Glossary

Abduction occurs when a parent or guardian unlawfully takes a child under 14 years of age out of someone else's lawful possession.

See also: Child Kidnapping and Abduction

An absolute discharge means a person is found guilty of an offence, but the court does not enter a conviction and attaches no conditions. The case ends immediately once the discharge is ordered.

How it works in practice. A judge can order this at sentencing, after a guilty plea or a finding of guilt, when it is in the person's best interests and not contrary to the public interest. Because no conviction is entered, the law treats the person as not having been convicted of that offence, and nothing further is required of them.

The law.

• A court may discharge a person absolutely, instead of entering a conviction against them. (Criminal Code, s. 730(1))
• A person who is discharged is deemed by law not to have been convicted of the offence. (Criminal Code, s. 730(3))

Common questions.

What is the difference between an absolute and a conditional discharge? Both mean no conviction is entered. An absolute discharge has no conditions and takes effect right away. A conditional discharge instead comes with probation conditions the person must follow.

See also: Types of Sentences

An accessory after the fact is someone who helps a person escape or avoid justice after that person has committed an offence, knowing or believing that the person committed it. It is different from being a party to the original offence.

The accused is the person charged with a criminal offence. The accused is presumed innocent unless the Crown proves guilt beyond a reasonable doubt.

An acquittal is a finding that the accused is not guilty of the charge. It means the Crown did not prove guilt beyond a reasonable doubt. It does not always mean the court found that nothing happened.

Act (Statute) is a law passed by Parliament (federal) or a provincial legislature. A federal Act must pass three readings in both the House of Commons and Senate.

Actus reus is the physical element of an offence — the act, omission, circumstance, or result that the law requires. The term is Latin for "guilty act." For most criminal offences, the Crown must prove both the actus reus and a separate mental element, usually called mens rea.

How it works in practice. Before someone can be convicted, the Crown must prove beyond a reasonable doubt that the conduct element of the offence occurred. Depending on the offence, that may mean proving that the person did a particular act, caused a particular result, possessed something, or was in circumstances described by the law.

An omission can also form the actus reus, but only where the law imposed a duty to act. For example, criminal negligence can include failing to do something that a legal duty required. Proving the actus reus is not normally enough by itself — the Crown must also prove the mental element required by that offence.

The law.

• Except for the courts' preserved power to punish contempt of court, a person cannot be convicted of a common-law offence in Canada. The physical element of an offence is therefore found in the statute that creates it. (Criminal Code, s. 9)
• Criminal negligence can consist of doing something, or omitting to do something that a duty imposed by law requires. (Criminal Code, s. 219)

Common questions.

What is the difference between actus reus and mens rea? Actus reus is the conduct part of an offence — the act, omission, circumstance, or result. Mens rea is the mental part — what the accused intended, knew, or was reckless or wilfully blind about. For most criminal offences, the Crown must prove both.

Can a person be found guilty just for not doing something? Only where the law imposed a duty to act and the offence makes the failure to perform that duty criminal. There is no general criminal offence of failing to help another person.

An adjournment means a court matter is moved to another date instead of finishing that day. Adjournments may happen for disclosure, legal advice, resolution discussions, scheduling, or other reasons.

Admissible evidence is evidence the court allows to be used in a hearing or trial. Evidence may be excluded if it is irrelevant, unfair, unreliable, privileged, hearsay without an exception, or obtained in a way that breached Charter rights.

See also: Presenting Evidence

The minimum age at which a person legally considered to be an adult and can buy alcohol. It is 18 in some provinces/territories and 19 in others.

The charge is laid if someone is wounded, maimed, disfigured or feels their life was endangered during a sexual assault.

See also: Aggravated Sexual Assault

An aggravating factor is a fact about the offence or the offender that can push a sentence toward the harsher end. A judge weighs it against any mitigating factors, which point the other way. The Criminal Code lists examples, like hate motivation or abuse of trust.

How it works in practice. Aggravating factors come up at the sentencing hearing, once guilt is established. The Crown may point to facts such as a breach of trust or committing the offence while on release, and ask for a heavier sentence. For the accused, that can mean a longer or stricter sentence.

The law.

• A sentencing judge must weigh any relevant aggravating or mitigating circumstances connected to the offence or the offender. (Criminal Code, s. 718.2(a))

Common questions.

What counts as an aggravating factor? It depends on the case. Common examples include abuse of a position of trust, a hate or bias motive, or committing the offence while on release. The judge decides which facts apply and how much weight to give them.

See also: Sentencing Principles

Aiding and abetting means helping, encouraging, or assisting another person to commit an offence. In Canada, this is usually discussed under the law of parties to an offence.

An alibi is evidence that the accused was somewhere else when the offence happened and therefore could not have committed it. Alibi evidence has special disclosure and trial rules.

Alternative measures are programs that may allow some adult criminal charges to be resolved without a trial or conviction. They usually require the accused to accept responsibility and complete agreed steps. Availability varies by province, offence, and Crown policy.

See also: Alternative Measures Program

Amphetamines are stimulant drugs that speed up the central nervous system. Common street names for them are speed, bennies, glass, crystal, crank, pep pills and uppers.

See also: Amphetamine

The process where a higher court reconsiders a judgment or sentence given by a lower court.

See also: What is an Appeal?·Launching an Appeal

An appearance notice is a document that tells a person they must attend court on a certain date. Police may use it instead of holding the person in custody, depending on the offence and the circumstances.

An approved instrument is a breath-testing instrument used to obtain evidentiary breath samples in impaired-driving investigations. It is different from a roadside approved screening device.

An approved screening device is a roadside device police use to screen a driver's breath for alcohol. The result can help police decide whether to make further demands or continue an impaired-driving investigation.

Arbitrary detention means being detained by the state without proper legal grounds. Section 9 of the Charter protects against arbitrary detention.

See also: Arena for Animal Fighting

Arraignment is the step in a criminal case where the charge against a person is read out in court and that person says whether they are guilty or not guilty. In Canada this is usually a short, routine part of an early court appearance, not the dramatic scene often shown on television.

How it works in practice. At this stage, an accused person — usually with a lawyer beside them — hears the charge stated and answers guilty or not guilty. Pleading not guilty does not require an explanation; it simply keeps the case moving toward a trial, where the evidence can be tested.

The law.

• The Criminal Code sets out how a plea is entered: an accused may plead guilty, not guilty, or one of the special pleas the Code allows, and no others. (Criminal Code, s. 606(1))

See also: First Appearance·Plea Options

An arrest is when police take a person into legal custody, usually because they have legal grounds to believe the person committed an offence. On arrest, a person has Charter rights, including the right to be told why they are being arrested and the right to speak to a lawyer without delay.

See also: Your Rights on Arrest

See also: Assault and Battery

See also: Assault with a Weapon

An attempt is conduct that goes beyond mere preparation toward committing an offence, even if the offence is not completed. Attempting to commit an offence can itself be a crime.

See also: Attempted Murder

Attorney-client privilege is common U.S. wording. In Canada, the usual term is solicitor-client privilege. It protects confidential communications between a lawyer and client for legal advice.

A permit issued by the federal government under the Firearms Act that allows a person to lawfully possess a restricted or prohibited firearm that is loaded or with readily accessible ammunition.

Automatism is a defence involving conduct that was not voluntary, such as actions done while a person was not consciously controlling their body. Automatism is legally complex and often requires expert evidence.

When a foreign national enter into a marriage, common-law partnership or conjugal partnership for the primary purpose of immigrating to Canada.

Bail is the common word for judicial interim release. It means an accused person is released from custody while their case continues, sometimes with conditions. In Canada, release without conditions is the starting point for many bail decisions unless the Crown shows why detention or conditions are justified.

See also: Bail Hearings

A bail hearing is where a judge or justice decides whether an accused person should be released or kept in custody while the case continues. If release is ordered, the court may impose conditions. Bail hearings are also commonly called show-cause hearings.

See also: Bail Hearings

Balance of probabilities means more likely than not. It is a lower standard than proof beyond a reasonable doubt. Some issues inside criminal proceedings may use this standard, but guilt itself must be proven beyond a reasonable doubt.

Bench trial is more common U.S. wording, but people use it to mean a trial decided by a judge without a jury. In Canada, the usual phrase is trial by judge alone.

A bench warrant is a warrant issued by a judge, often because an accused person did not attend court when required. It authorizes police to arrest the person and bring them before the court.

Drugs that slow down brain activity, often used as sedatives and tranquilizers.

The amount risked in a wager on any sporting event or game of chance that takes place in or out of Canada.

Beyond a reasonable doubt is the level of proof the Crown must reach before a person can be found guilty. It is much higher than proof on a balance of probabilities and lies far closer to certainty, but it does not require absolute certainty. If a reasonable doubt remains, the accused must be acquitted.

How it works in practice. The Crown must prove every essential element of the offence beyond a reasonable doubt. The accused is presumed innocent, does not have to testify, and does not have to prove innocence. A reasonable doubt must be based on reason and common sense and may arise from the evidence or from an absence of evidence. It cannot be imaginary, frivolous, or based only on sympathy.

The law.

• A person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing. (Canadian Charter of Rights and Freedoms, s. 11(d))
• The Supreme Court of Canada has explained that proof beyond a reasonable doubt is much closer to absolute certainty than to proof on a balance of probabilities, while still requiring something less than absolute certainty. (R. v. Lifchus, [1997] 3 S.C.R. 320)

Common questions.

