Glossary

In Criminal Law

This is a criminal offence. An assault happens when you apply, or try to apply force to another person without their consent. This includes touching but not casual contact between people.

Assault that causes physical harm can result in more serious charges like “assault cause bodily harm,” “aggravated assault,” or even “attempt murder.” Assaults for a sexual purpose are “sexual assaults.”

In Criminal Law

This is a criminal offence. If you assault a police officer while trying to stop a  lawful arrest you, you can be charged with the criminal offence of “assault with intent to resist arrest”. You can be charged with this criminal offence if:

• You assault the police officer.
• You try to assault the police officer.
• The police officer believes you’re trying to assault them.

In Criminal Law

This is a criminal offence. If you assault a peace officer while they are doing their job, you can be charged with the criminal offence of “assaulting a peace officer”.  Police officers are peace officers, but the term peace officer can also apply to people in other jobs. For example, prison guards and bailiffs in a courtroom are also peace officers    You can be charged with this criminal offence if:

• You assault the peace officer.
• You try to assault the peace officer.
• The peace officer believes you’re trying to assault them.

In Criminal Law

If you are released from custody after a bail hearing it means that you have been given bail. Bail is also known as judicial interim release. This means that the Court is satisfied that if they release you, you will not commit crime, you will show up to your court dates and you will follow all the rules the court gives you while your case is ongoing.

If you are not released after a bail hearing you will be held in custody until your case is over or until you are released from custody on a bail review.

In Criminal Law, Mental health court and drug treatment court

This is a court proceeding to decide whether a person charged with a criminal offence can be released from custody while their case is going on, and if so, on what conditions. In most cases a justice of the peace will conduct the bail hearing with a Crown and a defence lawyer (including duty counsel).

In Criminal Law

The bail program helps people in bail court who do not have anyone they can ask to be their surety. Through the bail program, the accused person is supervised. They must report to a caseworker at regular intervals and follow other conditions if they’re told to. This helps address the court’s concerns about releasing the accused person. The bail program is a stricter type of release than being released on your own recognizance.

In Criminal Law

This is a court proceeding in Superior Court where the result of a bail hearing can be appealed. You can apply for a bail review if you are denied bail at your bail hearing. To succeed, you must show either a change in circumstances or an error of law by the justice of the peace who conducted your original bail hearing.

A change in circumstances is a big change in your life that makes your bail plan more suitable. For example, you may have an additional surety who is able to help supervise you.

In Criminal Law

Balance of probabilities describes the way a judge makes decisions about some legal issues. Proving something on a balance of probabilities means that it is more likely than not to have happened.

It’s easier to show proof on a balance of probabilities than to show proof beyond a reasonable doubt, which is what has to happen for you to be convicted of a criminal offence.

In Criminal Law

This is a type of arrest warrant that can be issued by a judge when you miss a scheduled court date, hearing, or trial. A bench warrant gives the police power to arrest the named person and hold them in custody until they can be brought to court.

In Criminal Law

Before you can be found guilty of a criminal offence, the Crown must prove your guilt beyond a reasonable doubt. “Beyond a reasonable doubt” describes how sure a judge or jury must be to find you guilty of a criminal offence. Proving something “beyond a reasonable doubt” is much closer to absolute certainty than being able to show a balance of probabilities.