Glossary
In Criminal Law
When someone like a witness or accused person, is required to come to court for a scheduled proceeding, and the judge wants them to come back on another day. That person is “bound over” to the next court date. The court document that compelled the person’s attendance on the first court date remains valid to compel attendance at the next court date. Any conditions of the document that compelled the person’s attendance remain valid and in effect until the next court date.
In Criminal Law
This is a criminal offence also known as breach of peace bond. If you do not follow the conditions of your section 810 recognizance you can be charged with this offence. If you are found guilty, you can be sentenced to up to 4 years in jail.
In Criminal Law
A charge is a formal accusation of an offence. When the police “charge” you with an offence, they are accusing you of committing a crime. If you’re charged, the court will have an information for your case. This is the formal charging document which lists the offences the police say you’ve committed.
In Criminal Law
This form may be part of your disclosure. It is also known as a crown screening form. The form tells you how the Crown plans to deal with your charges, including:
- what kind of sentence the Crown will ask for
- whether some of your charges will be dropped if you plead guilty early
- whether you’ve been approved for diversion
This information will help you decide how you want to deal with your charges.
In Criminal Law
This is a type of pre-trial motion made to ask for a remedy for a violation of your Charter rights. This includes your right:
- to a lawyer
- to be presumed innocent until you’re proven guilty in a fair and public hearing by an impartial court
- to be given a trial within a reasonable amount of time
- to be free from unreasonable searches
If you can show the Court that your rights were violated, evidence obtained through the violations might not be allowed as evidence at your trial. The Court can also stop a prosecution and stay charges where there were serious Charter breaches.
In Criminal Law
A civil court deals with non-criminal matters, such as when a person sues someone else.
In Criminal Law
Civil enforcement is the enforcement of court orders, such as court ordered fines or restitution orders, by enforcement officers.
If you do not pay your fines, an enforcement officer can:
- identify property that can be taken and sold to pay the fines
- carry out written court orders to take and sell the property
In Criminal Law
Civil forfeiture is a process in civil court where a judge decides on a balance of probabilities whether or not the police have to return items that they took from you. The judge will decide that the police can keep the items, if it’s “more likely than not” that the item was:
- bought with money made from a crime, or
- used to commit a crime.
In Criminal Law
When you apply for a job or volunteer position, you might be asked for a criminal record check. Instead of a criminal record check, you may be able to get a clearance letter from your local police.
A clearance letter confirms that as of the date of the letter, you do not have any:
- criminal convictions
- outstanding warrants
- criminal cases that are being dealt with in court
In Criminal Law
The co-accused are other people who are charged on an information with you. They may or may not be charged with the same offences as you. But their charges are related to yours. Their charges and yours likely involve the same incident.