Must the judge or jury be completely certain? No. Absolute certainty is not required, but probable guilt is not enough.

Can a reasonable doubt come from missing evidence? Yes. A reasonable doubt may arise from evidence that was called, conflicts or weaknesses in that evidence, or the absence of evidence needed to prove an element.

Bodily harm means hurt or injury that interferes with a person’s health or comfort and is more than merely temporary or trivial. The definition is used in offences such as assault causing bodily harm.

See also: Assault Causing Bodily Harm

Booking is common U.S. wording for police intake after arrest. In Canada, people may instead talk about being processed by police, fingerprinted, photographed, released, or held for bail court.

A firm of no more than 20 lawyers offering legal services in a select or niche practice.

A breach means breaking a court order, release condition, probation condition, peace bond, or other legal requirement. A breach can lead to a new charge, arrest, stricter conditions, or other consequences.

Breathalyzer is common public wording for an alcohol breath-testing device. In Canadian law, the correct term may be approved screening device for a roadside screening test or approved instrument for evidentiary breath samples. The device and stage of testing determine which term applies.

See also: Impaired Driving

See also: Bribery (Domestic)·Bribery (Foreign)

Also known as the confrontation rule, this centuries' old rule states that where a lawyer is advancing a theory that contradicts the evidence of the witness being questioned, they should direct the attention of the witness to contradictory evidence.

Burden of proof means who is legally responsible for proving a fact or issue in court. In a criminal trial, the Crown bears the legal burden of proving every essential element of the offence beyond a reasonable doubt. The accused does not have to prove innocence.

How it works in practice. The accused may remain silent and call no evidence. A conviction is permitted only if the Crown's evidence proves the offence beyond a reasonable doubt. If the Crown does not meet that burden, the accused must be acquitted.

Some specific defences, exceptions, or statutory issues place a limited evidential or legal burden on the accused. Those exceptions do not transfer the Crown's general burden to prove the offence itself.

The law.

• The Charter protects the right to be presumed innocent until proven guilty according to law. (Canadian Charter of Rights and Freedoms, s. 11(d))
• The Supreme Court of Canada has confirmed that the presumption of innocence places on the Crown the burden of proving guilt beyond a reasonable doubt before the accused is required to respond. (Dubois v. The Queen, [1985] 2 S.C.R. 350)

Common questions.

Does the accused have to testify? No. The accused has the right to remain silent, and the Crown cannot fill a gap in its case merely because the accused did not testify.

Does the accused ever have to prove a specific issue? Sometimes. A limited burden may apply to a particular defence or statutory exception. That does not remove the Crown's obligation to prove every element of the offence beyond a reasonable doubt.

The leading professional association for lawyers, judges, notaries, law teachers and law students in Canada.

Part of the Canadian Constitution, the Charter sets out the rights and freedoms that all Canadians can enjoy and that are protected by the courts.

The program that oversees the licensing and registration of firearms and that maintains national firearm safety training standards.

A course providing beginner level knowledge on the responsibilities of possessing and using non-restricted firearms. Anyone applying for a Possession and Acquisition Licence must first complete this course.

Managed by the RCMP, this centre is the only national information-sharing system that links criminal justice and law enforcement partners across Canada and internationally.

The Canadian Legal Information Institute (CanLII) is a free database of legal decisions from various courts and tribunals across the country.

A product of plants belonging to genus Cannabis. The end product comes in many forms, including dried flowers and leaves, hash, extracts, oils and edibles.

See also: Cannabis

See also: Cannabis

Operating a conveyance (a motor vehicle, vessel, aircraft or railway equipment) without due care and attention or reasonable consideration for others.

See also: Careless Driving

Case management refers to court steps used to organize a case, identify issues, set timelines, and avoid unnecessary delay. The exact process varies by court and province.

See also: Causing a Disturbance

Chain of custody is the record showing how physical or digital evidence was collected, handled, stored, and transferred. It helps the court decide whether the evidence is authentic and reliable.

A charge is the formal allegation that a person committed a particular criminal offence. Being charged does not mean the person is guilty. The Crown must still prove the charge in court beyond a reasonable doubt, unless the person pleads guilty and the court accepts the plea.

Charges dropped is an informal phrase, not a precise Canadian court result. It may mean that a charge was withdrawn or stayed, resolved through diversion or a peace bond, or ended in an acquittal. A complainant usually does not personally control whether a criminal prosecution continues.

A Charter breach happens when the state violates a right protected by the Canadian Charter of Rights and Freedoms. In criminal cases, alleged breaches often involve detention, searches, police questioning, disclosure, delay, or trial fairness.

A Charter remedy is a court order made after a Charter breach is proven. In criminal cases, remedies can include excluding evidence, reducing a sentence, or stopping a case, depending on the right breached and the circumstances.

Visual, written or recorded material that shows or depicts someone under 18 engaged in sexual activity or shows their genitals. It can also be material or audio recordings that encourages or depicts sexual activity with those under 18.

See also: Child Sexual Abuse and Exploitation Material

Circumstantial evidence is evidence that supports a conclusion indirectly. The court must draw an inference from the facts. A criminal case can be proven with circumstantial evidence if the full evidence meets the required standard.

All aircraft other than those operated by the Canadian Forces, police forces or people engaged in the enforcement of the Customs Act, the Excise Act or the Excise Act, 2001.

Flights other than those operated by the Canadian Forces, police forces or people engaged in the enforcement of the Customs Act, the Excise Act or the Excise Act, 2001.

A defence to certain charges, it is the honest belief that an act is justifiable. In cases of theft, it refers to an honest belief or mistake regarding the ownership of property.

It means being party to an offence or failing to act when the person clearly should have known the act or omission was illegal.

Committal for trial means a judge has decided, after a preliminary inquiry, that there is enough evidence for the accused to stand trial on one or more charges.

A place that enables people to bet between themselves or with the keeper, or a place that receives, registers or pays bets.

The common law is law that not written down as legislation but instead evolves from past judicial decisions. It adapts to changing circumstances because judges can announce new legal doctrines or change old ones.

Common law is a system of precedent-based rules not written down as legislation that guides judges in making later decisions in similar cases.

A community impact statement explains how an offence affected a community. It may be considered by the court at sentencing in appropriate cases.

A complainant is the person who alleges that an offence was committed against them. In court, the complainant may be a key witness for the Crown. The word does not mean the accused is guilty.

A concealed weapon is any object that can be used to cause harm to others that is hidden from view.

See also: Carrying Concealed Weapon

Concurrent sentences are sentences served at the same time. If two sentences are concurrent, the total time is usually the length of the longest sentence, not the two sentences added together.

A conditional discharge means the court finds a person guilty but does not enter a conviction, instead discharging them on the conditions in a probation order. By law, they are treated as though never convicted of the offence.

How it works in practice. It is ordered at sentencing when a discharge suits both the accused and the public interest. It is not final: a later conviction while on probation can still lead to a conviction for the original offence.

The law.

• A person discharged this way is deemed by law not to have been convicted of the offence. (Criminal Code, s. 730(3))
• A further conviction while bound by the probation order lets the court revoke the discharge and convict the person of the original offence. (Criminal Code, s. 730(4))

Common questions.

Will a conditional discharge show up on a background check? It is not a conviction, but a record can exist for a time. The RCMP must purge it from its system three years after the discharge is ordered, under the Criminal Records Act.

See also: Types of Sentences

A conditional sentence is a jail term of less than two years that a person serves in the community, under strict court-ordered conditions, instead of behind bars. It is sometimes called house arrest. Courts can only impose one where the Criminal Code's conditions are met.

How it works in practice. Typical conditions include a curfew, staying home except for work or medical appointments, no contact with certain people, and no alcohol or drugs. The exact rules are set by the judge and depend on the offence.

The law.

• Only available for a jail term of less than two years, and only if the offence and circumstances meet the Criminal Code's conditions. (Criminal Code, s. 742.1)

Common questions.

Does breaking a condition send you straight to jail? Not automatically. The court holds a hearing first. If the breach is proven, the judge can take no action, change the conditions, order some jail time and then let the conditional sentence resume, or end the order so the rest is served in jail.

See also: Types of Sentences

A confession is a statement where a person admits involvement in an offence. In criminal court, the Crown may need to prove that a confession to a person in authority was voluntary before it can be used.

Consecutive sentences are sentences served one after another. This means the sentence lengths are added together, subject to sentencing rules and totality principles.

The voluntary agreement of the complainant to engage in the sexual activity in question.

Money, drugs, alcohol or any other form of payment in exchange for sexual services.

Conspiracy is an agreement between two or more people to commit an offence. The agreement itself can be criminal even if the planned offence is not completed.

See also: Conspiracy

The Controlled Drugs and Substances Act sets the rules about unlawful drugs in Canada and defines "schedules" or categories based on their perceived personal and public safety dangers. It also set out the punishment for individuals who engage in the possession, trafficking, and production of those drugs.

See also: What is the Controlled Drugs and Substances Act?

Any type of drug that the federal government has categorized as having a higher-than-average potential for abuse or addiction. Its manufacture, possession or use is regulated by the government through the Controlled Drugs and Substances Act.

See also: What is the Controlled Drugs and Substances Act?

A conviction is a formal finding of guilt entered by the court, either after a guilty plea or after a trial. A conviction can become part of a person's criminal record.

A label, sticker, emblem or other symbol that is identical with or substantially indistinguishable from a genuine mark or designation and is often used to falsely show that a product has met a certain standard.

