Justice Education Society of British Columbia

An absolute discharge may occur where the accused is found guilty or has pleaded guilty, but is deemed not to have been convicted of the criminal offence and no punishment or restrictions are placed upon them by the judge. Such a discharge cannot be given if the offence carries a minimum punishment, or is punishable for 14 years or greater.

The opportunity or right of the public to watch court proceedings.

Taking responsibility for an action or decision.

The accused is the person charged with a criminal offence. Also known as the Defendant.

An acquittal is a court finding of not guilty.

An act is a law that has been passed by the federal or provincial legislature.

Legal proceedings in a court to obtain compensation for something or to enforce a right.

From the Latin, guilty act, actus reus (physical) refers to the actual doing of the criminal act which must co-exist with mens rea (mental) which refers to the intent to commit the act.

An adjournment is a temporary delay of court proceedings, often at the request of either Crown counsel or defence counsel, but at the discretion of the presiding judge.

The management of a business, organization or institution.

Usually three people who decide matters that are brought before them such a Worker’s Compensation Claims.

When an accused is on trial for an indictable offence, counsel for both the defence and Crown may agree upon a statement of facts, which are admitted into evidence. This procedure will often speed up the trial process by eliminating the need to call a witness.

A formal legal process to adopt a child.

a written statement in which a person makes an oath or affirmation that the content is, to the best of their knowledge, true

See affirmation.

To “affirm the truth” refers to when a witness promises to tell the truth to a court. In this case, no Bible or other Holy Book is used to secure the oath. It is very common for a witness to choose this option.

Every one commits an aggravated assault that wounds, maims, disfigures or endangers the life of the complainant.

Alternative or extra-judicial measures are used most often for young offenders and provide an opportunity for a young person to avoid the formal justice system. They may include victim/offender reconciliation, community service, or payment of fines. Such programs are usually reserved for first time, non-violent offenders.

The formal document charging criminal offences at the Provincial Court level.

An appeal is an application for judicial review of a lower court’s decision by a higher court. Either Crown counsel or defence counsel can appeal a decision, but there are specific legal requirements. Also see Appellant or Respondent.

An Appearance Notice is a document asking someone to go to Court. It may be given to the accused by the officer at the scene, when the accused has not been arrested, requiring the accused to appear before the Court on a certain date. It may also be given to a witness, asking them to come to court to testify in a trial.

The appellant is the party who has initiated an appeal to a higher court. In a criminal case this could be either Crown counsel or the accused. The other party is known as the Respondent.

A court appearance is scheduled in which the Crown or defence makes an application to the Court (e.g. application to vary bail conditions).

A court appearance is scheduled in which the Crown or defence or one of the parties to a civil action makes an application to the Court (e.g. application to vary bail conditions).

To select a person or a group of people for an official position or to do a job.

After all evidence is tendered at a trial, Crown and defence are entitled to make submissions ("argument") to the Court. In jury trials this is called the closing address to the jury, or simply "the closing." The term also refers to submissions by counsel on legal issues that arise in relation to any matter before the courts.

Arraignment hearings are held to set the date of a trial.

Before a charge is laid, the police have the power to arrest. For most indictable offences, a police officer can arrest without warrant if the officer on reasonable grounds believes that the person has committed or is about to commit an indictable offence. For all other offences, an officer can only arrest if s/he finds the accused committing the offence, the public interest cannot be served without arresting the individual and/or has reasonable and probable grounds to believe that the arrest is necessary to ensure that the accused will appear in court.

Bail is the financial or other security guarantee put up by the accused or by someone on the accused’s behalf as an assurance that the accused will appear on the date of his/her trial.

A bail hearing is the process by which an accused person is released on bail pending his / her trial. Also see Judicial Interim Release and Show Cause Hearing.

In civil cases, balance of probabilities is the probability that one side is correct. The judge and/or jury weigh the evidence from both parties and make a decision about where the balance lies. Also see Burden of Proof or Proof Beyond a Reasonable Doubt.

