Glossary
An election is a choice that is given to the Crown, or an accused person when there is an allegation of a serious crime.
A Crown election happens when you are charged with a hybrid offence. The Crown will elect to prosecute your case summarily, or by indictment.
If you are charged with an indictable offence, or a hybrid offence that the Crown is prosecuting by indictment, you have an election to make. You can choose to have your trial in the:
- Ontario Court of Justice before a judge,
- Superior Court of Justice before a judge, or
- Superior Court of Justice before a judge and jury.
Making this choice is referred to as making an election. If you elect to have your trial in the Superior Court of Justice you can also choose to have a preliminary hearing in the Ontario Court of Justice.
In Criminal Law
If someone claims you did not comply with a court order, the court can schedule an estreatment hearing. For example, this can happen if someone claims you did not follow a recognizance of bail. At the estreatment hearing, you or your surety will be ordered to pay the amount promised to the court when the recognizance of bail was signed.
You and your surety will be given at least 10 days’ notice of when and where the hearing will be held.
In Criminal Law
Evidence is used to prove that something is true or false. In court, evidence comes in different forms, such as documents, photographs, or information from witnesses. A judge, justice of the peace, or jury uses evidence to make a decision.
Evidence is also what the police gather when they investigate a crime. This includes statements people make and property the police find when they’re doing a search.
In Criminal Law, Types of Offences, Bail, Probation, and Court Attendance, Assault, Driving, Drugs, Firearms, Gender-based violence, Harassment, Mischief, Theft, Threats, Victims and witnesses
Extortion is using threats or physical force to get a person to do something, or to get something from them, such as money or property. It is still a crime for someone to try to extort another person, even if the extortion doesn’t work.
In Criminal Law
A way of diverting youth criminal behaviour. EJS can be imposed before or after a young person is charged with a criminal offence. Examples of EJS include:
- volunteer work
- compensating the complainant
- attending specialized programs
If you finish the program, your court case is over and you will not have a youth court record, but there will be a police record of your participation in EJS for 2 years.
In Criminal Law, Youth criminal justice
Extrajudicial Measures (EJMs) are a type of youth diversion.
Diversion is when criminal charges are taken out of the court and dealt with in a more informal way. That means dealing with your charges without having a trial or pleading guilty. If you accept EJM, your court case is put on hold while you:
- attend a program
- take a course, or
- complete other tasks away from the court
Once you finish your program, course, or other tasks, your court case will be closed.
If you accept EJM, you will have a youth record for 2 months. EJM records are much shorter than EJS records. A record for EJS lasts for 2 years.
The police can offer EJM before they charge you with a crime. The Crown can offer EJM after the police charge you.
In Criminal Law, Youth criminal justice
Extrajudicial Sanctions (EJSs) are a type of youth diversion.
Diversion is when criminal charges are taken out of the court and dealt with in a more informal way. That means dealing with your charges without having a trial or pleading guilty. If you accept EJS, your court case is put on hold while you:
- attend a program
- take a course, or
- complete other tasks away from the court
Once you finish your program, course, or other tasks, your court case will be closed.
EJS is the most serious type of youth diversion. If you accept EJS you will have a youth record for 2 years.