Creating, passing and/or possessing counterfeit banknotes or coins as if they were genuine

See also: Counterfeiting Currency

A court clerk is a court staff member who helps manage the courtroom, records appearances, handles exhibits and documents, and supports the judge or justice during proceedings.

Credibility is about whether a witness is believed. Courts assess credibility by looking at the evidence as a whole, including consistency, plausibility, memory, bias, and how the testimony fits with other evidence.

The Criminal Code is a federal statute that defines and sets out punishments for most of the criminal offences that the Parliament of Canada has enacted.

See also: What is the Criminal Code?

It is conduct that is psychologically harmful to others, including stalking. It causes people to reasonably fear for their safety and may be a precursor to subsequent violent and/or lethal acts.

See also: Criminal Harassment

Criminal negligence is a serious form of unlawful carelessness. It involves conduct that shows a wanton or reckless disregard for the lives or safety of other people. It is more serious than ordinary negligence.

A criminal offence is conduct prohibited by federal criminal law and capable of leading to prosecution. Criminal offences appear in the Criminal Code and other federal statutes. Provinces and territories administer most criminal courts and prosecutions, but they do not create Criminal Code offences.

Criminal offense is the common U.S. spelling. In Canadian legal writing, the usual spelling is criminal offence. It means conduct that is prohibited by criminal law and can lead to prosecution.

An annual percentage rate of interest calculated in accordance with generally accepted actuarial practices and principles that exceeds 35 per cent on the credit advanced (the criminal rate since January 1, 2025; previously an effective annual rate over 60 percent).

See also: Criminal Interest Rate

A criminal record is an official record of a person's criminal convictions. It can affect employment, volunteering, travel, immigration, licensing, and other areas of life.

See also: Living With a Criminal Record

See also: Testifying in a Trial

Crown election is the Crown prosecutor's choice about whether a hybrid offence will proceed as a summary conviction matter or by indictment. This choice can affect the seriousness of the procedure and the possible sentencing range.

A Crown pre-trial is a meeting or discussion, often between defence and Crown, about issues in a criminal case. It may address disclosure, resolution, witnesses, trial estimates, or next steps. Practice varies by province.

A Crown prosecutor is a lawyer who conducts a criminal prosecution on behalf of the public. The Crown’s role is to present the case fairly, exercise independent judgment, and act in the public interest. The Crown’s role is not simply to obtain a conviction.

Murder, manslaughter or infanticide where the death was caused by an intentional act or criminal negligence.

See also: Homicide

A custodial sentence is a sentence served in custody. In Canada, sentences of less than two years are usually served in a provincial jail, while sentences of two years or more are usually served in a federal penitentiary.

The use of online technologies to harass and intimidate others. Although not officially in the Code, some cyberbullying actions may constitute criminal harassment, uttering threats or intimidation.

See also: Cyberbullying

Operating a conveyance – such as an automobile, boat or train – in a manner that endangers the public.

See also: Dangerous Driving

A person may be found to be a dangerous offender if they are convicted of a serious personal injury offence and the court considered them a threat to the life, safety or physical or mental well-being of others. They can also be designated as such if they show they cannot restrain their behaviour or are indifferent to the foreseeable consequences other people will suffer due to their actions. If the court finds an offender to be a dangerous offender, it will impose a sentence of detention in a penitentiary for an indeterminate period.

The act of eliminating waste materials from the digestive tract. If that is done in a public place a person may be charged for committing an indecent act.

A defence is a legal answer to a criminal charge. Some defences deny that the Crown has proven an element of the offence. Others excuse or justify conduct in specific circumstances. Whether a defence applies depends on the facts and the law.

See also: Defences

A criminal defence lawyer protects the rights of defendants and helps them build a defence that aims to have them acquitted. They ensure the accused's rights are protected throughout the judicial process.

A defence lawyer represents a person accused of a criminal offence. Their role is to protect the accused person's rights, give legal advice, and defend the case according to the client's instructions and the law.

Defence of property may apply where a person acts to protect property from being taken, damaged, or trespassed on, if the legal requirements are met. It is not a general permission to use any amount of force.

See also: Defences

In criminal cases, defendant is often used as another word for the accused. In Canada, “accused” is the more common criminal-law term.

Defense attorney is common U.S. wording. In Canada, the usual term is defence lawyer, criminal defence lawyer, or defence counsel.

Demerit points are given to drivers if they are convicted of breaking the law while driving. Once they reach a certain level, drivers can temporarily lose their driver’s licence.

Detention happens when police or another state authority hold a person or significantly restrict their freedom to leave, even if the person has not been formally arrested. A detained person has Charter rights, including the right to know the reason for the detention and the right to speak to a lawyer.

Direct evidence is evidence that proves a fact directly if the court accepts it. For example, a witness saying they saw an event happen is direct evidence of what they say they saw.

A direct indictment is a special procedure that can send an accused directly to trial by indictment, without the usual preliminary inquiry step or after a discharge at preliminary inquiry. It is used only in specific circumstances.

Disclosure is the relevant, non-privileged information in the Crown's possession or control that must be provided to an accused person or defence counsel. It can include police notes, witness statements, recordings, photographs, expert reports, and information that may assist either the prosecution or the defence.

How it works in practice. Disclosure allows the accused to know the case they must meet and to make informed decisions about the defence. It usually begins after charges are laid and is an ongoing obligation: additional relevant information must be disclosed if it later comes into the Crown's possession or control.

Not every record a person wants is governed by the ordinary Crown-disclosure process. Privileged information, clearly irrelevant material, and records held by third parties may be subject to different rules.

The law.

• The Crown's duty to disclose relevant, non-privileged information in its possession to the defence was established by the Supreme Court of Canada in R. v. Stinchcombe, [1991] 3 S.C.R. 326.

Common questions.

Does disclosure include information that helps the defence? Yes. The duty is not limited to material the Crown plans to use. Relevant information that may assist the accused must also be disclosed, subject to lawful privilege and other recognized limits.

Is disclosure a one-time package? Not necessarily. The obligation continues, so new relevant information must be disclosed as the case develops.

Can the defence automatically obtain records held by anyone? No. Records held by third parties can be governed by separate production procedures and privacy protections.

See also: Crown Disclosure

Dismissed charges is a broad phrase people use when charges end. In Canadian criminal law, the precise result matters: an acquittal, withdrawal, stay, or dismissal for a legal reason may have different meanings.

District attorney, or DA, is a U.S. term. In Canada, the lawyer who prosecutes criminal cases is usually called a Crown prosecutor, Crown counsel, or simply the Crown.

Diversion is a way of resolving some criminal matters outside the usual trial process. It may involve counselling, community work, restitution, apology, treatment, or other steps. If completed, the charge may be withdrawn or otherwise resolved without a conviction.

A DNA order requires a person convicted or discharged of certain offences to provide a DNA sample for the national DNA data bank. Whether it is mandatory or discretionary depends on the offence.

Docket court usually refers to a court sitting that handles many short criminal appearances, such as first appearances, adjournments, elections, pleas, or scheduling. The term varies by province and courthouse.

Doctor shopping, also known as double doctoring, involves obtaining controlled substances from multiple health-care practitioners without the prescriber’s knowledge of other prescriptions.

Violence within the home involving the abuse of a spouse or partner. Domestic violence can include assault, sexual assault, kidnapping and homicide.

See also: Domestic Violence

Double jeopardy is the principle that a person should not be tried or punished again for an offence after they have already been finally acquitted or convicted of that offence, subject to the specific rules that apply.

The Drug Recognition Expert (DRE) is a 12-step procedure police use to evaluate those suspected of impairment. If the DRE determines that the person is impaired, the DRE will indicate what category or categories of drugs may have contributed to that impairment. 

Any part of a cannabis plant that has been subjected to a drying process, other than seeds.

See also: Cannabis

A driving prohibition is a court order that bans a person from driving for a set period. It may be imposed after certain driving-related criminal offences, especially impaired-driving offences.

Dropping charges is informal wording. In Canada, the precise result may be withdrawal, a Crown stay, diversion, a peace-bond resolution, or an acquittal. A complainant usually cannot personally require the Crown to end a prosecution.

DUI means driving under the influence and is common U.S. wording. In Canada, the usual criminal-law term is impaired driving, though people may still search for DUI when looking for Canadian information.

See also: Impaired Driving

Duress is a defence that may apply when a person commits an offence because of threats of serious harm, if the legal requirements are met. The defence is complex and does not apply to every offence or situation.

Duty counsel is a lawyer who provides limited legal help at court, often through legal aid. Duty counsel may assist with bail, first appearances, guilty pleas, or basic advice, but usually does not replace having a full defence lawyer.

DWI means driving while impaired or intoxicated and is common U.S. wording. In Canada, the usual criminal-law term is impaired driving.

See also: Impaired Driving

Commonly known as Molly, it is a synthetic drug known primarily for its hallucinogenic and stimulant effects. It can impart feelings of increased energy, pleasure, emotional warmth, and distorted sensory and time perception. 

See also: Ecstasy

There is no specific charge in the Criminal Code but offences could include physical, sexual, financial and emotional abuse. Elder abuse can happen in a relationship of trust or with any general mistreatment of those 65 and older.

See also: Elder Abuse

In some criminal cases, election refers to a choice about the mode of trial, such as trial in provincial court, or trial in a superior court with or without a jury. The available choices depend on the offence and the Criminal Code.

To win a conviction, the Crown must prove two elements: that there was prohibited conduct (actus rea) and that the accused was aware they were acting illegally (mens rea).