A publication ban is an order made by the Court that prohibits the publication or broadcasting of the name of the victim or information which could disclose the identity of the victim or a witness in certain offences (mostly sexual offences), and information taken at a preliminary inquiry, bail hearing or trial.

The legal inability to pay debts.

A bench warrant may be issued by a judge for the arrest of an accused person or a properly served material witness who has not appeared in court as required.

In criminal cases, the Crown has to meet a standard of proof beyond a reasonable doubt. The Crown must show that the evidence is so complete and convincing that the judge/jury has no reasonable doubts regarding the guilt of the accused.

Builder’s legal claim on somebody’s property as security for a debt.

In criminal law, the burden of proof usually refers to the onus on the Crown to prove the guilt of the accused beyond a reasonable doubt. The balance of probabilities is the burden of proof applicable to civil trials. Also see Balance of Probabilities and Proof Beyond a Reasonable Doubt.

During jury selection, both the Crown and defence may make an unlimited number of challenges for cause. A challenge for cause is a challenge that must be proven on specific grounds, such as jury impartiality.

Pre-trial matter heard before a judge or master of the court.

If the court is satisfied that it is expedient to the ends of justice and/or an accused may not have a fair trial in the original venue (usually the courthouse nearest to where the alleged crime occurred), then upon application the Court may order that the trial be moved to another location. Often, pre-trial publicity will be advanced as a reason to change the venue.

The charge is the particular criminal offence alleged to have been committed by an accused which is contained on a sworn Information. The person remains charged with the offence until either conviction or acquittal or until the charges are stayed by Crown counsel.

The Crown Counsel's decision on whether or not to lay charges.

During a Supreme Court judge and jury trial, the charge to the jury is the instructions given to the jury by the judge which summarize the case and explain the law, enabling the jury to apply the law to the facts of the case.

The head judge of all the courts in BC. Usually, it is a Court of Appeal judge.

Circumstances or particulars are information about the alleged offence, which is contained in the Crown file and is disclosed to the defence and/or accused person (i.e. police narrative, witness statement). This is vetted to ensure no confidential material is disclosed.

an unresolved dispute between citizens, or between citizens and businesses or government

Laws that deal with the rights of private citizens. Civil cases deal with unresolved conflicts or disputes between individual or groups.

A demand for something somebody has a right to or owns.

A conditional discharge occurs when person is found guilty or pleads guilty and the sentencing judge discharges (relieves) the person of the offence, subject to the person abiding by the conditions prescribed in a probation order. There will be no criminal conviction if the offender successfully completes probation.

A conditional sentence is a sentence that is served by the offender in the community. The offender remains in the community under supervision, and is required to abide by a number of conditions.

A disagreement between two parties.

The crime of deliberately failing to obey or respect the authority of a court of law or legislative body.

A challenge or disagreement about the terms of a will.

A police officer who arrests a person may release him/her from custody conditionally on the person's giving a promise to appear or entering into a recognizance. The recognizance may contain conditions limiting the accused's liberty and may require a cash deposit to ensure compliance. Also see Recognizance.

A formal or legally binding agreement.

A conviction is registered when a person, charged with an offence, enters a guilty plea or is found guilty following a trial, and that person is not discharged. Also see Conditional Discharge.

Registered when a person, charged with an offence, enters a guilty plea or is found guilty following a trial, and that person is not discharged.

The lawyers involved in the court proceedings.

The lawyers involved in the court proceedings.

The assistant to the judge who swears in witnesses and supervises the exhibits during the trial.

The assistant to the judge who swears in witnesses and supervises the exhibits during the trial.

Hears appeals of indictable offences from trial courts. Also hears appeals from decisions of Supreme Court on summary conviction appeals. This is not a trial court.

A legally binding decision made by a court of law.

Place where the pleadings and documents for a court case are filed.

Law which sets out crimes or acts which the government has decided are illegal.

Both Crown counsel and defence counsel have the opportunity to question a witness called by the other side. This is a cross-examination.

