Glossary
In Criminal Law
Mens rea is one of the two elements of a crime the Crown must prove beyond a reasonable doubt to prove your guilt. If refers to your guilty state of mind.
For most crimes, the state of mind required is either you intended to do the act or you were reckless about the effect of your act. It does not matter if you did not know the act was illegal. Not knowing the law is not an excuse or defence.
In Health and Disability, Mental health
A person has a mental disorder if they have an illness or disability that affects how their mind works. For example, it may affect their thinking, moods, or behaviour.
In Criminal Law
People experiencing mental health issues who have been charged with low-risk criminal offences may be eligible for mental health diversion. If they are approved, mental health court workers assist the accused to develop a diversion plan to:
- connect with appropriate services
- schedule psychiatric assessments
- secure basic needs
- find short and long-term community support
To be mentally capable to make decisions about health care and medical treatment, a person must understand the information that’s needed to make the decision. This includes:
- how the treatment may help them,
- the risks and side effects of the treatment, and
- what’s likely to happen if they do not get it.
In Abuse and Family Violence, Abuse of people with disabilities, Elder abuse, Health and Disability, Wills and Powers of Attorney, Wills, Power of Attorney for Personal Care, Power of Attorney for Property
Being mentally capable means being able to make decisions for yourself about things like your:
- personal care, such as bathing and getting dressed
- health care and medical treatment
- property
A person needs to be mentally capable to make:
The rules about being mentally capable are different depending on the kind of decision or the kind of legal document they want to make.
In Abuse and Family Violence, Abuse of people with disabilities, Elder abuse, Health and Disability, Elder abuse, Wills and Powers of Attorney, Wills, Power of Attorney for Personal Care, Power of Attorney for Property
Being mentally capable to make decisions depends on whether the decision is about:
- personal care, such as bathing and getting dressed
- health care and medical treatment
- property and finances
Mental capacity also depends on the type of document you want to prepare, for example:
A minimum payment is the smallest amount of money that you must pay on a debt or bill each month in order to avoid late fees and to keep a good credit history. The minimum payment amount is set by the creditor based upon how much you owe.
In Ontario, a minor is anyone under the age of 18. Minors are not legally responsible for some things that they do. For example, you usually can’t enforce a contract against a minor to collect money from them.
In Child abuse and neglect, Domestic violence, Family Law
Minutes of Settlement is a document that describes how parties have decided to resolve their issues. For example, you can sign minutes of settlement with your partner or a Children’s Aid Society. It can be used to get a court order, called a consent order, that says what the parties have agreed to.
In Criminal Law
This is a criminal offence. You can be charged with mischief if you intentionally:
- destroy or damage property
- render property useless, inoperative or ineffective
- prevent the lawful use, enjoyment or operation of property, or
- interfere with the lawful use, enjoyment or operation of property
Mischief is a hybrid offence that can be prosecuted by indictment or summarily.