An interest or right to a property by someone who is not the homeowner. This will adversely affects a real property's use and value.

Evidence is information presented in court to prove or disprove facts. It can include witness testimony, documents, photos, videos, physical objects, expert opinions, and other material the court allows.

See also: Presenting Evidence

Examination-in-chief is the first questioning of a witness by the lawyer or party who called that witness. It is usually followed by cross-examination by the other side.

The paper used to print government-issued currency. People who fraudulently make their own currency can be charged with forgery.

Exclusion of evidence means the court does not allow certain evidence to be used in a hearing or trial. Evidence may be excluded under ordinary evidence rules or, under section 24(2) of the Charter, where it was obtained through a Charter breach and admitting it would bring the administration of justice into disrepute.

An exhibit is an object, document, photo, video, or other item formally marked and entered as evidence in a court proceeding. Once admitted, the court can consider it as part of the evidence.

To eject from the throat or lungs by coughing, hawking or spitting. Though not usually consider a federal crime, expectoration during a pandemic may be considered a form of assault.

An expert witness is a person with specialized knowledge, training, or experience who may be allowed to give opinion evidence. The court must decide whether the expert evidence is admissible.

Expungement is often used to mean erasing or clearing a criminal record. In Canada, the usual process for most convictions is a record suspension, not expungement. True expungement exists only in specific legal contexts.

The act of using violence, threats, intimidation or pressure to force someone to hand over money or something else of value, without any legal excuse or justification.

See also: Extortion

See also: Youth Criminal Justice

Extrajudicial sanctions are a formal type of youth justice measure under the Youth Criminal Justice Act. They may be used when a warning, caution, or referral would not adequately deal with the case. The young person must freely consent after being told about the sanction and their right to counsel, and must accept responsibility for the conduct. The sanction may include conditions the young person must complete.

See also: Youth Criminal Justice

The act of introducing false information into judicial proceeding with the intent to mislead.

See also: Fabricating Evidence

The act of participating, faciitating or instructing a terrorist act, or to harbour those engaged in such an activity. It does not matter if any terrorist activity was actually carried out.

See also: Facilitating Terrorist Activity

The facilitation an offence does not require knowledge of a particular offence, or that it was actually committed.

Failure to comply means not following a legal requirement, such as a release order, undertaking, probation order, or other court condition. It is often charged separately from the original offence.

See also: Failure to Comply with a Probation Order

Disobeying or ignoring conditions set out in a court order without reasonable excuse.

See also: Failure to Comply with a Probation Order

Felony is a U.S. criminal-law term. Canada does not classify offences as felonies and misdemeanors. The closest Canadian term is usually indictable offence, which generally means a more serious type of criminal offence.

Directly or indirectly providing or collecting property or money that is intended to be used in a terrorist act.

See also: Financing of Terrorism

A fine is an amount of money the court orders an offender to pay as part of a sentence. Fines are different from restitution, victim surcharges, and civil damages.

The Firearms Act is legislation governing various aspects of gun ownership in Canada, including their sale, storage and use. It lays out prohibitions and restrictions on various types of firearms and outlines the requirements for the licensing and registration of firearms in Canada. 

See also: What is the Firearms Act?

A first appearance is usually the first court date after a person is charged. It is often used to confirm disclosure, address release conditions, choose next steps, or set another date. It is usually not the trial.

See also: First Appearance

“First offence” is a technical sentencing term whose meaning depends on the particular law being applied. It does not necessarily mean the person has no criminal record, has never been charged, or has never previously been found guilty. The question is usually whether the person has an earlier conviction that the specific penalty provision says must be counted.

How it works in practice. A first charge means an allegation has formally been brought before the court. Nothing has yet been proven, and the case may be withdrawn, stayed, dismissed, or end in an acquittal. A first conviction means the court has entered a conviction after a guilty plea or finding of guilt. A finding of guilt and a conviction are not always the same thing: an absolute or conditional discharge follows a finding of guilt, but the Criminal Code generally deems the person not to have been convicted.

Where penalties increase for repeat offences, the court determines the offence count under the rules of the particular provision when sentence is imposed. The prosecutor must generally notify the person before the plea if a higher punishment will be sought because of previous convictions. The court must then confirm those convictions, receiving evidence if they are not admitted.

The law.

• For impaired operation and refusal to comply, the ordinary minimum punishment is a $1,000 fine for a first offence, 30 days’ imprisonment for a second offence, and 120 days for each subsequent offence. For a first offence involving a blood alcohol concentration of 120 to under 160 mg/100 mL, the minimum fine is $1,500; at 160 mg/100 mL or more, it is $2,000. The first-offence minimum for refusal is also $2,000. (Criminal Code, s. 320.19(1), (3)-(4))
• For that offence-counting scheme, an earlier conviction under impaired-operation, causing-bodily-harm or causing-death provisions, or refusal-to-comply provisions can count even though the offence has a different name. Convictions under the former impaired-driving provisions in ss. 253, 254 and 255 can also count. (Criminal Code, s. 320.26)
• Before a greater punishment is imposed because of previous convictions, the prosecutor must generally give notice before the person pleads. If the person does not admit the previous convictions, the prosecutor may prove them with evidence. Statutory exceptions apply to proceedings covered by s. 727(3) and (4). (Criminal Code, s. 727(1)-(4))
• Section 320.26 counts offences for which the person was previously convicted. A discharge generally does not count as a previous conviction because s. 730(3) deems the person not to have been convicted. If a conditional discharge is later revoked and a conviction is entered under s. 730(4), the resulting conviction may then be relevant under the applicable offence-counting provision. (Criminal Code, ss. 320.26 and 730(3)-(4))

Common questions.

If I have never been charged before, is a new charge automatically my first offence? Not necessarily in the technical sense used by an escalating-penalty provision. The law may count a related earlier conviction under a differently named offence or an older version of the Criminal Code.

Can a conviction for a different-sounding offence count? Yes, where the offence-counting provision says it does. For example, the impaired-operation and refusal-to-comply offences share an offence-counting system, and convictions under the former impaired-driving provisions may also count.

Does a discharge count as a previous conviction? Generally not where the provision expressly requires a previous conviction, because a person who receives a discharge is deemed not to have been convicted. A conditional discharge that is later revoked and replaced by a conviction may be different.

How do I know which earlier offences count? Check the penalty and previous-conviction provisions for the specific charge, together with the current offence page. Different offences use different rules, and those rules can change.

Flunitrazepam is a benzodiazepine, or central nervous system depressants sometimes referred to as date rape drugs. There are 34 benzodiazepines listed in Schedule IV of the Controlled Drugs and Substances Act.

Unjustly holding anyone against their will through the use of threats, duress, force or the exhibition of force.

See also: Forcible Confinement

Can include a person who holds a legislative, administrative or judicial position of a foreign jurisdiction. The Corruption of Foreign Public Officials Act makes is a crime to bribe them.

Every jury member picks a foreperson, who records the verdict on a verdict sheet and notifies the court services officer. Once back in court, the foreperson stands to announce the verdict to the court.

The act of producing a copy of a document, signature, banknote, or other item for financial or legal gain. It also includes altering a genuine document in any way, such as changing a date or adding a seal.

See also: Forgery

A full service law firm is one that has lawyers on staff or on contract who practise a variety of specialties that together should be able to adequately serve all of the core legal needs of a particular type of client. These firms usually may have multiple locations across the country.

Game of chance or a mixture of chance and skill are considered illegal lotteries unless no consideration is paid to enter, play or win a prize.

General intent usually means the basic intent to do the prohibited act. The distinction between general and specific intent can be legally complex and depends on the offence.

Gladue principles require courts to consider the circumstances of Indigenous offenders at sentencing, including systemic and background factors, and to consider reasonable alternatives to jail where appropriate. They do not guarantee a particular sentence.

See also: Gladue Rights

A Gladue report is a specialized report that gives the court information about an Indigenous offender's background, community, systemic factors, and possible sentencing options. It helps the court apply Gladue principles.

See also: Gladue Rights

Grand jury is a U.S. procedure in which citizens may decide whether charges should proceed. Ordinary Canadian criminal prosecutions do not use grand juries. Canadian cases instead begin through processes such as an Information and may later proceed on an indictment. A Canadian indictment is a charging document, not a grand-jury decision.

A guilty plea is a formal admission in court that the accused committed the offence. The court must be satisfied that the plea is voluntary, informed, and supported by facts that amount to the offence.

Habeas corpus is a legal process used to challenge whether a person is being lawfully detained. In criminal law, it is connected to the right to have detention reviewed and to be released if the detention is not lawful.

It is defined in the Criminal Code as failure to stop at scene of accident, and applies to any automobile, vessel or aircraft that is involved in an accident with a person or a conveyance or any type.

See also: Hit and Run

When a person causes the death of another or intentionally inflicts bodily harm they know is likely to cause death and they are not acting in the course of self-defence.

See also: Homicide

When a jury is unable to reach a unanimous verdict in a criminal case. The judge may send the jury back for more consideration, but if a unanimous verdict cannot be reached, a mistrial will be declared and the case may be retried before a new jury.

A hybrid offence is an offence that the Crown can prosecute in either of two ways: by summary conviction or by indictment. The Crown prosecutor — not the accused — makes that choice, which is called the Crown's election. Until the Crown elects to proceed summarily, the law treats the offence as indictable.

How it works in practice. Many Criminal Code offences are hybrid. The Crown's election can affect the court process, available trial options, limitation periods, and the maximum possible sentence.