Lawyers who work for the government. It is their job to present the Crown’s (or state’s) case. They are also known as prosecutors. In Canada, crimes are dealt with as wrongs against society as a whole and therefore, Crown counsel acts on behalf of all members of the public and do not represent the victim specifically.

The legal right and responsibility for raising a child and personally supervising the child’s upbringing, including the person’s right to keep the child in his or her home.

Damages include monetary compensation for financial loss, property loss, emotional injuries, physical injuries, loss of earnings, and costs of care.

Damages include monetary compensation for financial loss, property loss, emotional injuries, physical injuries, loss of earnings, and costs of care.

A dangerous offender is an offender who has been convicted of a serious personal injury offence and the court has found him or her to be a danger to society. If the court finds an offender to be a dangerous offender, a jail sentence will be given for an indeterminate period of time.

Day parole is a type of early conditional release from jail. It may be available six months before full parole and allows the offender to participate in community-based activities during the day and return the institution by night.

An amount of money, a service, or an item of property that is owed to somebody.

A decision is the court hearing in which the judge will give his or her ruling about the guilt or innocence of the accused or the sentence to be imposed. Also, it may refer to a ruling on a legal issue or a question about evidence.

The court hearing in which the Judge will give his/her ruling about the guilt or innocence of the accused or the sentence to be imposed. Also, it may refer to a ruling on a legal or evidentiary issue.

Defence counsel is the lawyer representing the person charged.

The lawyer representing the person charged.

The defendant is the accused in a criminal case.

The formal or official discussion or debate of something. For example, the jury would deliberate on the verdict in a court case.

When a detention order is given, the accused is denied bail and remains in custody until the conclusion of the trial, subject to bail reviews in Supreme Court. A detention order may also contain conditions not to contact the victim, witnesses, or other named persons.

The questioning by the lawyer who called the witness is called the direct examination. This may also be referred to as examination-in-chief.

Direct indictments are issued in some very serious cases. This means Crown counsel can, with the written consent of the Attorney General or Deputy Attorney General of British Columbia, have the case go directly to the Supreme Court of British Columbia without a preliminary inquiry (Section 577 of the Criminal Code of Canada (http://laws.justice.gc.ca/en/c-46/). The length and the complexity of the case are factors in choosing to proceed by direct indictment. In such a case, all future court appearances will be held in the Supreme Court of BC.

Disclosure is the act of making the Crown's case known to defence by providing information on the evidence or circumstances of the case. The Crown must disclose, or share, with the accused all the relevant information gathered in the investigation so that the accused can fully defend him or herself against the charges.

A disagreement or argument about something.

An ending of a marriage by an official decision in a court of law.

A formal piece of writing that provides information or acts as a record of events or arrangements. They can be used as evidence in trials.

A dual procedure offence is a category of criminal offences where the Crown counsel has the choice to proceed by either summary conviction or indictment. Also see Summary Conviction and Indictment.

For most indictable offences (with the exception of a charge of murder and some offences which must be tried in Provincial Court), the accused is entitled to elect, or choose, how to be tried: by a Provincial Court judge, a Supreme Court judge, or a Supreme Court judge and jury. After the accused has elected his/her mode of trial, s/he may re-elect (i.e.: change his/her mind) subject to some legal restrictions set forth in the Criminal Code.

Evidence is the information presented by Counsel or defence. It includes the testimony of witnesses as well as objects and documents known as exhibits. Admissible Evidence is evidence that may be received by a trial Court to aid the judge or jury. Inadmissible Evidence is evidence that may not be received by a trial Court, generally because it is not allowed by some specific rule of exclusion.

See alternative.

Buildings or services available in a certain location, for example, the courtrooms are in the courthouse facilities.

A series of facts that are presented in a story form.

Something that can be shown to be true, to exist, or to have happened. In a legal case it is based on or concerned with the evidence presented. Matters of fact are issues for a judge or a jury to decide.

Failure to appear is the term used when an accused does not attend a scheduled court appearance.

