Legal language can be confusing to the general public.
The following legal glossary is a list of words you may encounter after you’ve been charged with a crime in Ontario. The words are listed in alphabetical order and definitions are in plain language. You can find a more detailed list on the Ontario Ministry of the Attorney General’s website, HERE
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A
ACCUSED
The accused is the person who is charged with a crime. During a criminal trial, the accused is referred to as the defendant.
ACQUITTAL
When the person charged with a crime (the accused) is found NOT GUILTY of the crime they were charged with.
ADJOURNMENT
When a hearing has been moved to a later date.
AFFIDAVIT
An affidavit can be written. It is a statement of facts that is sworn to be true. Written affidavits are signed by a commissioner for taking affidavits. All lawyers in Ontario can sign affidavits. You can find an example of a written affidavit, HERE.
AFFIRMATION
A statement made by a person to promise to tell the truth.
ALLEGATION
Something that someone says has happened (unproven).
APPEAL
If you believe an error was made during the conduct of your trial, including with the outcome It is your right to have the decision reviewed by the court one-level above the trial. An appeal is when you ask a higher court to review the decision of a lower court. You can appeal a conviction, a prison sentence or a probation order. In certain cases, you can appeal your appeal if you think there was an error but it is not by right. You will need permission of an even higher court for that.
APPEAL PERIOD
The time limit within which one can appeal a decision. Generally, a Notice of Appeal should be filed within 30 days of the conviction or sentence. If you have passed the appeal period, you may still apply to have your appeal heard. The appeal court will consider whether you passed the legal test to extend the filing period. A lawyer can give you advice on how to pass that test.
APPEARANCE NOTICE
An appearance notice gives you the details you need for your first court appearance (the arraignment). It will tell you what you have been charged with and the date, time and location of court.
For more serious charges, you may be held in custody until you have a bail hearing.
ARRAIGNMENT
An arraignment is the first court appearance an accused person makes. Its purpose is to confirm the identity of the person who is charged with the crime, to read the charges that have been laid and to ask how the accused person pleads. If you already know what you have been charged with, you or your lawyer can waive reading of the charges at the arraignment hearing.
ARREST
The police can arrest you and take you into custody under certain conditions such as:
- They have reasonable grounds to think you have commited a crime
- There is a warrant out for your arrest
- They witness you commiting a crime
FITNESS ASSESSMENT
A Fitness Assessment can be ordered by a judge if the accused person is thought to be unfit to stand trial. This assessment is done by a psychiatrist or psychologist.
Being assessed as unfit means the accused:
- Does not understand they are in a courtroom and what is happening in the courtroom OR
- Does not understand what they are charged with OR
- Does not understand the consequences of their plea (such as pleading guilty) OR
- The accused is not able to communicate with their lawyer, even in a basic way
B
BAIL
The temporary release of the accused from custody while the accused waits for their trial. In most cases, it will take at least a year to schedule a trial. In some instances, the court will require you or your surety to promise an amount of money to the court as an incentive that an accused person who has been released out of custody will return for their next court date and not commit further crimes while on release. In most instances, but not all, you just have to promise the money to the court, you or your surety do not have to deposit the money with the court (no-cash bail).
BARRISTER
A common term for lawyer. In every province except Quebec, all lawyers are barristers and solicitors. A barrister is a lawyer who appears in court, all lawyers in criminal court are acting as barristers.
BENCH
Refers to the judge (or judges if there are more than one) involved in a court case. Also refers to the seat where the judge(s) sit in court.
BENCH WARRANT
*Link to Section on Bench Warrants
When an accused person does not show up for a court appearance, the judge may order a bench warrant, meaning the police are authorized to arrest you and you may be held in custody until a bail hearing. Find out about different types of bench warrants, HERE.
BOND
A written promise the accused makes to the court. There are different types of bonds:
PEACE BOND
A written and signed court order where the accused promises to ‘keep the peace’ and act in good behaviour.
A judge or a justice of the peace will issue a Peace Bond to protect someone who has a ‘reasonable fear’ that you will hurt them, their family, property or that you will distribute or share intimate images / video of them without their consent.
In criminal court, the crown attorney may offer the accused a peace bond instead of following through with the criminal charges. It is the choice of the accused person whether or not to accept this offer.
Good behaviour means you are making a promise to not break the law. Other conditions of a Peace Bond may include that you are not able to contact the person or visit certain areas.
There are 2 kinds of Peace Bonds:
- Section 810 Peace Bond – can not last longer than 1 year
- A Common Law Peace Bond – can last more than 1 year
SURETY BOND
A surety is a written promise a person makes on the accused’s behalf to guarantee that the accused will act in good behaviour and not break any conditions set by the court.