For example, a lower-value theft charge may be prosecuted summarily, using the summary conviction process and its lower penalty ceiling. More serious circumstances may lead the Crown to proceed by indictment, which can involve a more formal process and a higher maximum sentence. The fact that an offence is hybrid does not, by itself, decide how serious a particular case is.

The law.

• Where an enactment permits an offence to be prosecuted by indictment, the offence is deemed indictable. The Supreme Court of Canada has explained that a hybrid offence remains indictable unless and until the Crown elects to proceed summarily. (Interpretation Act, s. 34(1)(a); R. v. Dudley, 2009 SCC 58 at para. 21)
• When a hybrid offence is prosecuted summarily and its own provision sets no separate punishment, the general maximum is a $5,000 fine, imprisonment for two years less a day, or both. (Criminal Code, s. 787(1))

Common questions.

Who decides whether a hybrid offence proceeds summarily or by indictment? The Crown prosecutor decides. The defence may make submissions, but the election belongs to the Crown.

Does a hybrid charge automatically mean the case is serious? No. Hybrid classification means the Crown has a choice of procedure. The facts, the accused's circumstances, and the applicable law determine how the case is handled.

See also: Summary vs Indictable

See also: Identity Theft and Fraud

Obtaining or possessing someone else’s identity information with the intention to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

See also: Identity Theft and Fraud

The disposal of unwanted items generated at one location and disposed of at another location without legal permission, usually done to avoid paying disposal fees.

See also: Illegal Dumping

Cannabis sold, produced or distributed by a person prohibited from doing so under the Cannabis Act.

See also: Cannabis

A sham marriage entered into for the purpose of gaining immigration status to Canada.

See also: Immigration Marriage Fraud

A written statement from a victim describing the physical or emotional harm, property damage or economic loss caused by an offence has suffered. These statements gives victims of crime a voice in the criminal justice system, as the Court must take these statements into account when an offender is sentenced.

Operating a vessel under the influence of drugs, alcohol or both. The same laws about impairment apply to people driving a boat as those driving an automobile.

See also: Impaired Boating

Impaired driving means operating a motor vehicle, vessel, aircraft, railway equipment, or other conveyance while the person's ability is impaired by alcohol, a drug, or both. It is separate from being over a legal concentration limit.

See also: Impaired Driving·Impaired Driving by Province

Being impaired means that the driver’s ability to operate a motor vehicle was altered due to alcohol or drug consumption. Having the prohibited level of alcohol, THC, or other impairing drugs in your blood within two hours of driving is an offence.

An aircraft is deemed to be in flight from the time all external doors are closed following embarkation until the time at which any external door is opened for the purpose of deplaning.

An included offence is a lesser offence that is legally contained within the offence charged. In some cases, an accused may be convicted of an included offence instead of the main charge.

See also: Nudity and Indecent Exposure

An indictable offence is Canada's more serious category of criminal charge. It generally covers conduct the law treats as more serious than a summary conviction offence, and it can carry a higher maximum penalty and more formal court steps. Some charges can be prosecuted either way, depending on the circumstances.

How it works in practice. The word "indictable" usually comes up early in a case — on the charge itself, or when a lawyer explains what kind of process someone is facing. Being charged with an indictable offence generally means the case is treated as more serious, with a higher maximum penalty possible. For many indictable charges, the accused person also has a say in how the trial happens — called making an election — such as choosing a trial before a judge alone or before a judge and jury.

For example, imagine someone is charged with an offence and told it is being treated as indictable rather than summary. That one word changes what comes next — there may be extra steps, like choosing the type of trial, and a higher maximum sentence applies if the person is convicted. This does not mean a prison sentence is likely: courts look at the facts of each case, and many indictable cases end in outcomes other than jail.

The law.

• If the law creating an indictable offence does not set its own penalty, the Criminal Code sets a default maximum sentence of five years in prison. (Criminal Code, s. 743)
• For many indictable offences, the person charged has the right to elect, or choose, how the trial will proceed — including a trial before a judge alone or before a judge and jury. (Criminal Code, s. 536)

Common questions.

Does being charged with an indictable offence mean I'm going to prison? No. A charge is not a finding of guilt and does not decide the sentence. Many indictable charges do not lead to a prison sentence at all, and when one does, the actual sentence depends on the facts of the case and is usually well below the legal maximum.

What does it mean to "elect" how a trial will happen? For many indictable offences, the law lets the accused person choose how the trial proceeds — for example, before a judge alone, or before a judge sitting with a jury. This choice is called an election, and a lawyer can explain what the options mean for a specific case.

See also: Summary vs Indictable

An indictment is a formal written charge used when a criminal case proceeds by indictment, usually for more serious matters or matters being tried in a superior court. It is different from the U.S. idea of a grand-jury indictment.

An Indigenous courtworker provides information about legal rights and court processes, helps communication between Indigenous clients and justice personnel, and connects clients with legal, community, cultural, and other supports. Services and program scope vary by province and territory and are not available in every location.

See also: Gladue Rights

An Information is a sworn court document that sets out the charge or charges against an accused person in many criminal cases. It is one of the documents that starts the criminal court process.

The buying or selling of a publicly traded company's stock by someone who has non-public, material information about that stock.

Intent is a mental element for many criminal offences. It can mean that a person meant to do the act, meant to cause a result, or knew that a result was substantially certain, depending on the offence.

The aggregate of all charges and expenses – whether in the form of a fee, fine, penalty, commission or other similar charge or expense – paid or payable for the advancing of credit under an agreement or arrangement.

An intermittent sentence is a jail sentence served in separate periods, often on weekends, if the sentence length and circumstances allow it. The offender is usually on probation while not in custody.

See also: Types of Sentences

An interpreter translates spoken language in court so a participant can understand and participate. The right to an interpreter may apply where a person does not understand or speak the language used in the proceeding.

Inviting, counselling or inciting someone under 16 years of age to touch someone else's body of any person for a sexual purpose, directly or indirectly, with a part of the body or with an object.

Jail is a common word for a place where people are held in custody. In Canada, sentences under two years are usually served in a provincial correctional centre, while sentences of two years or more are usually served in a federal penitentiary.

A judge is the judicial officer who controls the court process, decides legal issues, and may decide guilt or sentence. In jury trials, the judge explains the law to the jury and makes legal rulings.

Judicial interim release — usually called bail — is a court decision about whether a person accused of an offence will be released or detained while the case continues. A judge or justice decides whether to release the person and what conditions, if any, are required. For most charges, release without conditions is the starting point and the Crown must justify conditions or detention. In specified reverse-onus situations, the accused must instead show why detention is not justified.

How it works in practice. Bail arises soon after arrest when police do not release the person directly. The accused must be brought before a justice without unreasonable delay and, where a justice is available, within 24 hours. The justice then decides whether to release the person, impose conditions, or order detention.

Release conditions can affect daily life until the case ends. They may include reporting to police, staying away from a person or place, surrendering a passport, or having a surety. The Criminal Code requires the court to use the least onerous form of release that is adequate in the circumstances.

The law.

• For most accused people, the starting point is a release order without conditions unless the prosecutor shows why conditions or detention are justified. The section also identifies situations where the accused bears the onus of showing why detention is not justified. (Criminal Code, s. 515(1), (6))
• When choosing among the forms of release in s. 515(2), the justice must not impose a more onerous form unless the prosecution shows why every less onerous form would be inadequate. (Criminal Code, s. 515(2.01))
• Detention may be ordered only on the statutory grounds of ensuring attendance in court, protecting public safety, or maintaining confidence in the administration of justice. (Criminal Code, s. 515(10))
• A person charged with an offence has the right not to be denied reasonable bail without just cause. (Canadian Charter of Rights and Freedoms, s. 11(e))
• If police do not release the person, they must bring them before a justice without unreasonable delay and, where a justice is available, within 24 hours. (Criminal Code, s. 503(1))

Common questions.

How quickly does a bail hearing happen? If police do not release the person, they must bring them before a justice without unreasonable delay and generally within 24 hours where a justice is available. If no justice is available, it must happen as soon as possible.

What conditions can come with bail? Conditions depend on the case and may include reporting, no contact, geographic restrictions, surrendering a passport, or a surety. Some accused people are released without conditions.

What happens if bail is denied? The accused remains in custody while the case continues, subject to available review procedures. Detention is a decision about the statutory bail grounds, not a finding of guilt.

See also: Bail Hearings

A judicial pre-trial is a meeting involving a judge, usually with Crown and defence, to discuss trial issues, resolution, scheduling, or case management. It is not the trial.

A jury is a group of members of the public who decide whether the accused is guilty or not guilty in some criminal trials. The judge explains the law, and the jury decides the facts.

See also: The Jury System

A guideline given by the judge to the jury about the law they will have to apply to the facts they have found to be true. The purpose of the instructions is to help the jury arrive at a verdict that follows the law of that jurisdiction.

A jury trial is a trial where a jury decides whether the accused is guilty or not guilty. The judge decides legal issues and instructs the jury on the law.

A justice of the peace is a judicial officer who may deal with warrants, Informations, bail hearings, and other early steps in the criminal process. Their role varies by province and court system.

Keep the peace is a common condition requiring a person to obey the law, behave peacefully, and not disturb the public peace. It commonly appears together with the requirement to be of good behaviour in peace bonds, probation orders, and other criminal-court orders.

The owner, occupier or manager of a place where betting occurs. It can also include anyone who assists or acts on behalf of an owner or occupier of a place, and those who appear to be acting on behalf of an owner or occupier of a place.