A conference is meeting between the parties, in the presence of the trial judge to discuss the case before the trial begins.

A person who helps the parties involved in a family dispute.

The central government of Canada based in Ottawa.

Charges collected by an institution, for example, money paid to file a claim in court.

A fine is a sentence, or one aspect of a sentence, involving a monetary sum to be paid to the court.

A fine is a sentence, or one aspect of a sentence, involving a monetary sum to be paid to the court.

A first appearance describes the first time the accused is asked to come to court.

The office, duty or authority of a guardian who is a person who is legally entrusted to manage somebody else’s affairs, especially those of a minor.

“Guilty” refers to either a plea by the accused admitting responsibility or a decision by the Court that the accused did commit the offence for which she or he was charged (or a lesser but included offence).

Habeas Corpus is an extraordinary remedy made by application to Supreme Court that challenges the validity of a person's detention in jail.

A hung jury occurs when the jury is unable to reach a unanimous decision. In this case, no verdict is rendered and the Crown counsel office must decide whether or not to proceed with a new trial.

The Criminal Code categorizes two types of offences, Indictable and Summary Conviction. Hybrid offences (sometimes known as dual offences) are those which Crown can proceed with under either category. The decision will be based on the seriousness of the circumstances, when the offence occurred, whether or not the accused has been previously convicted of a similar offence and the likely sentence to be incurred. Once the Crown decides and advises the Court, the offence is treated as the kind the Crown has chosen. See Indictable Offence and Summary Conviction Offence.

The Criminal Code categorizes two types of offences, Indictable and Summary Conviction. Hybrid offences (sometimes known as dual offences) are those which Crown can proceed with under either category. The decision will be based on the seriousness of the circumstances, when the offence occurred, whether or not the accused has been previously convicted of a similar offence and the likely sentence to be incurred.

Once the Crown decides and advises the Court, the offence is treated as the kind the Crown has chosen. See Indictable Offence and Summary Conviction Offence.

Something that is against a specific law such as those found in the Criminal Code of Canada.

Means not being biased, that is, not favouring one person or side more than another.

Free from the authority, control, or domination of somebody or something else. A person is capable of thinking or acting without consultation with or guidance from others.

Indictable offences are a category of criminal offences that are usually more serious crimes and carry greater maximum sentences than summary offences. Because these offences may have a more significant consequence to the accused if convicted, the accused has a choice about what level of court will hear the trial. The accused can choose to have the trial held in Provincial Court before a Provincial Court judge. If that is the accused’s choice and the accused is found guilty, the potential maximum sentences are the same as if they were tried in a federal court. See Summary Conviction Offence and Hybrid Offence.

An indictment is the process of dealing with more serious (indictable) offences, allowing the accused to elect the mode of trial. In Supreme Court the document containing the formal list of charges is also called the "Indictment."

See first appearance.

The burden of proof in a criminal case. It means that a person accused of a crime is innocent until the judge or the jury decides that the evidence presented at the trial proves that he or she committed the crime.

See preliminary hearing.

Involvement in something without any invitation or justification.

It is an order made by the court that serves as a temporary measure until something more complete and permanent can be decided.

An intermittent sentence allows the offender to serve his or her time of incarceration in intervals.

Legal matters in dispute between two parties in a case.

The “finder of fact” in a court case. S/he decides what happened as per the evidence presented, and decides how the law applies to the facts. S/he will then render a judgment.

The accused, charged with an indictable offence, has elected to be tried in Supreme Court by a judge without a jury.

The accused, charged with an indictable offence, has elected to be tried in Supreme Court by a Judge and jury.

A decision arrived at and pronounced by a court of law.

A judicial interim release is a bail hearing for an accused in custody on new charges; the accused is to be released pending trial unless the Crown can "show cause" to detain. In some cases (i.e. murder) the burden is on the accused to "show cause" why release on bail should be granted. Also see Bail Hearing.

They are judicial officers of the court who hear traffic and By-law matters as well as applications for search warrants and for bail.

