Glossary
In Criminal Law
An affidavit is a document where a witness makes statements about facts that they say are true. The document must be sworn in front of an authorized person, such as a lawyer or commissioner of oaths.
In Criminal Law
An agent is someone you ask to act on your behalf. It can be a lawyer, a paralegal, a family member, or a friend. You can ask an agent to go to court for you if the offence you were charged with carries a maximum penalty of 6 months in jail and/or a $5,000 fine and is:
- a summary offence, or
- a hybrid offence that the Crown has decided to handle as a summary offence.
The person acting as your agent appears in the court as if they are you.
If your case is indictable (or hybrid and the crown has not elected), you need a “designation of counsel” in order to have your lawyer or their agent appear on your behalf.
In Criminal Law
Aggravating factors are circumstances or facts that a judge can consider they are deciding your sentence. Aggravating factors can result in a tougher sentence. For example, assaulting a domestic partner or child can be an aggravating factor. The Crown must prove aggravating factors beyond a reasonable doubt.
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
An alleged crime is a criminal offence that has not yet been proven in court.
In Criminal Law
Alternative measures are different ways to resolve minor criminal charges. Both you and the Crown must agree to alternative measures. This can include:
- community service
- restitution or compensation in cash or services
- mediation
- special programs for counselling
- treatment or education courses, for example, life skills, drug or alcohol treatment, and anger management
If you complete alternative measures, you will not have a trial and you will not be convicted of the crime you were charged with.
In Abuse and Family Violence, Criminal Law
This is a formal document used to begin a proceeding in court. An information can be used to accuse a person of a criminal offence or to ask for a hearing for a peace bond.
In a criminal proceeding, the information is usually sworn by a police officer who has reasonable and probable grounds to believe the person committed a criminal offence.
In a non-criminal proceeding, a private citizen usually swears an information to ask for a peace bond against someone they have a reasonable fear of. Private citizens can also swear informations for criminal offences.
In Criminal Law
This is a document telling you what you have been charged with and the details of your first appearance in court. These are usually given in less serious matters.
In more serious cases, the police might require an undertaking with conditions you must follow or they might hold you in custody until you have a bail hearing.
In Criminal Law
An arrest happens when the police take you into custody so they can charge you with a criminal offence. Being in custody means that you’re not free to go.
In Criminal Law
An arrest warrant is an order from a court that gives the police the power to arrest someone.
In Criminal Law, Police stops and searches
You are arrested when the police take you into custody so they can charge you with a criminal offence. Being in custody means that you’re not free to go.