A synthetic substance used commonly at clubs and raves for its hallucinogenic effects.

The unlawful restraint. confinement or imprisonment of a person against their will. It also includes transporting them against their will or holding them for ransom.

See also: Child Kidnapping and Abduction·Kidnapping

A provincial or territorial organization that ensures that lawyers meet high standards of learning, competence and professional conduct.

Laying a charge means formally starting a prosecution, usually by laying an Information before a justice. Who makes or approves the charging decision varies across Canada: police lay charges in many jurisdictions, while Crown screening or approval is required in some. Crown counsel then decides whether and how the prosecution continues.

A question that prompts or encourages the desired answer. They are allowed in cross-examination but not in examination-in-chief.

See also: What is an Appeal?

Legal aid provides publicly funded legal help to people who qualify financially and legally. Legal aid rules, coverage, and application processes vary by province and territory.

See also: Qualifying for Legal Aid

A strategic argument mounted by a defence lawyer that attempts to challenge the validity and sufficiency of the prosecution's evidence.

See also: Defences

Lending money at an interest rate above the criminal rate — an annual percentage rate over 35% since January 1, 2025 (previously over 60%). Sometimes threats of harm or extortion are used to get repayment.

Lysergic acid diethylamide (LSD) is a hallucinogen known colloquially as acid. Its effects typically include intensified thoughts, emotions and sensory perception

See also: LSD

Taking mail before it is in the possession of the person it was intended for. It is considered a crime of opportunity that can be committed in a very short time frame with little to no risk of getting caught.

See also: Mail Theft·Theft

Injecting a substance directly into the bloodstream through a vein, which leads to an instant high but it is also the riskiest method to consume drugs in terms of overdosing.

Legislated sentencing floors where the minimum punishment is predetermined by law. 

November 17, 2022
Update: Bill C-5: *Many Mandatory Minimum Penalties Repealed.

Also known as ecstasy or Molly, it is a psychoactive synthetic drug used largely for recreational purposes. It alters mood and perception, producing feelings of increased energy, pleasure and emotional warmth.

A term for derivatives of the Cannabis plant that are used to ease symptoms caused by certain medical conditions. People  need a prescription from a doctor to obtain it.

See also: Medical Marijuana

Mens rea is Latin for "guilty mind" — the legal term for a person's state of mind when they did something, whether they meant it to happen or knowingly went ahead despite a real risk. Canadian criminal law generally expects the Crown to prove not just that someone did an act, but that they also had this guilty state of mind. Different offences call for different mental states, from meaning to cause a specific result to simply carrying on despite a known risk.

How it works in practice. Mens rea comes up throughout a case, and it often separates a genuine accident from a crime. Showing that something happened isn't enough on its own — the Crown also has to prove the person's state of mind beyond a reasonable doubt. Intent and recklessness are treated differently: intent means meaning to do the act or bring about a specific result; recklessness means carrying on despite knowing there was a real risk of that result.

For example, picture two people who each leave a coffee shop with an identical bag. Someone who picks up the wrong one by honest mistake has no guilty mind — they believed it was theirs. Someone who notices the bag isn't theirs but takes it anyway has the state of mind the law is looking for, even though the physical act looks the same from the outside.

The law.

• Mens rea itself comes from the courts, not one Criminal Code section. But Parliament sometimes spells out the required mental state directly in an offence's wording — murder, for example, requires intending to cause death, or intending to cause bodily harm known to be likely to cause death. (Criminal Code, s. 229)

Common questions.

Is it still a crime if I didn't mean for something bad to happen? It depends on the offence. Some require proof that a person meant a specific result; others only require proof that the person knew about a real risk and carried on anyway. If neither can be proven, that particular charge may not succeed.

Is mens rea the same thing as a motive? No. Motive is the reason someone did something — jealousy or money, for example — and it usually isn't something the Crown has to prove. Mens rea is the required state of mind for the offence itself, such as intent or recklessness. A motive can still count as evidence, but it isn't the same as proving mens rea.

LSD is initially produced in crystalline form, which can then be used to produce tablets known as microdots, or thin squares of gelatin called window panes.

Miranda rights is a U.S. legal term often heard on television. Canada does not use the same Miranda warning. The closest Canadian protections include the Charter right to be told the reason for arrest or detention, the right to counsel without delay, and the right to silence.

Misdemeanor is a U.S. criminal-law term. Canada does not classify offences as misdemeanors. The closest Canadian term is usually summary conviction offence, which generally means a less serious type of criminal offence.

Mistake of fact may matter where a person's honest mistaken belief about facts means the Crown cannot prove the required mental element of the offence. Whether it applies depends on the charge and the evidence.

A mistrial happens when a trial ends without a final verdict, often because of a serious procedural problem or a jury that cannot reach a verdict. A new trial may sometimes be ordered.

A mitigating factor is a fact about the offence or the person that can support a lighter sentence. Common examples are a guilty plea, genuine remorse, little or no earlier criminal record, and steps toward rehabilitation. How much weight it carries depends on the case.

How it works in practice. Mitigating factors come up at the sentencing hearing, after a guilty plea or a finding of guilt at trial. The defence explains why they matter, and the judge weighs them against any aggravating factors, which point the other way, before setting the sentence. For example, someone with no earlier record who pleads guilty and starts treatment before the hearing may receive a lighter sentence than someone without those circumstances.

The law.

• A judge must weigh any relevant mitigating circumstances about the offence or the offender when setting the sentence. (Criminal Code, s. 718.2(a))

Common questions.

Does pleading guilty guarantee a lighter sentence? No. It is one factor among several that a judge may weigh, alongside everything about the offence and the person.

See also: Sentencing Principles

A sport combining the fighting techniques of wrestling, boxing, kickboxing, judo and karate.

The process of concealing the origins of money obtained illegally by passing it through a complex sequence of banking or commercial transactions.

See also: Money Laundering·Money Laundering

It occurs when someone misrepresents, lies or exaggerates information to obtain a mortgage that would not have been granted if the truth had been told.

See also: Mortgage Fraud

Mugshot is informal U.S.-style wording for a police booking photo. In Canada, police may take photographs for identification in some criminal cases, but public access and publication rules are not the same as in many U.S. jurisdictions.

The National DNA Data Bank maintains a collection of more than half a million DNA profiles of criminal offenders. Maintained by the RCMP it links crime when there are no suspects and can determine if a serial offender is involved in an offence.

Necessity is a narrow defence that may apply where a person breaks the law to avoid a greater imminent harm and had no reasonable legal alternative. It is difficult to prove and depends heavily on the facts.

No contest, or nolo contendere, is a U.S. plea term. It is not a standard plea in Canadian criminal court. In Canada, the usual pleas are guilty or not guilty, with some special procedural situations handled differently.

A no-contact condition is a term in an order that tells a person not to contact a named person, directly or indirectly. It may apply through a release order, undertaking, peace bond, probation order, conditional sentence, or another criminal-court order.

See also: Restraining Orders & Peace Bonds

A no-contact order limits or prevents contact with a named person. In a criminal case, no-contact terms may be made by police or a court and may appear in an undertaking, release order, bail order, peace bond, probation order, conditional sentence, sentence, or another order.

See also: Restraining Orders & Peace Bonds

A no-go condition requires a person to stay away from a named address, business, school, neighbourhood, or other place. These conditions can be part of bail, probation, peace bonds, or other court orders.

This class includes any rifle or shotgun that is neither restricted nor prohibited. Most common long guns (rifles and shotguns) are non-restricted, but there are exceptions.

A not guilty plea means the accused does not admit the charge and the Crown must prove guilt beyond a reasonable doubt at trial. It does not necessarily mean the accused will testify or present evidence.

See also: Nudity and Indecent Exposure

Any image or publication that features an undue exploitation of sex or any one or more of the following subjects: crime, horror, cruelty and violence.

See also: Obscenity

An offence is a crime that breaks a particular law and requires a particular punishment, as dictated by the Criminal Code or other acts.

Officially induced error is a narrow defence that may apply when a person reasonably relies on wrong legal advice from an appropriate official after taking steps to find out the law. It is not enough to simply misunderstand the law.

Any alcohol where the seal has been broken. It is illegal to possess alcohol in an open container if you are in a private vehicle or a private boat.

Narcotic drug prepared from the dried latex of unripe pods of the opium poppy, containing alkaloids such as morphine, codeine and papaverine.

Oral fluid is a mixture of saliva and other materials found in the mouth that law enforcement officers check for indications of drug imprairment.

The Criminal Code defines organized crime as a group of three or more people whose purpose is the commission of one or more serious offences that would “likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group.” That is often through crimes such as gambling, prostitution or drug trafficking.

See also: Organized Crime and Gangs

Over 80 is common wording for having a blood-alcohol concentration at or above 80 milligrams of alcohol in 100 millilitres of blood within two hours after ceasing to operate a conveyance. It is legally distinct from impairment, although the charges may arise from the same incident.

See also: Impaired Driving

A Schedule I drug in the Controlled Drugs and Substances Act, Oxycodone is a potent opioid that can be useful when used judiciously for pain. However, it can cause physical dependence and addiction. 

See also: Oxycodone

Asking for money from people in a public place. The Criminal Code makes it an offence to impede or molest other persons in a public place.

A paralegal performs diverse legal tasks such as drafting and filing court documents, with their educational background and specific duties varying across Canadian provinces.