An offender, who has been convicted of murder and has been sentenced to imprisonment for life without eligibility for parole for more than fifteen years, may apply for a reduction in the number of years of imprisonment through a judicial review. Offenders have to serve at least fifteen years of their sentence to be eligible. If the jury hearing the application reduces the period of parole ineligibility, the offender may then make an application for parole under the Corrections and Conditional Release Act at the end of that reduced period.

A judicial stay of proceeding occurs in rare circumstances when the Court terminates the proceeding prior to a finding of guilt. Also see Stay of Proceedings.

Jurisdiction refers to the power of an authority to hear and determine a case and also to the geographic area over which the Court has legal authority.

A group of people, usually twelve people, chosen to give a verdict on a legal case that is presented before them in a court of law. Civil juries have eight members.

A Justice of the Peace is an officer of the court who has some of the powers of a judge.

A legal action started in a court of law between two private parties or businesses or organizations or institutions.

A qualified professional advisor on legal matters who can represent clients in court or outside of court.

Laying an information is the formal means of laying a charge against an offender. The Criminal Code requires that a charge be brought in writing and under oath before a Justice of the Peace.

Legal Aid offers legal services to those who cannot afford counsel. Legal Aid offers different kinds of help depending on your legal problem and where you live in Canada. Victims of sexual assault who may require legal representation under Section 278.3 of the Criminal Code can also access this service.

A law or laws passed by an official body such as the Parliament of Canada or the Provincial Legislatures.

A false and malicious published statement that damages somebody’s reputation. Libel can include pictures and any other representations that have public or permanent form.

A party in a lawsuit.

The money somebody has to pay to ensure a reasonable standard of living.

A prosecution begun in malice without probable cause to believe the charges can be sustained. Malice means the intentional doing of a wrongful act without just cause or excuse, with the intent to inflict harm or pain to another.

The unlawful killing of one person by another without advance planning.

An attempt to solve a dispute by working with both sides to help them to reach an agreement.

a meeting between two or more parties to a claim for the purpose of reaching, with the assistance of a mediator, agreement on the issues in dispute

a neutral person, with no decision-making power, who acts as a facilitator assisting the parties in communicating, especially by negotiation

From the Latin, guilty mind, mens rea indicates the intent to commit a criminal act. Mens rea (mental) must co-exist with actus reus (physical), the doing of the criminal act.

Injury or damage caused by the actions of somebody or something.

A mistrial is a trial that ends without a final judgement, caused by a fundamental error. After a mistrial is declared, the trial must start again with the selection of a new jury if it is a jury case.

Relating to or involving money or currency.

A law passed by a municipal government.

“Not Guilty” is a plea made by an accused person to argue that they did not commit the crime. This plea places the burden on Crown to prove the accused's guilt beyond a reasonable doubt. Also the finding of a judge or jury following a trial in which Crown was unable to prove the accused's guilt beyond a reasonable doubt.

the form the claimant uses to make the claim

An official crime, or a crime against moral, social or other accepted standards.

The term “offender” means a person who has been determined by a court to be guilty of an offence, whether on acceptance of a plea of guilty or on a finding of guilt. In an informal context it can also refer to a person who is suspected of committing a crime.

The burden of proof or responsibility for acting in a legal proceeding.

The result or the way that something turns out in the end.

To reverse a previous decision, ruling, or law by using legal or legislative procedures.

A crime or infringement of a law or rule with respect to parking regulations.

Parole is the early release of an offender from incarceration (jail) in which he or she serves the remainder of his or her sentence in the community under supervision and specific conditions.

Perjury occurs when a person gives evidence in court that he or she knows is false. As outlined in the Criminal Code, anyone who commits perjury is guilty of an indictable offence and may be liable to imprisonment for a term not more than fourteen years. Also see Perjury.

A person who commits an offense or crime.

Somebody’s tangible movable property such as automobiles, boats and money. It does not include land.

A pleading in a civil action by which the plaintiff or person suing sets down the cause of action and invokes the court’s jurisdiction to make a decision in the case.

