Glossary

In Criminal Law

A “secondary designated offence” is a serious offence, such as assault, uttering threats, and serious drug related offences. If you’re convicted of a secondary designated offence, the court may ask for a DNA sample from you. If a sample is taken, a record of your DNA sample will be kept the National DNA Data Bank.

In Criminal Law

An accused person charged with an indictable offence usually has the choice of a trial in the Ontario Court of Justice or in the Superior Court of Justice. The offences listed in section 469 can only have trials in the Superior Court of Justice. The offences listed in section 469 include:

• treason
• alarming Her Majesty
• intimidating Parliament or a legislature
• piracy, and
• murder

In Criminal Law

If you’re arrested and held for a bail hearing while already on a recognizance of bail, the Crown can apply to have the recognizance of bail cancelled. They do this by making an application under section 524 of the Criminal Code. If the Crown does this, your bail hearing will address both your new charges, and the charges for which you previously had bail.

In Criminal Law

A recognizance under section 810 of the Criminal Code is also known as an 810 peace bond. If you sign a section 810 peace bond, you will be required to follow certain conditions for up to 1 year.

If you do not follow the conditions of your peace bond, you can be charged with the criminal offence breach of recognizance.

In Criminal Law

Security of the person is a right protected by the Charter of Rights and Freedoms. It means that you have the right to the health and privacy of your body, including the physical integrity of your body. But, rights that are protected by the Charter of Rights and Freedoms are not absolute and in some situations your rights may not be protected.

In Criminal Law

You are being self-incriminating if you do or say something that could:

• lead to you being charged with a criminal offence
• be used against you in court

In Abuse and Family Violence, Criminal Law, Family Law, Immigration Law, Refugee Law

A sentence is a punishment given to someone found guilty of an offence. A sentence for an adult can include jail time, but it does not have to. A sentence can also include a fine or a period of probation. Sentences for youth are different.

In Criminal Law, Indigenous rights

Sentencing circles are an alternative to a sentencing hearing. It is a community-based process where community members try to agree on an appropriate sentence that everyone is satisfied with.

The sentencing circle includes the accused, an elder, judge, Crown, and lawyer. The circle might also include an Indigenous court worker, police or court officers, and members of the accused’s family, and the victim and their family.

Sentencing circles vary in structure and process but are generally based on restorative justice principles. This means that instead of punishing the accused, sentencing circles try to help the accused heal their relationship with the victim and with the community.

Sentencing circles are usually not available for people facing sentences that are longer than 2 years.

In Criminal Law

This is a criminal offence. A sexual assault is an assault of a sexual nature and includes all incidents of unwanted sexual activity, including touching, kissing, and sexual intercourse. The victim of a sexual assault can be male or female. The spouse of a victim can be charged with sexual assault. Factors considered in establishing a sexual assault are:

• the part of the body touched
• the nature of the contact
• the situation in which the contact occurred
• all the circumstances surrounding the act
• any threats or force used

In Criminal Law

This is a different name for a bail hearing. At a show cause hearing, a judge or justice of the peace decides if you can be let out of custody or must remain in custody until your trial. You will have a bail hearing if the police officer who arrested you decides to not let you leave the police station.

It is called a “show cause hearing” because, depending on the circumstances:

• the prosecutor must explain why you should be held in custody until your trial, or
• you must explain why your plan satisfies the court’s concerns about releasing you.