Criminal-law pages on this site sometimes use terms that are not part of everyday language. This glossary collects plain-language definitions for common terms used across Criminal Law in Ontario, organized alphabetically. Where a fuller explanation exists elsewhere on this site, the term links directly to that page. This glossary is a general reference tool, not a substitute for legal advice about how a specific term applies to your situation.
Jump to: A · B · C · D · F · H · I · J · N · P · R · S · U · V · W · Y
A
- Absolute discharge
- A sentencing outcome where a finding of guilt does not result in a registered conviction and no conditions are attached. See discharges.
- Accused
- The person against whom a criminal charge has been laid.
- Adjournment
- Postponing a court appearance to a later date, often to allow time for disclosure or for a lawyer to be retained. Common at a first appearance.
- Ancillary order
- An additional court order connected to a sentence, such as a weapons prohibition, separate from the main sentence itself. See the ancillary orders guide.
- Arraignment
- Sometimes used to describe the point at which an accused person is formally asked to enter a plea. In Ontario this generally happens as part of the court process rather than as a separate step; see first appearance and guilty pleas.
B
- Bail
- Common shorthand for judicial interim release: being released while a criminal charge is outstanding, usually subject to conditions. See bail and release.
- Bail hearing
- A court hearing, also called a show cause hearing, where a justice decides whether an accused person will be released before trial and on what conditions. See bail hearings.
- Bail review
- An application to a higher court to reconsider a bail decision made by a lower court. See bail reviews.
- Bail conditions
- Rules an accused person must follow while released on bail, such as a curfew or no-contact condition. See bail conditions.
- Breach
- Failing to comply with a court order or condition, such as a bail or probation condition. See alleged breaches and breach of probation.
- Burden of proof
- The obligation to prove something in court. In a criminal trial, the Crown generally bears the burden of proving guilt beyond a reasonable doubt. See burden of proof.
C
- Conditional discharge
- A sentencing outcome where a finding of guilt does not result in a registered conviction, provided the person complies with conditions for a set period. See discharges.
- Conditional sentence
- A sentence of imprisonment that, where available for the offence, is served in the community under strict conditions rather than in custody. See conditional sentences.
- Conviction
- A formal court finding, following a guilty plea or a trial verdict, that a person is guilty of an offence.
- Crown attorney
- The lawyer who prosecutes a criminal case on behalf of the Crown; also called the Crown or the prosecutor.
- Crown election
- The Crown's choice, for a hybrid offence, to proceed by summary conviction or by indictment. See summary and indictable proceedings.
- Crown screening
- The Crown's early review of a file to assess whether there is a reasonable prospect of conviction and whether prosecution is in the public interest. See Crown screening.
- Cross-examination
- Questioning of a witness by the opposing party, generally used to test the witness's evidence. See cross-examination.
D
- Detention
- Being held by police or in custody, generally involving a significant restriction on a person's freedom to leave. See detained.
- Disclosure
- The evidence and information the Crown provides to the defence about the case against an accused person. See disclosure.
- Discharge
- A sentencing outcome, absolute or conditional, where a finding of guilt does not result in a formally registered conviction. See discharges.
- Duty counsel
- A Legal Aid Ontario lawyer available at the courthouse to give free, brief legal help, including at first appearances and bail hearings, generally without becoming a person's lawyer for the whole case. See duty counsel.
F
- Finding of guilt
- A court's determination that an accused person is guilty of an offence, whether by guilty plea or trial verdict. See findings of guilt.
- First appearance
- The first time an accused person appears in court after being charged, often used to review disclosure status and set next steps. See first appearance.
H
- Hybrid offence
- An offence the Crown may choose to prosecute either summarily or by indictment; sometimes called a dual offence. See summary, indictable, and hybrid offences.
I
- Indictable offence
- A more serious category of offence under the Criminal Code, generally carrying higher maximum penalties and, for some offences, different trial options than a summary conviction offence. See summary and indictable proceedings.
- Information
- The formal document that sets out the criminal charge or charges against an accused person.
J
- Judicial interim release
- The formal legal term for release from custody while a criminal charge is outstanding, commonly called bail. See bail and release.
- Judicial pretrial
- A meeting, generally involving the Crown, defence, and a judge, used to discuss the status of a case and possible resolution before trial. See criminal pretrials.
- Jury trial
- A trial where a jury, rather than a judge alone, decides whether the accused is guilty. See jury trials.
N
- No-contact condition
- A bail or probation condition prohibiting contact with a named person, often a complainant. See no-contact conditions.
P
- Peace bond
- A court order requiring a person to keep the peace and follow certain conditions, sometimes used as an alternative to a criminal charge or conviction.
- Preliminary inquiry
- A pretrial hearing, available for some more serious indictable matters, used to determine whether there is enough evidence to send a case to trial. See summary and indictable proceedings.
- Probation
- A sentence, often combined with another sentence, requiring a person to follow specific conditions in the community for a set period. See probation.
- Promise to appear
- A document given to a released person that states the charge and requires them to attend court on a set date. See arrest and release.
R
- Recognizance
- A formal, sworn promise to pay a specified amount of money if a person released on bail fails to comply with their conditions; often associated with a surety. See sureties.
- Record suspension
- A process, formerly called a pardon, that can keep a criminal record separate from other records after a waiting period, for those who qualify. See record suspensions.
- Resolution discussion
- A discussion between the Crown and defence about possible ways to resolve a case short of a full trial. See resolution discussions.
- Restitution
- A sentencing order requiring an offender to compensate a victim for certain readily ascertainable financial losses caused by the offence. See restitution.
S
- Sentencing hearing
- The court hearing at which a judge determines and imposes a sentence following a guilty plea or conviction. See sentencing hearings.
- Show cause hearing
- Another name for a bail hearing, reflecting the question of whether the Crown or the accused must show cause why release should, or should not, be granted. See bail hearings.
- Summary conviction offence
- A less serious category of offence under the Criminal Code, generally carrying lower maximum penalties and simpler procedure than an indictable offence. See summary and indictable proceedings.
- Surety
- A person who supervises someone released on bail and who may be financially accountable if that person breaches their conditions. See sureties.
- Suspended sentence
- A sentence where the court suspends the passing of a further penalty and places the offender on probation, while still formally registering a conviction. See suspended sentences.
U
- Undertaking
- A signed promise to follow specific conditions, often given to police upon release, similar in nature to bail conditions. See arrest and release.
V
- Verdict
- A court's final decision on guilt or innocence following a trial. See verdicts.
- Victim impact statement
- A statement in which a victim describes, in their own words, the physical, emotional, or financial impact an offence has had on them, generally considered at sentencing. See victim impact statements.
- Voir dire
- A hearing held within a trial, often without the jury present, to decide a specific legal issue such as whether certain evidence is admissible. See witnesses and evidence and applications and motions.
- Vulnerable sector check
- An enhanced background check, generally required for positions involving contact with children or other vulnerable people. See vulnerable sector checks.
W
- Weapons prohibition
- A court order restricting a person's ability to possess weapons, often imposed as an ancillary order on sentencing. See weapons prohibitions.
- Witness
- A person who gives evidence in a criminal case, whether for the Crown or the defence. See witnesses and evidence.
Y
- Young person
- Under the Youth Criminal Justice Act, a person who was 12 to 17 years old at the time of the alleged offence, dealt with in a separate youth justice system. See youth justice.