The person who petitions the court to take action in a civil case.

Somebody who begins a lawsuit in a civil court against somebody else called the defendant.

A plea is the answer given by an accused when charged with a criminal offence. Also see Guilty and Not Guilty.

Plea negotiation occurs when the Crown and the defence come to an agreement that the accused will plead guilty in exchange for a benefit such as reducing the charge against the accused or where the two sides agree upon a sentence.

A pre-emptory challenge is a challenge made by the Crown or defence counsel to eliminate a potential juror during jury selection. Counsel can only make a limited number of pre-emptory challenges, for which no reason need be given.

A pre-sentence report is a report prepared by a probation officer that the judge may use in determining a sentence for a person who pleads guilty or is found guilty. The pre-sentence report may include information regarding the accused's background such as their family, education and employment.

A pre-trial conference is meeting between Crown and defence, in the presence of the trial judge to discuss the case before the trial begins.

The requirement of a court to follow earlier decisions of a superior or previous court. For example, following a decision that can be used subsequently for a similar type of case.

A preliminary hearing is a court proceeding that is held before the trial to determine if there is enough evidence to proceed with the charges. During the preliminary hearing the Crown prosecutor can call witnesses to convince the judge that there is sufficient evidence against the accused to proceed with a trial. May also called a preliminary inquiry.

The presiding judge is the judge who has been selected to hear the case in question.

Something that is likely to exist, occur, or be true, although evidence is insufficient to prove or predict it with certainty.

Probation is a sentence, or portion of a sentence in which the offender is released into the community under the supervision of a probation officer and must follow certain conditions such as being of good behaviour, abstaining from alcohol, not contacting the victim, etc.

The accused may be arrested and then released by a police officer after promising to appear in court on a specific date. The document signed by the accused is called a "Promise to Appear".

It is the responsibility of Crown counsel to prove guilt beyond a reasonable doubt before the court can convict. Therefore, after hearing all the evidence, if the court has reasonable doubt about whether the accused is guilty, the accused receives the benefit of that doubt and is acquitted. Also see Burden of Proof.

To take legal action against someone in a court of law.

Prosecution is when legal proceedings are started against a person charged with a criminal offence.

Protocol is the formal procedure in an official or diplomatic society.

Provincial Court is the first level in the BC court system, dealing with criminal, quasi- criminal (Provincial Statute Violations), family, youth, small claims, and traffic and municipal matters. This Court also conducts preliminary hearings.

A trial court in the B.C. court system, dealing with criminal, quasi- criminal (Provincial Statute Violations), family, youth, small claims, traffic and municipal matters. This Court also conducts preliminary hearings.

A publication ban is a Court order that prohibits the publication or broadcasting of trial information.

This includes Provincial Statutes violations.

Questions asked by counsel who called the witness, after cross-examination by the other counsel. Re-examination happens if the cross-examination has brought out new facts, or if something was unclear in cross-examination.

Land together with all the property on it that cannot be moved, together with any attached rights.

A reasonable doubt is a doubt about someone’s guilt that a reasonable person might have, and for which they could give a reason.

Recognizance refers to a promise, made by an accused who is pending trial, to appear in court and answer to the criminal charges that have been brought against him/her.

Latin for Queen. Used for charging a person with a criminal offence. The charge would read Regina v. Jones.

The office in the court where are pleadings and documents are filed when a court action is filed.

Practice information and procedures in relation to Statute law.

Remand can mean that an offender is to be held in custody until the next court date. It can also mean to postpone a criminal proceeding to another date, like an adjournment.

A report to Crown counsel is a document completed by a police officer that details the circumstances of an alleged crime. The report will contain the date and time of the incident, information about the victim and witnesses, the person accused of the crime, a written description of the circumstances surrounding the crime and witness statements, if any were obtained.

To act or speak for another in an official way. For example, your lawyer will act for you in a legal case.

Relating to the rental of private housing or living accommodations.

The respondent is the party, either Crown or defence, who is responding to the appeal initiated by the Appellant.