See also: The Role of Paralegals

Pardon is an older common term often used for a record suspension, but the terms are not identical in every legal context. For most ordinary applications to have a conviction record kept separate, the current process is a record suspension. Pardons can still exist in limited legal contexts.

See also: Pardons (Record Suspensions)

A court order that specifies who is the primary caregiver and when the other parent/guardian can see the child.

The Parliament of Canada is the federal legislature of Canada, comprising the monarch, the Senate and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will.

Parole is supervised release into the community before a prison sentence ends. A parole board decides whether to grant it and sets conditions to follow. Parole does not end the sentence; it is a supervised way of serving what remains.

How it works in practice. Parole usually becomes possible only after part of a sentence has been served in custody. A parole board reviews the case before deciding. If granted, common conditions include reporting regularly, staying away from certain people or places, or following a curfew.

The law.

• For most sentences, full parole is not available until a person has served one-third of the sentence or seven years, whichever is less. A different timeline applies to life sentences. (Corrections and Conditional Release Act, s. 120)

Common questions.

Does getting parole mean my sentence is over? No. A parole board grants it, not automatically, and the sentence is not finished. The person serves the rest of it in the community under conditions, and breaking one can mean a return to custody.

A party to an offence can include the person who commits the offence and people who aid, encourage, or assist in it. A person can be found guilty as a party even if someone else carried out the main act.

A peace bond is a court order that requires a person to keep the peace and follow specific conditions for a set period. Signing one is not a criminal conviction and does not involve admitting guilt. Courts can order one when someone has reasonable grounds to fear injury, property damage, or certain other offences.

How it works in practice. A peace bond can start on its own, with no criminal charge ever laid: someone who fears being hurt or having their property damaged can ask a court for one directly. It is also commonly used to resolve an existing charge, where the Crown agrees to withdraw it if the accused agrees to sign the peace bond instead of going to trial.

For the person asked to sign, it means agreeing to conditions such as no contact with a named person, staying away from a place, or not possessing weapons, for a set period, without being found guilty of anything. For example, two neighbours in an ongoing dispute over a damaged fence could settle it with a peace bond keeping one away from the other, instead of matters escalating further.

The law.

• Someone with reasonable grounds to fear injury, property damage, or certain other offences can ask a court for a peace bond, without any criminal charge. (Criminal Code, s. 810(1))
• If satisfied the fear is reasonable, the court can order the person to sign a recognizance (a formal promise) to keep the peace, for up to 12 months. (Criminal Code, s. 810(3))
• Refusing to sign the recognizance can lead to custody for up to 12 months. (Criminal Code, s. 810(3.01))
• Breaching a peace bond's conditions is a separate offence, prosecuted either by indictment (maximum 4 years) or as a less serious summary conviction matter. (Criminal Code, s. 811)

Common questions.

Does agreeing to a peace bond give me a criminal record? No. A peace bond is not a criminal conviction and involves no finding of guilt. Agreeing to one does not, by itself, create a criminal record the way a conviction does.

What happens if I don't want to sign the recognizance? The court can still make the order if satisfied the fear is reasonable. Refusing to sign can lead to custody for up to 12 months instead.

What happens if the conditions of a peace bond are broken? Breaching a peace bond's conditions is its own separate offence, not just a technical slip. It can lead to a new charge, prosecuted by indictment (maximum 4 years) or as a less serious summary conviction matter.

See also: Restraining Orders & Peace Bonds

A peace office can be a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer, justice of the peace, prison warden or a police officer.  It can also be a pilot in charge of an aircraft when it is in flight.

Lying to court or to police under oath or solemn affirmation, knowing the statement is false.

See also: Perjury

Someone who is given permanent resident status in Canada but who is not a Canadian citizen, as they are still citizens of another country. They enjoy many of the same benefits of Canadian citizens, however they must maintain their status by meeting certain requirements such as the residency obligation.

Considered to be about 19 days a school year depending on the province or territory.

 An illegal hallucinogen better known as PCP or angel dust. A Schedule I drug in the Controlled Drugs and Substances Act.

A plea is how an accused person formally answers a criminal charge in court. The Criminal Code allows only two ordinary pleas, guilty or not guilty, plus a few special pleas for rare situations. A guilty plea is a formal admission of the offence, while a not-guilty plea means the Crown must prove the case at trial.

How it works in practice. A plea is usually entered early in the court process, often at arraignment, though the accused can ask for time to decide first. A guilty plea is not automatic: before accepting it, the judge must be satisfied the accused is pleading voluntarily and understands what the plea means and involves.

The law.

• The Criminal Code allows an accused to plead guilty, not guilty, or a special plea, and requires a court to be satisfied a guilty plea is voluntary and informed before accepting it. (Criminal Code, s. 606(1)-(1.1))

See also: Plea Options

Plea bargain is a common phrase, especially from U.S. media. In Canada, people usually refer to resolution discussions, a joint submission, or a negotiated guilty plea. Any guilty plea still has to be accepted by the court.

Plea bargaining is the negotiation between the prosecution and the defence whereby the defendant pleads guilty to a lesser offence.

In criminal law, possession means having knowledge and control of something. It does not only mean physically holding an item — it can include an item kept somewhere else, or in someone else's keeping for your use or benefit, that you know about and have control over.

See also: Drug Possession·Possession of Property Obtained by Crime

The document needed to posses a firearm even if you never use it. It is renewable every five years and as a general rule, applicants must have passed the Canadian Firearms Safety Course.

You can face this charge if you own or control items obtained by crime or that you should have known were illegally obtained.

See also: Possession of Property Obtained by Crime

A legal document giving one person, or more than one person, the authority to manage your money and property on your behalf. In most of Canada the person you appoint is called an “attorney.” That person does not need to be a lawyer.

A pre-sentence report is usually prepared by a probation officer. It gives the court background information about the offender, their circumstances, and sometimes their risk, needs, and suitability for community-based sentences.

The concept that judges must follow the previous rulings of other judges in higher courts in their province or territory and the Supreme Court of Canada on the same issue.

A hearing held in provincial court to determine if a case involving an indictable offence that carries a prison sentence of 14 years or more should proceed to trial.

A preliminary inquiry is a hearing available in certain indictable cases where the offence is punishable by 14 years or more and a party requests the hearing as the Criminal Code permits. A judge decides whether there is enough evidence to send the accused to trial. It is not available in every case and is not the trial itself.

See also: Preliminary Inquiry

Pressing charges is an informal phrase people use when they report an offence or want someone charged. A complainant does not personally control most criminal prosecutions. Who lays or approves a charge varies across Canada: police make that decision in many jurisdictions, while Crown approval is required in some.

The presumption of innocence means a person charged with an offence is treated as innocent unless the Crown proves guilt beyond a reasonable doubt. It is a core principle of Canadian criminal law and is protected by the Charter.

Prison is a common word for custody. In Canada, the more precise term may be provincial jail, remand centre, correctional centre, or federal penitentiary, depending on whether the person is awaiting trial or serving a sentence and how long the sentence is.

The intent of a private bill is to confer special powers or benefits upon one or more persons or body of persons, or to exclude one or more persons or body of persons from the general application of the law.

See also: Prize Fights

Probable cause is a U.S. legal term. In Canada, police powers often use terms such as reasonable grounds, reasonable grounds to believe, or reasonable suspicion, depending on the power being used.

Probation is a court order requiring a person to follow conditions in the community for a set period. It may be imposed after a conviction as part of a suspended sentence, added to a fine or a jail sentence of two years or less, or attached to a conditional discharge.

How it works in practice. A probation order is made at sentencing or when the court grants a conditional discharge. Every order includes basic requirements such as keeping the peace, attending court when required, and reporting changes of name, address, employment, or occupation as directed by the Criminal Code.

A judge may add conditions suited to the case, such as reporting to a probation officer, attending treatment, performing community service, or staying away from a person or place. Failing to comply with a probation condition without a reasonable excuse is a separate criminal offence.

The law.

• A court may suspend passing sentence and impose probation where no minimum punishment applies, or add probation to a fine or a term of imprisonment not exceeding two years. A probation order may also accompany a conditional discharge. (Criminal Code, ss. 731, 731(2))
• Every probation order contains compulsory conditions, and the court may add authorized optional conditions. (Criminal Code, s. 732.1)
• Failing to comply with a probation order without reasonable excuse is a separate offence carrying a maximum of four years if prosecuted by indictment. (Criminal Code, s. 733.1)

Common questions.

Does probation mean there is a criminal conviction? Often, but not always. Probation may follow a conviction, or it may be imposed with a conditional discharge, where no conviction is registered unless the discharge is later revoked.

What happens if a probation condition is broken? Failing to comply without a reasonable excuse can lead to a separate breach-of-probation charge. The original probation order may also continue to operate.

See also: Failure to Comply with a Probation Order·Types of Sentences

A probation order sets the conditions an offender must follow during probation. Breaking a probation order can lead to a new criminal charge for breach of probation.

See also: Failure to Comply with a Probation Order·Types of Sentences

A production order is a court order that requires a person or organization to produce documents, records, or data for an investigation. It is often used for records held by companies, service providers, or institutions.

A prohibited firearm is a specific legal category of firearm under Canadian law. It is different from a restricted or non-restricted firearm. The classification can affect whether a person may possess it, how it must be stored or transferred, and what criminal offences may apply.

