Glossary
In Income Assistance, Child tax benefits
The law says that the parent who’s “primarily responsible” is the one who takes care of their child on a daily basis. If both parents do this, it’s the parent who spends more time taking care of the child’s needs.
In a family with a female and male parent, the law considers the female parent to be primarily responsible. Same-sex parents or fathers who apply for the Canada child benefit may need a letter from the child’s other parent saying that they’re primarily responsible.
In Criminal Law
A “primary designated offence” is a serious offence, such as a sexual assault or a serious assault. If you’re convicted of a primary designated offence, the court must ask for a DNA sample from you. A record of your DNA sample will be kept in the National DNA Data Bank.
In Family Law
Primary residence is the place where your child lives most of the time.
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
A private prosecution is when an individual tries to have another person charged with a crime and brought to court. To apply for a private prosecution, the person must have reasonable grounds to believe that someone committed a crime.
In Criminal Law
This is a special way of treating certain types of information. Information that is privileged cannot be used or shared in court or disclosed to anyone outside of court unless permission is given by the party to whom the privilege attaches. Privilege helps to encourage relationships that are necessary for the proper functioning of the judicial system. This includes relationships between:
- lawyers and their clients
- confidential tipsters and the police
In Wills and Powers of Attorney
Probate is the process of applying to the court after a person dies, so that the court can confirm:
- that their will is valid, if they made one
- the person who is named as estate trustee can act
If the person did not name an estate trustee, or died without a will, someone may have to apply for probate and ask the court to become estate trustee.
Probation can be something a criminal court orders that you have to do as part of your sentence. A sentence is the punishment the court gives you if you’re found guilty.
Probation usually comes with conditions. For example, you may have to report to a probation officer or go to a drug treatment program.
In Family Law
A procedural order is an order for something that helps move your case along. For example, an order that has a timeline for you and your partner to exchange certain documents, or an order that gives you more time to file documents with the court.
In Family Law, Tribunals and Courts
A process server is someone who is in the business of serving or giving documents to a party involved in a court case.
To find process servers in your area, look in the yellow pages or visit canada411.ca and search for “process server”.
In Criminal Law
A prohibition is something that a court order forbids you from doing. For example, if you committed a violent offence, you will probably not be allowed to own a weapon for 5 or 10 years. The prohibition is usually given as part of a sentence. A sentence is the punishment that the court gives you if you’re found guilty.