If you're charged with a crime and spend time in jail, the time you spend in jail before being found guilty is called pre-trial custody. If you're convicted of a crime and sentenced, the judge may give you credit for your time in pre-trial custody. This means that your sentence could be reduced by a certain amount for every day you were in pre-trial custody.
Motions are used by the Crown and defence lawyer to request that the court do something. These are applications that occur before the trial. They usually require written materials and attendance at court to argue the motion.
Pre-trial motions are argued once it has been decided that a case is going to trial. Some common pre-trial motions request the court to:
- allow or exclude specific items of evidence
- allow or prevent witnesses from testifying
- change the location of the trial (change of venue)
- stay the charge
A preauthorized debit is when you give permission to your bank to automatically pay a person or business out of your account on a certain date. For example, you might pay your phone bill or car loan through a preauthorized debit. A preauthorized debit is sometimes called a preauthorized payment. It can also be used to refer to post-dated cheques you give someone to cash on a future date.
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.
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.