It involves an amount of money (it can be a significant amount, based on the person’s personal finances) that the surety could be required to pay, after a hearing, if the person breaks these conditions and the surety did not fulfill their duty to alert police.
BREACH
When a law or obligation (such as a bail condition) has been broken; this can include activity that is not normally criminal such as not complying with a curfew or contacting someone you are not supposed to.
BRIEF / LEGAL BRIEF
A written summary of the argument in a case.
BURDEN OF PROOF
The obligation to provide evidence which includes the sworn testimony of witnesses to satisfy the court. The burden of proof can shift between parties depending on what the court is looking for proof of. In criminal cases, the standard the prosecutor has to convince the judge or jury of the accused’s guilt is Beyond A Reasonable Doubt.
C
CASE
Criminal charges or other matters which are brought to court for a decision to be made.
CASE EVENT LIST
A list of cases that will be heard in court on any particular day. It can also be called a ‘docket’.
CHARGE
The first step in the criminal prosecution process, when the police form grounds to believe that a person committed an offence.
CLERK OF THE COURT
The clerk is responsible for administrative duties in the court, such as signing court orders or issuing certain documents.
COMPETENCE
The ability of a person to make decisions about their health and / or property. In criminal court, this means if the person is able to give evidence (understands the difference between truth and fiction, reality and make believe), instructions to their lawyer and understands what is happening in court (can participate in the trial).
COMPLAINANT
A person who brings a case against another person in a court of law (the alleged victim).
CONFERENCE
Meetings which take place between those involved in a legal case (such as the Crown Attorney and the Defence Lawyer, usually does not involve the accused unless they are self-represented).
CONFESSION
When an accused admits they did what they are accused of (always get advice from a Criminal Defence lawyer before confessing).
CONSENT
When a competent person voluntarily agrees or gives permission. Can be spoken or written. With proper instructions, a lawyer can consent on your behalf.
CROSS – EXAMINE
Questioning of a witness by the lawyer. Judge makes a judgement about whether a witness is telling the truth by how well their story stands up to cross-examination.
CUSTODY
When a person is held in jail or prison pending a trial or after being found guilty of an offence and sentenced to jail.
D
DANGEROUS OFFENDER
A person who is convicted of a serious crime (usually but not always a series of crimes or repeat offences) which has caused personal injury or death and is considered at high risk to commit a crime again. Dangerous offenders are held in federal prison for an indefinite period of time. Incredibly serious, possible someone labelled a dangerous offender never gets out of prison. If you are at risk of a dangerous offender assessment (section 752.1(1) of the Criminal Code) you must speak with a lawyer.
DEFENCE
The accused or the defendant’s arguments why they should not be considered guilty (your answer to the allegations made against you).
DEFENCE COUNSEL
In criminal court, the lawyer who represents the accused / defendant. They are the only person in a court legally obligated to be on your side. Everyone, even if they are helpful, are not required to work in only your interest. You should choose a lawyer you trust and who understands your medical issues.
DEFENDANT
The person who is accused in criminal court.
DEPONENT
The person who makes a statement while they are under oath (promise to tell the truth).
DEPOSITION
A statement a person makes while they are under oath (promise to tell the truth).
DISCHARGE
A type of sentence given by a judge when a defendant has been found guilty. A discharge means the defendant does not have to go to jail and will not have a criminal conviction for this offense.
There are two types of discharge:
ABSOLUTE DISCHARGE
- No probation
- Record of discharge is kept on file for one year
CONDITIONAL DISCHARGE
- Probation for up to three years
- Record of discharge kept on file for three years
DISCLOSURE
Information the police and the Crown have about the defendant‘s case. They must give you and/or your defence lawyer everything they have before the trial can start.
DISMISSAL
A judge’s decision to terminate a criminal charge.
DISPOSITION
A judge’s decision.
DIVERSION
A voluntary alternative to avoid being convicted of a minor criminal charge. It is also called “direct accountability.” There is no finding of guilt with a diversion, but the defendant may be required to accept responsibility and do some work, such as community service, counselling or a charitable donation. The fact that you accepted responsibility can potentially be used against you in future matters. Contact a lawyer for advice before accepting diversion.
There are some diversion programs which are more formal such as:
DOCKET
The cases that will be heard in court on any particular day. Also known as the Case Event List.
E
ELECTION
A legal decision.
ELECTION BY THE ACCUSED
When the accused, under certain conditions, is able to make legal choices, such as whether to have a case heard in the Ontario Court of Justice or the Superior Court of Justice. This usually happens when the accused is charged with a crime that may result in a longer jail sentence (the decision is the accused and cannot be made by the defence lawyer without explicit instructions by the accused).
