retainer
The cost of hiring a lawyer privately. A lawyer usually requires a retainer fee to be paid before they begin working on your case.
direct indictment
This is a special power of the Attorney General to override the preliminary hearing process. If a direct indictment is preferred against you, your case will be sent to trial in the Superior Court of Justice, without a preliminary hearing, or after you have been discharged at a preliminary hearing.
presumed innocent
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.
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...
prosecute
This means having legal proceedings against someone accused of a crime to see if that person is guilty.
pre-trial motion
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...
Partner Assault Response (PAR) program
This is a court facilitated counselling program for domestic related offenders. If you have been charged with an offence against your spouse, common-law partner, boyfriend, or girlfriend, you may be eligible to enter into the PAR program. The program helps offenders to understand and avoid behaviour that leads to violence and encourages healthy...
mischief
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...
summarily
Most criminal offences are “hybrid” offences. This means the Crown uses the specific facts of each case to decide if to prosecute the case as a summary offence or as an indictable offence:
- Summary offences are considered less serious. They go to the Ontario Court of Justice where the court process is simpler and faster. There is never...
on the record
This is a written record of what is said in court by the Crown, the defence lawyer, the judge, the accused and others (witnesses and court staff) who may be testifying or asked to speak. It will be in the transcript of the proceeding.