ABSOLUTE DISCHARGE An Absolute Discharge is a sentence made after an accused person

has been found guilty, but is still allowed to walk away without any penalty. This does not really
give the person a criminal record as regards to the offense made. This happens either when they
find the accused guilty after the trial, or by an early guilty plea of the accused. No conditions are
required in order to execute the absolute discharge. After one year, the information regarding the
discharge is removed from law enforcement computers.

ACCUSED The term Accused is short for the Accused Person. This is the term used in the
Canadian Justice System to refer to the person who has been charged with a Criminal Offense.
This is in contrast to the American Justice System, which actually uses the term Defendant rather
than Accused.

ACQUITTAL After the trial, a verdict will be chosen depending on the strength of the evidence.
An Acquittal is the verdict that has been entered by a Trier of Fact, in which the Accused has
been found to be not guilty of the charged offense.

ADJOURNMENT An adjournment is when the court proceedings are suspended, to be resumed

at a later time. There are many steps before a court proceeding is finalized. On your first time
attending court, for example, the case will most likely be adjourned to a future date, just so that
you would be able to speak to your lawyer and strengthen your defense.

APPEARANCE NOTICE This is the legal document, also known as the Promise to Appear. It
effectively requires the accused to appear in front of the court so that the accused can answer to
the charges put on the accused. If the accused fails to appear, then a bench warrant for your arrest
may be issued, and another charge for failing to attend court will be added.

ARREST An arrest is what happens when a person, more often the accused, is given a criminal
charge, and then taken into custody in order to prevent the accused from committing any further
crimes, as well as to investigate the accused further.

ASSAULT Assault is a criminal offence in which a person applies force or threatens to apply
force on another person without that other person's consent. The person must have the present
ability to apply that force. The degree of the crime depends on a number of factors, such as
whether a weapon or an imitation weapon was used for the assault, if it was an aggravated
assault, a sexual assault or aggravated sexual assault, or even assaulting a police officer.

BAIL Following the arrest, the accused is brought into police custody. Shortly after, the accused
is brought in front of a judicial officer, who will decide whether to hold the accused in custody
while waiting for the trial, or to release the accused. Sometimes, the accused can be released on
bail. A bail payment is an ascertained amount of money assigned by a judicial officer and can be
used to release the accused. It is also used as security to ensure that the accused attends any
future court proceedings.
BENCH WARRANT When a person has been requested to attend a trial or hearing, but has
failed to do so, or was able to make an appearance but unable to remain in attendance, a judge
can issue a bench warrant, to be carried out by the police. The bench warrant orders the arrest of
the person, for failing to comply with the rules of attendance in court. Sometimes, the judge can
issue a discretionary bench warrant, wherein the trial can be adjourned to a later date, and
depending on his attendance then, they will arrest him or not.

BEYOND A REASONABLE DOUBT Criminal matters generally have a higher standard of

proof than civil matters. Proof Beyond a Reasonable Doubt is required for criminal convictions.

CANADIAN CHARTER OF RIGHTS AND FREEDOMS The Canadian Charter of Rights and
Freedoms is a document that states the range of civil rights as well as individual freedoms of all
Canadian citizens. It is a major component of the Canadian constitution.

CHARGE A charge is a term in criminal law that pertains to an accusation made to a person who
allegedly performed a particular offence as specified in the Criminal Code of Canada. In the
arraignment, the charges are formally read in front of the court and to the accused person.

CONDITIONAL DISCHARGE A Conditional Discharge is a finding of guilt. However, this

does not really give the person a criminal record as regards to the offense made. This happens
either when they find the accused guilty after the trial, or by an early guilty plea of the accused.
The difference between an absolute and a conditional discharge, however, is that a condition or
set of conditions declared by the court must be fulfilled in order for the discharge to be absolute.

CONTROLLED DRUGS AND SUBSTANCES ACT The Controlled Drugs and Substances Act is
part of Federal legislation that controls all things pertaining to the production, possession and
distribution of drugs, as well as other dangerous substances. It also declares which kinds of
substances can be declared as dangerous substances.

CONVICTION When the accused is found guilty, usually the sentence is conviction, which is
the way the court formally decides that the accused has been found guilty. Once a person is
convicted, it results in the person obtaining a criminal record.