ELECTION BY THE CROWN –
For many crimes the prosecutor can choose whether they are going to go the more serious route (indictable) or less serious route (summary) when they go through the court process. When the Crown has the option to decide, their decision comes with certain consequences like changes to the maximum and minimum sentences available, what level of court the matter will be heard in, which court the accused will have a right to appeal to and whether the accused will be able to choose to have their matter decided by a jury.
EVIDENCE
What is used to prove or disprove the alleged facts in a court case. Evidence takes many different forms. Someone saying what they saw under oath is evidence. Physical items are also evidence. There are different types of evidence which allowed in Ontario courts including:
ADMISSIBLE EVIDENCE
Evidence that is considered relevant and allowed in court.
CHARACTER EVIDENCE
Evidence that speaks to the type of person the accused is, such as their typical personality traits and behaviours.
CORROBORATING EVIDENCE
Evidence that confirms other evidence.
CIRCUMSTANTIAL EVIDENCE
Evidence that hints at a fact but requires an assumption, educated guess or fill in the blanks to interpret
DIRECT EVIDENCE
Evidence, if believed, proves a fact on its own, a judge or jury does not need to make an assumption, guess or fill in the blanks to interpret
EXPERT EVIDENCE
A qualified professional providing an educated guess based on their training to assist the court to interpret evidence that is not common knowledge. Expert cannot give direct evidence as they were not present when the alleged incident happened (‘expertise’ of ‘experts’ can be challenged)
FORENSIC EVIDENCE
Type of expert evidence, scientific interpretation of direct or circumstantial evidence found at the scene of the crime (science is not settled on many areas of forensic science, can be challenged in court)
F
FRIEND
A term used by lawyers and Crown Attorneys to show respect. This does not mean that they are friends.
If self-represented, the Court may appoint you ‘Amicus’ or friend of the court
G
GUILTY
A person can be found guilty by decision of the court when they are convicted of the crime they are charged with. An accused person may plead guilty when they agree they committed the crime they are charged with (best practice is to consult with a lawyer before pleading guilty, it is very difficult, sometimes impossible, to take back a guilty plea).
H
HEARING
A court proceeding.
524 HEARING
If the accused is charged with breaching their bail, the Crown can apply under section 524 of the Criminal Code to have the accused’s bail cancelled and sent back to jail (not automatic). There is a new diversion procedure for breaches, which can allow for a non-criminal process to deal with breaches, not all courts are using it yet (ask your lawyer to advocate for its use, section 523(3)).
ESTREATMENT HEARING
If the accused breached their bail, the Crown may go after the bail money pledged by the surety in an estreatment hearing.
FITNESS HEARING
A procedure in criminal court to see if an accused is mentally fit to go through a trial.
I
IDENTIFICATION OF CRIMINALS ACT
The federal law which gives police the right to fingerprint and collect other personal information of people accused of crimes.
INTERVIEW
A meeting with the police or Crown (always consult a lawyer before agreeing to an interview or saying anything).
J
JUDGE
The person in court who decides on legal matters.
JUDGMENT
The decision made by a judge regarding the outcome of a court proceeding.
JURY
Members of the public who will decide on a verdict after hearing evidence in a trial.
JUROR
A person who is on the jury.
JUSTICE
A judge.
JUSTICE OF THE PEACE
An officer of the court, similar to a judge but less powerful, who has the authority to act in some criminal matters such as issuing warrants and hearing bail applications.
K
KEEP THE PEACE
A condition of bail, probation or a peace bond, where the accused agrees to not commit any violent acts or other illegal activities (seems redundant but allows them to charge you with both the crime and the breach as a result of the crime).
L
LAW SOCIETY OF ONTARIO
The organization that oversees lawyers and paralegals in Ontario.
LAWYER
A person licensed through the Law Society to practice law.
LEAVE
Permission of the court.
LEGAL AID
Government funded legal services people may be eligible for, based on their income. Important to disclose your brain injury to Legal Aid to get fair assessment of your eligibility.
M
MENTALLY INCAPABLE
A person who is not considered capable of understanding the consequences of their actions or decisions. If found mentally incapable you may be required to live in a secure mental hospital for an indefinite time, possibly forever.
O
OATH
When a person swears to a God or other deity to tell the truth.
OBJECTION
A reason that a lawyer interrupts a witness to talk to the judge. A claim that the other side is not following the rules. The judge will make a determination whether that is true or not. If the judge finds that they are not following a rule, they have to stop that particular thing.
OFFENCE
Breaking the law. There are different types of offences, such as:
HYBRID OFFENCE
Some offences may be treated as more serious (indictable) or less serious (summary conviction). This decision is made by the Crown, and is based on how serious the offence is.
INDICTABLE OFFENCE
More serious criminal offences, which involve complex court proceedings.
QUASI-CRIMINAL OFFENCE
A non-criminal offence which has similar punishment to a criminal offence, but involves less complicated court proceedings. These matters are not found in the Criminal Code. They are called Provincial Offences, they are found in various provincial laws like Highway Traffic Act.
