Glossary
Absolute Discharge
A finding of guilt – not a conviction. There are no requirements to fulfil and no supervision. Your criminal record can be destroyed after 1 year.
Adjourn
To bring back a matter another day or time
Conditional Discharge
A finding of guilt – not a conviction. There will be a set period of probation terms to follow and you may have to report to a probation office. If you follow the terms and aren’t charged with other offences in that time, your criminal record can be destroyed after 3 years.
Conditional Sentence
A conditional sentence is a non-custodial sentence (also known as house arrest) for individuals serving less than 2 years.
The Crown/Crown
Crown prosecutors - also known as prosecutors, crown counsel, or the crown - are lawyers employed by the Attorney General. They are the lawyer who represents the interests of the public and the “victim” of a crime. If you are facing a charge, you should be very careful what you say in their presence.
Crown Pretrial (CPT)
A meeting to discuss possible resolution, or issues for trial, witnesses and trial date. Sometimes called crown resolution meeting in the early stages.
Crown Screening
A paper indicating the crown’s initial position on your charges, and what they might be seeking. Final outcomes can vary significantly from the screening form.
Custody/
Custodial
When you are not free to do as you wish. Closed custody is time in a detention facility, provincial jail, or federal prison. Open custody are supervised programs in the community - such as a halfway house - where you must comply with conditions.
Detained
To be kept by police; not under arrest or charged, but not free to go
Disclosure
A collection (digital or physical) of evidence the crown has and intends to use against you; officer notes, photos, video, statements to police, etc.
Same as "discovery" in the U.S.
Diversion
A process to settle your charge outside of the criminal court process. Often offered to first-time accused facing minor charges. There is no criminal record.
Duty Counsel
Duty counsel are no-cost lawyers available to represent low-income people who don’t have private counsel. They can represent clients at simple court appearances, give legal advice, and help review court documents but they will not help with a trial.
Gladue
Can refer to either a set of sentencing principles for Indigenous people, or a special court for Indigenous peoples to have their charges heard in.
Injunction
A court order against individuals or groups meant to stop a particular behaviour or action. Breaching an injunction is a criminal charge.
Judicial Pre-trial (JPT)
A meeting between the crown and you (if self-representing) or your lawyer to discuss issues for a jury trial in front of a judge
OIC Undertaking
Signing conditions with an officer in charge (OIC) to be released from the police station, instead of being kept for a bail hearing the next day.
Parole
A release from prison before your sentence is complete, under certain conditions. DAY PAROLE is when you live in a community-based supervision program (halfway house). FULL PAROLE often allows you to live in your own housing, but there is still supervision.
Peace Bond
The withdrawal of the charge(s) in exchange for signing an agreement to follow certain conditions. No criminal record. Usually used in the case of withdraws and diversion.
Probation
A term of post-sentencing conditions, lasting between 1-3 years. It may be supervised or not.
Promise to Appear (PTA)
A signed document agreeing to appear for fingerprinting and/or court. Often used in conjunction with an OIC Undertaking.
Recognizance
A release from detention (bail hearing) with a promise to follow certain conditions where no surety is required.
Remand
To be sent to custody to await a bail hearing or trial.
Set Date
The court dates that occur after your first appearance, while awaiting screening & disclosure, securing legal aid, or before resolution meetings. Usually set every 3-4 weeks as the case progresses.
SLAPP Suit
“Strategic Lawsuit Against Public Participation”: a civil lawsuit typically intended to censor activists with the threat of a huge financial burden.
Statutory Release
Mandatory release from custody for most prisoners after two-thirds of their sentence is completed (not for life or indeterminate sentences). Different from parole.
Summons
An official notice to an accused or witness that they must attend court. Often served by a process server or police officer.
Surety
An individual who agrees to supervise an accused in the community and ensure the individual attends court and follows their bail conditions. Sureties are used in Ontario in lieu of a cash bail program. A surety must promise an amount of money to the court, but rarely needs to deposit or pay that money up front.
Suspended Sentence
A sentence that can be "recalled" or brought back before the court if you breach the conditions associated with it, so that you can be re-sentenced to custody. This type of sentence is not "final" until you have served it in it's entirety.