glossary

Glossary

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Title: evidence
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Evidence is used to prove a fact or to persuade someone who's making a decision, like an immigration officer or a member of the Immigration and Refugee Board. There are different types of evidence, for example:

  • information witnesses give at a hearing
  • documents, such as letters or reports
  • photographs

If you make a refugee claim or an application to Immigration, Refugees and Citizenship Canada, you need to provide evidence to show why your claim or application should succeed.

Police and immigration authorities gather evidence when they think someone may have done something wrong or committed a crime. This type of evidence includes property they find when they're doing a search and statements that people make.

Title: evidence
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Evidence is used to prove that something is true or false. In court, evidence comes in different forms, such as documents, photographs, or information from witnesses. A judge, justice of the peace, or jury uses evidence to make a decision.

Evidence is also what the police gather when they investigate a crime. This includes statements people make and property the police find when they’re doing a search.

Title: ex parte
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Ex parte is a Latin phrase that refers to a legal step done with only one side participating.

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An ex parte motion, sometimes called an emergency motion, is when you bring an urgent motion without notice to your partner. This means you don't have to serve your documents on your partner before the judge hears the motion and makes a decision. The reason for not requiring service may be because of immediate safety issues or because the delay would likely lead to something serious happening. You can only bring this type of motion in limited situations. For example, if you feel there is an immediate risk that your partner will seriously harm you or your children, or leave the province or country with your children and not bring them back.

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An exclusion order is a type of removal order. If you get an exclusion order, you can't return to Canada for one year. But you can't return for 5 years if the reason for the exclusion order was "misrepresentation". This means that you said something that was not true or accurate, or you left out information you were required to give.

If you want to return sooner, you need permission in writing from Immigration, Refugees and Citizenship Canada. This is called an Authorization to Return to Canada (ARC).

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Exclusive possession is a court order that says only one partner can stay in, or return to, the home and the other partner isn't allowed on the property. If there are children, usually the order also includes that the children are allowed on the property. The order is usually temporary. The court doesn't decide who owns the home or who rented it when deciding which partner can stay in it.

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A child is in extended society care when they are in the care and custody of the Children’s Aid Society and they have to stay in their care until one of the following happens:

  • the court changes the order
  • the child turns 18
  • the child gets married
  • the child is adopted
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A way of diverting youth criminal behaviour. EJS can be imposed before or after a young person is charged with a criminal offence. Examples of EJS include:

  • volunteer work
  • compensating the complainant
  • attending specialized programs

If you finish the program, your court case is over and you won't have a youth court record, but there will be a police record of your participation in EJS for 2 years.

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Extrajudicial Measures (EJMs) are a type of youth diversion.

Diversion is when criminal charges are taken out of the court and dealt with in a more informal way. That means dealing with your charges without having a trial or pleading guilty. If you accept EJM, your court case is put on hold while you:

  • attend a program
  • take a course, or
  • complete other tasks away from the court

Once you finish your program, course, or other tasks, your court case will be closed.

If you accept EJM, you will have a youth record for 2 months. EJM records are much shorter than EJS records. A record for EJS lasts for 2 years.

The police can offer EJM before they charge you with a crime. The Crown can offer EJM after the police charge you.

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