CRIMINAL CODE OF CANADA The Criminal Code of Canada is a document that is part of
Federal legislation that puts into writing most criminal offences in Canada, as well as elements of
the criminal procedure and how to deal with these various criminal offenses.

CRIMINAL HARASSMENT Criminal harassment is the term for stalking and other related acts
as categorized by the Criminal Code of Canada. It constitutes repeated acts of watching,
following and harassing the victim, leading to generating unwanted attention and the possibility
of using force to attain the victim. There doesn't have to be an outcome in order to be considered
a crime. Rather, repeated behavior of this nature is enough to be considered criminal harassment.
CROWN PROSECUTION A Crown prosecution is a prosecution against a person who has been
accused of a criminal offense against the state or its subjects. A Crown prosecution is usually
handled either by a peace officer or a representative of the Crown.

DANGEROUS OFFENDER A dangerous offender is a person who has already been previously
convicted of a serious crime. After an assessment, he is deemed as being more likely to commit
another offense.

DEFENCE When faced with a criminal charge, an accused person will have to appear in court
and give a proper legal argument called a defence to demonstrate his case and show why the
accused should not be found guilty.

DEFENCE COUNSEL The Defence Counsel in criminal law is the lawyer that is qualified to
represent the accused person during the formal court proceedings. It is up to the defence counsel
on how to properly handle each case depending on the context of the offense and the history of
the accused.

DIRECT EVIDENCE Direct evidence can be differentiated from circumstantial evidence, in that
it directly proves the fact in issue and can be a concrete manifestation of that fact, as opposed to
circumstantial evidence that still relies on an inference or inferences from other known facts.

DISCHARGE There can be different decisions that can be made after criminal court
proceedings. One of these options is a discharge, a special case wherein the accused person has
been found guilty, but is still discharged. When an accused person is discharged, that particular
person is also absolved of getting a criminal record.

DISCLOSURE Disclosure is a term in criminal law that pertains to certain acts allowing certain
documents and materials available to be read and used by a certain party, as long as this
disclosure is in compliance with legal requirements.

DIVERSION There can be a way of resolving a certain case for an accused person to accept
responsibility for a criminal offense and still have criminal charges withdrawn, and the accused
person doesn't have to obtain a criminal record. Known as diversion, it pertains to the act of the
accused person accepting different tasks such as writing a letter of apology, attending
counseling, performing community service or making a charitable donation. Diversion usually
works in less serious cases. In some cases, the charges still won't be withdrawn, but are rather
“stayed”, which simply means that the Crown Attorney no longer wants to continue the
prosecution.
DRUGS & NARCOTICS The production, possession or trafficking of drugs and controlled
substances like narcotics can be the cause of criminal charges, as stated by the Controlled Drugs
and Substances Act. A person may be charged of Possession of a Prohibited or Controlled
Substance, Possession of a Controlled Substance for the Purposes of Trafficking, Trafficking in a
Prohibited or Controlled Substance, Producing, Cultivating or Growing a Controlled Substance
and Importing, Exporting or Possessing for the Purpose of Exporting a Controlled Substance.

EVIDENCE Evidence is information used to prove the facts presented at a trial. Direct Evidence,
sometimes called Real Evidence, tends to be statements or facts that are beyond dispute. For
example, if footprints are found (and photographed) in and around a crime scene, one cannot
dispute the existance of these footprints. Circumstantial Evidence, is that which cannot be
directly proven but which one might infer from direct evidence. For example, if a footprint
matches the shoe of a person being charged with a crime, this does not prove that the person
commited the crime or was present during the crime.

FRAUD Fraud is a criminal offence that is committed when a person takes advantage of another
person or persons, and defrauds them of money or valuable security, property or service, by
means of intentional deception for one's personal gain. Fraud is somewhat related to theft as
well. However, while fraud charges are usually laid out along with charges of theft, it is usually
difficult for the Crown Attorney to prove fraud.

HEARSAY EVIDENCE that is offered by a witness of which they do not have direct
knowledge. Instead, their testimony is based on what others have said to them.

HUNG JURY A jury which is unable to arrive at a required unanimous verdict.

