party **MICHAEL S. KERZNER**, Solicitor General of Ontario, between the 20th day of August, 2026 and the day of swearing of this information, at the City of Toronto, as a party under section 21(1)(b) and (c) to the offence in Count 5 (and like counts for Maplehurst Correctional Complex, Elgin-Middlesex Detention Centre, and South West Detention Centre), after written notice of overcrowding, lockdowns, and food conditions documented by the Ontario Ombudsman, the OHRC, CBC occupancy data (Maplehurst, SWDC, EMDC over capacity nearly four years), and the 20 August 2026 notice. --- ## Additional counts counsel may add (same Form 2 or sister informations) - Superintendent, **Maplehurst Correctional Complex** (Milton) — over capacity ~1,188 in a facility designed for 887 (2023 figures reported 2026). - Superintendent, **Elgin-Middlesex Detention Centre** (London) — continuous over-capacity. - Superintendent, **South West Detention Centre** (Windsor) — continuous over-capacity; sentence credits for conditions. - Superintendent, **Central East Correctional Centre** (Lindsay superjail). - **Civeo** as an organization (s. 22.1) if the centralized meal contract for ten Ontario facilities is live on the date of swearing. - s. 221 (criminal negligence causing bodily harm) **only** where a named inmate’s medical file shows injury. Do not plead s. 221 as a slogan. --- ## Informant’s grounds (attach, do not recite as rhetoric) 1. *Criminal Code* s. 215 — Justice Laws. 2. *CCRA* s. 6; definition of institutional head. 3. CD 880 (signed Anne Kelly) and GL 880-1 (signed Tony Matson). 4. OCI Annual Reports 2017–2025 (food). 5. CSC Internal Audit of Food Services (2019). 6. Johnson et al. (2022), *Nutrients* 14:3400. 7. Montford (2022), Ontario prison food. 8. OHRC, *Report on conditions of confinement at Toronto South Detention Centre*. 9. 2024 ONSC 774 (Molloy J.). 10. CBC, 8 December 2025, Ontario jail overcrowding data. 11. Ontario Ombudsman complaints 2024–25 (reported 30-year high). 12. Heijmans et al. (2008), *PNAS* — perinatal epigenetic risk (scope stated in the notice). 13. CAF Code of Conduct Rule 6; Geneva III Article 26 (comparator, not as a count). --- Sworn before me at _________________ this _____ day of ______________, 20____ _________________________________ Justice of the Peace / Judge _________________________________ Informant (signature) --- **s. 507.1:** After this is sworn, it is referred. A provincial court judge decides whether process issues. The Attorney General may intervene or stay. Expected. Diary the stay. **This draft is not legal advice.** Independent criminal counsel before the JP.