Persons

Assistant Crown Attorney -

the person who represents society in court and is prosecuting your matter.

Court Clerk -

a person who assists the judge or the justice of the peace in the court.

Duty Counsel-

a lawyer, provided by the government, to assist people in criminal courts for bail hearings, pleading guilty and adjourning their matter.

Officer in Charge (O.I.C)-

the police officer that is preparing the Crown’s brief, when you get criminally charged.

Surety -

someone who attends courts, pledges money and promises to supervise someone that is criminally charged in the community. The surety can lose this money if the conditions are not followed.

Papers

Bail/ Recognizance/ Surety -

a legal paper that defines your behaviour after you have been criminally charged. Issued from the criminal courts or police station.

Crown Brief -

the Crown’s file of your charges prepared by the police.

Disclosure -

a package provided in court of police notes, and witness statements, that is the police’s case against you.

Information -

a legal paper which is sworn by a police officer and confirmed by a Justice of the Peace. This paper allows the court to address your matter, when your name is called.

Court

Adjournment -

a rescheduling of your appearance in court to another date in order to move your court case along.

Bail Variation -

a request to change one or more conditions of your bail/ recognizance.

Canadian Charter of Rights and Freedoms -

"The Charter" how the police and the courts are to treat you if you are being investigated and or arrested for criminal charges.

Crown Pre-Trial/ Resolution Meeting -

a meeting with your lawyer and the Crown, either on the telephone or in person, to discuss issues such as missing disclosure, trial length, or what will happen if you were going to plead guilty to some/all of the charges (such as amount of custody, probation).

Criminal Record -

criminal convictions that are entered on a youth or adult record. This may also reflect discharges and peace bonds.

Defense -

a possible legal excuses to your criminal charges.

Discharge Absolute or Conditional -

a finding of guilt by a Judge, which will appear on a criminal record. A conditional discharge will have a period of probation.

Election -

the Crown will chose how they will proceed on your criminal charges, either by way of summary conviction or indictment. Summary Conviction

Offences -

a type of criminal charge that are punished less severely than other types of charges, such as theft under.

Indictable Offences -

a type of criminal charge that is punished more severely by the court. These type of charges can be tried before a judge and jury (such as murder, break & enter, robbery, firearm offences). Fail To Comply/Breach (Recognizance) - an allegation that you failed to follow your conditions of release.

Fail to Appear -

an allegation that you did not attend court when scheduled or to have your prints taken.

Judicial Pre-Trial (J.P.T.)-

a formal meeting between your lawyer, the Crown and a Judge to deal with your criminal charges. At this meeting a discussion may occur about pleading guilty, the length of time it will take for trial, and missing disclosure.

Peace Bond -

a promise to obey certain conditions, such as stay away from a particular person or address for a period of time.

Pleading Guilty -

accepting criminal responsibility before a Judge, this will result in a finding of guilty and a possible criminal record.

Probation -

a sentence ordered by a judge for a person requiring reporting and the following of conditions.

Retainer -

paying your lawyer fully to appear in court and deal with your charges, either through legal aid or privately in cash.

Set Date -

an appearance in a specific court room at a specific time to have your criminal matter dealt with or spoken to. If you are under 18 years old, it is best to have an adult such as a parent, or relative with you.

The material in this pamphlet is not intended as legal advice. It merely conveys general information on legal issues commonly encountered by persons facing criminal charges in Canada. If you are charged with an offence, you should contact a criminal lawyer - immediately.