HYBRID OFFENCE A Hybrid Offence is a term in criminal law that is applied to a particular
criminal offense that can be tried both by summary conviction procedure as well as by
indictment. Usually this all depends on the decision of the Crown Prosecutor. It is first served as
an indictable offense, until the Crown deems the rest of the sentence to be served by way of
summary conviction.

IMPAIRED DRIVING Impaired driving is a set of criminal offenses that can be committed
when a person exhibits reckless behavior while driving, and upon further examination is found to
have consumed alcohol before driving. These offenses are also collectively known as Driving
Under the Influence, and are generally proven when a person's blood alcohol concentration is
seen to be more than 80 milligrams of alcohol for every 100 milliliters of blood. When a person
has this much blood alcohol, it means a fail in the alcohol test administered by a police officer,
and can be arrested for impaired driving.
INDICTABLE OFFENSE Depending on the type of criminal offense and the context of the
offence, the Crown Prosecutor can either give an accused person a summary conviction or an
Indictable offense. An indictable offense is a criminal offense that is more serious than a
summary conviction. An indictable offense is subject to complex court procedures, such as a
preliminary hearing in the Supreme Court of Justice, and it can have higher fines and carry
longer maximum penalties.

INJUNCTION A court order that prohibits a party from doing something (restrictive injunction)
or compels them to do something (mandatory injunction).

JUDICIAL INTERIM RELEASE A Judicial Interim Release allows for the release of an accused
person through bail, when the accused person is in between the process of the committal for trial
and the trial's completion. Depending on the terms of agreement, the Judicial Interim Release
may or may not contain some conditions for the release and may or may not require another
person to guarantee the release.

JURY A group of citizens randomly selected from the general public and brought together to
listen to court proceedings and opposing arguments. At the end of the proceedings they are asked
to assist justice by deciding which version, in their opinion, constitutes "the truth".

JUSTICE OF THE PEACE A Justice of Peace is a particular kind of judicial officer that has
specific authorities. These authorities include a lot of things pertaining to criminal matters, such
as listening to applications of bail, the issuance of warrants, as well as provincial offense trials.

LEADING QUESTION A question that is worded as to suggest an answer; usually answerable

by yes or no.

MISTRIAL A partial or complete trial which is found to be null and void and of no effect due to
some irregularity.

OATH When a person appears on court to make his or her testimony, he is required to take an
oath, which is a solemn declaration that whatever the person is about to state to court is nothing
but the truth. This is usually followed by a swearing to God.

OPENING STATEMENT The crown attorney's or defence lawyer's initial remarks at trial, to the
finder of fact, either a judge or jury, setting out a road-map of their planned case.

REASONABLE DOUBT A threshold of proof in Canadian criminal cases which requires the
trier of fact to be sure, not certain, of the accused's guilt, before convicting.

RECOGNIZANCE Recognizance is a legislated form that is used by the court. It declares the
terms and conditions for an accused person to be released on bail or a peace bond. It also states
the time when the person is expected to go back to court in order to make his or her appearance
in front of the court.
REMAND A Remand is an order given so as to adjourn a certain hearing or trial to another day.
This is usually done in most criminal cases, especially when the accused person is kept in
custody.

RESTITUTION A restitution order is an order made by a judge that orders or requires a

convicted person to give acquired property back in order to restore the property to its rightful
owner. If this is no longer possible, then the convicted person will have to compensate for the
loss, or repair the damage that was caused by the offense.

SEARCH WARRANT A search warrant is a written order that is issued by a justice under
statutory powers. It allows a specified and named person to enter a specified area, place,
receptacle, etc. to search and get specified objects or property. This property will be used solely
to provide evidence of an offense allegedly committed by an accused person.

SENTENCE When an accused person is found guilty after a trial, the penalty that is imposed on
the guilty person is called a sentence. There are various types of sentences. Most of these
sentences involve imprisonment. A Concurrent Sentence is one where multiple terms of
imprisonment can be served simultaneously. A Consecutive Sentence is where multiple terms are
served consecutively. A Conditional Sentence is made for lighter offenses, where imprisonment
is less than two years. The judge may order the sentence to be served in the person's community,
under strict conditions. A Suspended Sentence allows the guilty person to be released under
certain conditions as written in an order for his probation. An Intermittent Sentence has periods
of imprisonment in between periods of probation. This is usually for sentences for 90 days or
less.