SUMMARY CONVICTION OFFENCE
These criminal offences carry lower maximum penalties and are subject to less complex court procedures. These matters are heard in the Ontario Court of Justice.
ORDER
An enforceable command the court can tell the defendant to do (such as pay a fine) or not do (such as be in contact with someone.)
ASSESSMENT ORDER
A judge can order a person’s mental capacity to be assessed to find out whether they are able to go through the court process. This includes a test to determine whether they understand what is happening and if they understand the consequences of their actions.
Court may also order a psychological assessment after a conviction to determine if the accused qualifies as a long-term offender or dangerous offender (rare if first conviction)
FORFEITURE ORDER
An order where you are required to give up ownership of your property.
P
PROHIBITION ORDER
An order which prevents a person from doing certain things, such as owning weapons or driving.
TREATMENT ORDER
A court order to undergo mental health treatment.
PLEA
The answer the accused gives (guilty or not guilty) to the charge that is read out loud (reading can be waived) prior to the start of the trial (plea can be entered before the trial is scheduled).
PRELIMINARY INQUIRY
A hearing where the judge decides whether there is enough evidence to have a trial (not avaliable for most criminal charges, only if the charge is so serious it carries a 14 year maximum sentence, even in those cases sometimes the accused can choose not to have a preliminary hearing).
R
RECOGNIZANCE
The conditions under which a person is released after a bail hearing. These conditions may include requiring the defendant to be home at certain hours or not to contact other people involved in the case. The defendant or their surety (see Surety Bond) may have to pledge a certain amount of money to offer as security before they are released.
S
SECURITY
Amount of money the court may be ordered to be paid (many times the money won’t have to be deposited with the court).
SEIZURE
When a court orders the removal of a person’s property without their consent.
SENTENCE
The punishment imposed after a person has been found guilty.
CONCURRENT SENTENCE
When two or more jail sentences are served at the same time (simultaneously). For example, three two-year sentences would result in a 2-year prison sentence.
CONDITIONAL SENTENCE
Under specific conditions, a judge can order a sentence to be served in the community (at home) rather than in prison. This is for shorter sentences which are less than two years.
CONSECUTIVE SENTENCE
When two or more prison sentences are served one after the other. For example, three two-year prison sentences would result in a six year prison sentence.
FINE
Amount of money to pay as a penalty.
INTERMITTENT SENTENCE
A sentence where a person goes back and forth between prison and periods of probation in the community. This is usually done to prevent loss of employment or for child care reasons. These are usually given for short sentences of 90 days or less.
STATEMENT
A description that a witness gives to the police and that they police write down or record.
SUBPOENA
A piece of paper that requires a witness when and where to come to court.
PROBATION
An order (sentence) given by a judge where a person is required to comply with certain conditions to be in the community (considered rehabilitation not punishment by the court)..
REASONABLE GROUNDS
Before the police can charge someone with a criminal offence, they must have reasonable grounds to believe the person has committed the offence, based on reliable information.
RESTITUTION
When a convicted person is ordered by the court to pay money to compensate for the loss or damages their actions have caused.
SUSPENDED SENTENCE
When a Judge holds off imposing a sentence on a convicted person and allows them to prove no further punishment is required by complying with certain conditions as laid out in a probation order.
SUMMONS (TO WITNESS)
A court document which requires a person to appear in court, or produce specific documents.
SURCHARGE
An extra fine, in addition to the original sentence.
VICTIM SURCHARGE
If an accused is convicted or discharged of an offence, they may have to pay a victim surcharge, in addition to other punishments ordered by the court.
T
TARIFF
Fees paid by Legal Aid for specific legal services.
TESTIFY
Give evidence by answering questions in court posed by the lawyers or the Judge.
TESTIMONY
What a witness says in court.
TRANSCRIPT
The record of what is said in court, taken by a court reporter.
TRIAL
A hearing that takes place when the accused pleads “not guilty” and witnesses are required to come to court to give evidence.
TRIER OF FACT
The person(s) who decide on the outcome of a trial based on evidence and testimony. In a jury trial, the jury are the triers of fact. In a judge-alone trial, the judge is the trier of fact.
V
VICTIM IMPACT STATEMENT
A written statement by the victim(s) of the crime(s) involved in a court proceeding which describes the personal impact of the crimes.
VICTIM/WITNESS ASSISTANCE PROGRAM (VWAP)
Ontario program which offers support to victims and witnesses of crimes.
VOIR DIRE
A procedure which takes place during a trial (a ‘trial within a trial’) to determine a certain that must be determined before the trial can continue..
SOURCES:
Ontario Ministry of the Attorney General; Ontario Courts; Steps to Justice