The party, either Crown or defence, who is responding to the appeal initiated by the Appellant.

The Court may order the offender, on application of the Crown, or on its own, to pay monetary compensation (restitution) where loss, damage or injury has resulted from the offence to the victim.

To keep something within fixed limits.

In bail hearings, it is usually the responsibility of the Crown to "show cause" why an accused should be detained while awaiting trial. In very limited circumstances, this responsibility (onus) shifts to the accused and it is set forth in Section 515(6) of the Criminal Code. When section 515(6) applies, the accused must "show cause" why s/he should not be detained.

The act or an instance of illegally taking something that belongs to somebody else, especially by using force, threats, or violence.

A long loose garment worn as a symbol of authority especially by judges or members of the clergy.

A court order authorizing entry to somebody’s property to look for unlawful possessions or for evidence of the commission of a crime.

A sentence is the judgment (punishment), pronounced by the Court upon the accused, after a finding of guilt.

A sentence hearing is the date is set to hear arguments by the Crown and defence to help the judge to sentence the offender.

getting a document to another person in whatever way the law requires

To come to a decision or agreement about something in order to solve a problem or a dispute.

The Sheriff’s responsibilities are to make sure the Courtroom is safe, and to look after witnesses, juries and prisoners.

A show cause hearing is when an accused person (or their lawyer) is required to convince the court that they should be released on bail pending a trial. Also see Judicial Interim Release and Bail Hearing.

A descriptive word describing the offence of hijacking an aircraft under section 77 of the Criminal Code of Canada. Hijacking an aircraft is an indictable offence and is liable to imprisonment for life.

The act or offence of saying something false or malicious that damages somebody’s reputation.

A court order compelling somebody to carry out an obligation, often something stipulated in a contract.

Somebody’s husband or wife.

The body of law that has been enacted by a legislature, or a specific law so enacted.

By law, most federal inmates are automatically released after serving two-thirds of their sentence. This is called statutory release.

A stay of proceedings might be called by Crown or the Court. This is when the charge is terminated at any time before there is a finding of guilt.

A stay of proceedings as directed by the Crown occurs when the Crown terminates the charge(s) prior to any judicial determination. This may occur at any time prior to a finding of guilt. Also see Judicial Stay of Proceedings.

The Crown terminates the charge(s) prior to any judicial determination. This may occur at any time prior to a finding of guilt.

A subpoena (pronounced sub-pena) is an official court document, which orders a witness to come to Court to give evidence. See Suboena.

To take a legal action against somebody to obtain something, usually compensation for a wrong.

A summary conviction is generally considered for less serious offences. Many summary offences have a maximum jail sentence of six months and a maximum fine of $2,000.00. Tthe trial for summary offences is held in Provincial Court before a provincial court judge. See Hybrid Offence and Indictable Offence.

Generally considered the less serious offences. Crown Counsel must approve charges within six months of the actual offence unless the accused consents. Maximum jail term is six months for most offences, but for a very limited number of offences may be to an eighteen months maximum. These cases are dealt with in Provincial Court.

A summons sets out the charge as well as the time and place at which the accused is to appear in court. It is issued by a Justice of the Peace after an Information has been sworn, as a way to notify the accused of the charge and require his or her attendance to court on the date set forth in the summons.

A judge of Supreme Court that sits for at least half-time.

To provide somebody with money and the other necessities of life over a period of time.

Conducts civil and criminal jury and non-jury trials. Criminal trials relate to all indictable offences. This court also hears summary conviction appeals.

The highest court in Canada. It hears appeals from the Appeal Courts of each of the provinces and territories, and the Federal Court of Appeal.

Surety is the person who vouches for the accused while he or she is on bail awaiting trial or appeal. The surety will provide assets to the Court which they risk losing if the accused does not abide by his or her bail conditions or fails to attend Court.

A suspended sentence can be given by the Court with directions that an offender be released under the conditions of a probation order. It may not be utilized for offences where a minimum term of imprisonment has been prescribed by Parliament.

