A proceeding in the Ontario Court of Justice available to people being prosecuted by indictment. A preliminary hearing does not determine guilt or innocence. It is used to determine whether there is enough evidence for committal. The test for committal is whether there is any evidence upon which a properly instructed jury could convict. If you are not committed to stand trial, you will be discharged and your case will be over. A preliminary hearing is also known as a preliminary inquiry.
A proceeding in the Ontario Court of Justice available to people being prosecuted by indictment. A preliminary inquiry does not determine guilt or innocence. It is used to determine whether there is enough evidence for committal. The test for committal is whether there is some evidence that a judge or jury could use to convict you at a trial. If you are not committed to stand trial, you will be discharged and your case will be over. A preliminary inquiry is also known as a preliminary hearing.
When you're paid premium pay, you get 1 1/2 times your regular rate of pay. People often call this "time and a half". The rules about public holidays give some workers the right to get premium pay when they work on a holiday.
Prepaid services are cellphone services that you pay for before you use the service. They include prepaid cards or accounts for a fixed amount of service or a fixed cost. Some contracts also cover prepaid services.
This is different from a postpaid service, where you pay for your usage at the end of the month.
If you are accused of a crime you are entitled to be considered innocent until the Crown has proven you to be guilty beyond a reasonable doubt. This means that the burden is on the Crown to prove you committed the crime, you do not have to prove you are innocent.
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.
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.
Primary residence is the place where your child lives most of the time.
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
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.