SHOW CAUSE HEARING A Show Cause Hearing is a type of hearing that has the prosecutor
being required to show some cause for the arrest and keeping in custody of the accused person
initially, before the trial.

SOLICITOR-CLIENT PRIVILEGE When a person hires a lawyer, or solicitor, he becomes the

solicitor's client. This special relationship gives them both a Solicitor-Client Privilege, where
they can withhold the transmission of their communications to each other from other people.
This includes seeking, forming, or giving legal advice. This protects the client from other people
who may want to use his words against him.
SUMMARY CONVICTION Offense Once an accused person has been found guilty, the court
needs to decide on his sentence. If the criminal offense was not that serious, the court can give
the accused a summary conviction. Compared to indictable convictions, which is reserved for
more serious cases, a summary conviction offence generally has lower penalties and
consequences that are not as serious. Criminal offenses are classified as either summary
conviction or indictable. Generally, summary conviction offenses have lower penalties and less
serious consequences.

SUMMONS (TO WITNESS) A Summons to Witness is a document that has been issued by a
certain court, agency, board, commission or another person, and sent to a person, requiring him
to attend a trial or hearing, as well as to present documents and other things that might help make
the decision in that particular case.

SURETY Surety is when a person promises security to another person or gives security, with
conditions or obligations that were imposed during a court proceeding and have to be fulfilled by
the person. Otherwise, the security that is given to the person may be forfeited.

TRIAL When a person is accused of a criminal offense, he has to be brought in front of the court
to face a trial. The trial is an actual hearing of a legal issue such as a criminal offense, and
involves the accused person and the accuser, which, in the case of Criminal offences, is the
Crown. Evidence is brought to support either side, including witnesses to the crime. A sentence
is decided for the accused depending on the evidence supporting or going against him.

TRIER OF FACT In any given trial, there is a Trier of Fact, which can be the judge, if he is
sitting alone or the jury if there are many of them. The duty of the Trier of Facts is to decide
questions of fact, and not questions of law. This means that instead of regarding if an action is
lawful, they question whether such an action can be factual.

VERDICT A judge or jury's decision in a trial.

VICTIM IMPACT STATEMENT A Victim Impact Statement is a written statement that is

prepared by a victim or the victims of a criminal offence and lists down the impacts that the
criminal offense had on their own lives.

VOIR DIRE A Voir Dire is a French term that pertains to a trial made within a larger trial. This
inner trial is done to determine whether the evidence to be presented by one party can be deemed
admissible and usable in the given trial or hearing. It is required by law to have a Voir Dire
hearing before a confession to a person of authority can be admitted as evidence. If a witness
statement or piece of evidence is found to be inadmissible and irrelevant for the hearing at the
end of the Voir Dire, the trial goes on without that specified evidence. The final sentence cannot
be affected by whatever that evidence is or suggests.
WARRANT A warrant is a written document by a justice with statutory powers that orders
authorized persons (such as the police) to perform actions such as arrests and such to accused
persons. A warrant can either be an executed warrant or an unexecuted warrant. While an
unexecuted warrant has yet to be performed, an executed warrant has already been performed
and carried out.

WEAPONS Under Canadian law, a weapon is any object that is designed to be used or intended
for use in causing injury and even death to another person, or for purposes of intimidating or
threatening a person. While this can include traditional weapons such as knives, firearms and
items used for self defence, due to its broad definition it can cover even household items such as
pens and baseball bats. Weapons, when used in a criminal offense such as an assault, make the
offense more serious and increase the gravity.

White Collar Crime: White Collar Crime pertains to a set of crimes that can be committed by a
person who is supposedly respectable and has a high social status, and uses his high status and
white collar occupation to perform such crimes as false pretences, counterfeit money,
falsification of books and records, real estate fraud, forgery, theft under power of attorney,
securities fraud and money laundering. A complete list is covered on the Criminal Code. Usually
white collar crimes can overlap with corporate crimes.

WITNESS A witness is someone who actually has a firsthand account of the crime or event and
can clarify important points in a case. He or she is the one who gives evidence during the trial. A
witness can either be Compellable, in which the witness has to present evidence pertaining to the
crime. They can also be Expert witnesses, who know everything about a particular field of
knowledge and whose knowledge can assist the proceedings in some way.

Source: http://www.kruselaw.ca/glossary