To “swear an oath” refers to when a witness places his or her hand on top of a Bible or other Holy Book or sacred object and promises to tell the truth.

An escorted or unescorted temporary absence may be granted to incarcerated offenders in order for them to receive medical treatment; have contact with their family; undergo personal development and/or counselling; and participate in a community service work project. It may also be granted for compassionate reasons (e.g. a funeral).

To declare or say something that can be taken as evidence under oath in a court of law.

Testimony is the evidence given by a witness who is under oath or affirmation.

Testimony is the evidence given by a witness who is under oath or affirmation.

A name or symbol used to show that a product is made by a specific company and legally registered so that no other manufacturer can use it.

It is the written record of the trial.

A violation of the allegiance owed by somebody to his or her own country, for example, by helping an enemy.

A formal examination of the facts and law in a civil or criminal action before a court of law in order to determine an issue.

a formal meeting of the parties with a judge to prepare for trial

A court in which a case is first decided, as opposed to a court of appeals.

a form which includes a statement of facts in the order in which the events occurred, a calculation of the amount claimed, copies of the relevant documents, and a list of witnesses with a brief summary of which each witness will say

In a criminal case, the trier of fact refers to the jury who listens to the evidence and decides on the guilt of the accused based on the facts of the case against him or her.

Something agreed on by everyone, for example, a criminal jury must have all jurors agree on the verdict.

Something that is not decided.

A verdict is the judge or jury's decision (or finding) of a case. In criminal cases, the verdict must be unanimous.

The victim is an individual who suffers physical or mental injury, or economic loss as a result of a crime. Primary victims are those who were the direct victim of a crime. Secondary victims may have been victimized by some association with the crime, but not as a direct target.

A Victim Impact Statement is a written account of the personal harm suffered by a victim of crime. In some cases, the statement may be read by the victim in person or on video. The statement may include a description of the physical, financial and emotional effects of the crime. Where victim impact information has been presented, it must be taken into consideration by the judge or parole board.

A victim surcharge is a monetary penalty imposed on offenders, in addition to any other punishment imposed, at the time of sentencing. It is collected by the provincial and territorial governments, and the revenue is used to provide programs, services and assistance to victims of crime within their jurisdictions. It is not paid directly to the victim of the specific crime.

A voir dire is a trial within a trial. It is a hearing held, without the presence of the jury, to determine whether an issue of fact or law would be admissible. For example, a voir dire may be used in order to decide whether certain aspects of an expert witness’ testimony will be allowed.

After an information has been sworn, a Justice of the Peace can issue a warrant for the arrest of the accused. The Justice of the Peace must have reasonable grounds to believe that the arrest is in the public interest. An endorsed warrant has been signed by a Justice of the Peace and a person arrested on such a warrant can be released from custody by the police. An unendorsed warrant has not been signed by a Justice of the Peace, indicating to the police that the person arrested is to be held for court.

The process of looking at all the evidence to decide which parts carry the most weight or are more believable.

A statement of what somebody wants to happen to his or her property after he or she dies, or a legal document containing this statement.

Witnesses are persons who testify in court because they have some information about the case. A witness may volunteer to testify or may receive a subpoena (a legal document which orders him/her to come to court at a certain time to testify). Usually a witness is only permitted to be in the courtroom to hear the testimony of other witnesses once his or her own testimony has been completed. This is to ensure that one witness is not influenced (affected) by what another witness says in court.

The person who works for Crown counsel whose job it is to ensure witnesses know the trial date. He or she can give the witness general information about Court procedure.

Work release is a correctional program that enables inmates to leave the correctional facility to work during the day and return to the facility at night.

A written court order demanding that the addressee do or stop doing whatever is specified in the order.

In Canada, those aged twelve to seventeen are considered youths under criminal law, and fall within the scope of the Young Offenders Act (YOA).

In Canada, those aged twelve to seventeen are considered youth under criminal law, and fall within the scope of the Youth Criminal Justice Act.