Prohibited weapons in Canada include: handguns with barrels equal to or less than 105 mm in length; handguns designed or adapted to discharge a 25 or 32 calibre cartridge; firearms adapted from a rifle or shotgun that are less than 660 mm in length or that have a barrel less than 457 mm in length; automatic firearms, whether or not altered to discharge only one projectile with one pressure of the trigger; and firearms prescribed to be prohibited firearms.

Promise to appear is older Canadian criminal-procedure wording for a document requiring an accused person to attend court. The Criminal Code provisions using it as a current police-release instrument were repealed in 2019. Current federal terminology generally uses an appearance notice, undertaking, summons, or release order, depending on the situation.

A transaction that involves both the purchase and the sale of sexual services, with only the purchase being illegal. It is also illegal to live on the material benefits of someone else's sex work.

Protection order is a broad term for a court or statutory order intended to protect a person from contact, harm, harassment, or attendance at specified places. Depending on the province and context, it may mean a family-law or civil protection order. Criminal proceedings more often use no-contact terms in an undertaking or release order, probation conditions, or a peace bond.

A public bill deal with matters of national interest and can be initiated by a Cabinet minister, which is then referred to as a “government bill." A individual MP may also initiate a public bill, in which case it is called a private member’s bill

Public defender is a U.S. term. Canada does not use one uniform public-defender system. Depending on the province and the case, publicly funded help may come from a legal aid staff lawyer, a private lawyer acting under a legal aid certificate, or duty counsel. Duty counsel usually provides limited assistance rather than full representation.

Where a person is visibly drunk or under the influence of drugs in public. Someone may be charged with causing a disturbance if they are drunk in a public place.

See also: Public Intoxication

See also: Public Mischief

Public officer is a defined term in the Criminal Code. It includes certain officials such as customs or excise officers, Canadian Forces officers, RCMP officers, and officers enforcing federal laws about revenue, customs, excise, trade, or navigation. It is not identical to `peace officer`, although the terms may overlap in some contexts.

Someone employed by the government or appointed or elected to discharge a public duty.

The discharge of urine from the body in a public place. Municipal governments may have legislation dealing with this issue.

See also: Public Urination

A publication ban limits what can be published about a case, witness, complainant, victim, or accused. Some bans are automatic, and others must be ordered by the court. Youth cases often have strong identity protections.

Rap sheet is an informal term, often used in U.S. media, for a person's criminal record or police record. In Canada, the more precise term depends on the record being discussed, such as criminal record, police record, or vulnerable sector check.

Re-election means changing a previous election about how a case will be tried, where the law allows it. This may require consent from the Crown or approval from the court, depending on the situation.

Re-examination is limited follow-up questioning by the side that called the witness after cross-examination. It is usually used to clarify issues raised in cross-examination.

Reasonable grounds means there is an objective basis, grounded in facts, for a belief or suspicion. Different police powers require different standards, such as reasonable grounds to believe or reasonable suspicion.

Recklessness is a mental state where a person is aware of a risk that their conduct could cause a prohibited result and proceeds anyway. It is more than simple carelessness.

A recognizance is a formal obligation to a court to keep the peace, follow conditions, or perform another promise required by law. The term is used most commonly for peace bonds and other preventive orders. Depending on the provision, the recognizance may involve a surety or an amount the person promises to pay if the obligation is breached.

How it works in practice. A person may be ordered to enter into a recognizance requiring conditions such as no contact, staying away from a place, keeping the peace, or not possessing weapons. Breaching a recognizance made under the peace-bond provisions can lead to a separate criminal charge.

Current Criminal Code bail provisions generally use the term release order for release ordered by a judge or justice, even where the order includes a promise to pay or a surety. An undertaking is used for certain police releases.

The law.

• A justice may order a person to enter into a recognizance to keep the peace and be of good behaviour under the peace-bond provisions. (Criminal Code, s. 810)
• A breach of a recognizance under the listed preventive-order provisions is a separate offence. (Criminal Code, s. 811)
• Judicial bail is now expressed through a release order, which may include a promise to pay, a surety, or a deposit depending on the circumstances. (Criminal Code, s. 515)

Common questions.

Is a recognizance the same as an undertaking? No. A recognizance is an obligation entered into before a court under a provision that uses that form. An undertaking is a written promise used for certain police releases.

Is a recognizance the same as a bail release order? Not under the current terminology of the Criminal Code. A court-ordered bail release is generally documented as a release order, although older cases and everyday speech may still use recognizance in connection with bail.

See also: Recognizance and Undertaking

A record suspension is an order of the Parole Board of Canada that requires the judicial record of a conviction to be kept separate from other criminal records. It was formerly called a pardon. It does not erase the conviction or destroy the record, and it may be revoked or cease to have effect in circumstances set by law.

How it works in practice. A person generally cannot apply until every part of the sentence has expired according to law and the applicable waiting period has passed. The usual waiting periods are five years for a summary conviction offence and ten years for an indictable offence. Eligibility rules, statutory exclusions, good-conduct requirements, and special rules for certain cannabis offences can change how an application is handled.

A record suspension is not automatic. The person applies to the Parole Board of Canada, and the Board decides whether the statutory requirements are met. Once granted, the federal conviction record is generally kept separate and is not disclosed through an ordinary criminal record check, subject to statutory exceptions.

The law.

• Applications are made to the Parole Board of Canada. (Criminal Records Act, s. 3)
• The ordinary waiting period is ten years for an indictable offence and five years for a summary conviction offence, counted after the sentence has expired according to law. Special rules and exclusions apply. (Criminal Records Act, s. 4)
• The Board must be satisfied that the statutory requirements for a record suspension are met. (Criminal Records Act, s. 4.1)
• A record suspension requires the judicial record to be kept separate and apart; it does not erase the conviction. (Criminal Records Act, s. 2.3)

Common questions.

How long must I wait before applying? The usual period is five years for a summary conviction offence and ten years for an indictable offence, counted after the sentence has fully expired. Eligibility exceptions and special rules may apply.

Does a record suspension erase the conviction? No. The record is kept separate rather than destroyed, and limited statutory disclosure or later revocation remains possible.

Who decides the application? The Parole Board of Canada. A person must apply and establish that the applicable requirements are met.

See also: Pardons (Record Suspensions)

Refusal means failing or refusing, without a reasonable excuse, to comply with a lawful police demand for a breath, blood, oral-fluid, urine, coordination, or other authorized test or sample. It can be a separate criminal offence from impaired driving.

See also: Impaired Driving

A release order is a court order that allows an accused person to remain out of custody while their case continues. It may have no conditions, or it may require the accused to follow specific rules such as reporting, no contact, or staying away from a place.

Reliability is about whether evidence is accurate and dependable. A witness may be honest but mistaken, so courts often consider both credibility and reliability.

Remand means an accused person is kept in custody while their criminal case continues. A person on remand has not necessarily been found guilty. They are being held before the case is finished.

See also: Resisting Arrest

Resolution means a criminal case ends without a full contested trial. This may involve a guilty plea, withdrawal of charges, a peace bond, diversion, or another outcome. The available options depend on the facts, the charge, and Crown policy.

Restitution is a court order requiring an offender to pay money for specific losses caused by the offence, such as damaged property or financial loss. It is different from a fine, which is paid to the state.

Restraining order is a broad term for an order limiting contact, communication, or attendance at a place. In Canada, the closest term may be a provincial protection order, peace bond, no-contact condition, release order, or probation condition. The correct term depends on whether the matter is civil, family, or criminal.

See also: Restraining Orders & Peace Bonds

According to the Code, a restricted weapon is: a handgun that is not a prohibited firearm; a firearm that is not a prohibited firearm, has a barrel less than 470 mm in length, and is capable of discharging centre-fire ammunition in a semi-automatic manner; a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise; or a firearm of any other kind that is prescribed to be a restricted firearm.

A contract that sets out the obligations of both the lawyer and client. Confirming what exact services are to be provided manages client expectations and reduces the risk of misunderstanding.

In most bail hearings, the Crown must justify detention or restrictive conditions. In a reverse-onus situation, the law requires the accused to show why they should be released. Reverse onus applies only in specific situations set out by law.

A person who is arrested or detained has the right to be told, in plain enough terms, why police are restricting their liberty. This helps the person understand the situation and decide whether to speak to counsel.

The right to counsel means that a person who is arrested or detained has the right to be told that they may speak to a lawyer and to have a reasonable opportunity to do so without delay. Police must generally hold off trying to obtain evidence from the detained person until that opportunity has been provided, unless the right is validly waived or an established exception applies.

The right to silence means a person generally does not have to answer police questions or give a statement, and an accused person cannot be forced to testify at their own trial. It does not prevent police from using lawful investigative powers, such as authorized demands for breath samples, fingerprints, DNA, or other evidence.

When force or intimidation is used or threatened to take property from another person.

See also: Robbery

Royal Assent is the approval by the Sovereign of a bill that has passed both houses of Parliament in identical form. It is the process by which a bill becomes an act of Parliament and part of the law of Canada. In Canada, Royal Assent is given by the Governor General or one of the Governor General’s deputies (a Justice of the Supreme Court of Canada or a senior official such as the Secretary to the Governor General).

They are appointed under Part 1 by the Governor in Council and must report their findings to the Cabinet but are otherwise independent of government influence. Generally speaking, Royal commissions tend to be broader in scope than other forms of governmental inquiry, often holding cross-country public hearings followed up by formal findings and recommendations.

See also: Sabotage

Schedule I drugs are commonly characterized as “hard drugs.” They include street drugs such as heroin, cocaine, and opium and numerous pharmaceutical-grade drugs such as oxycodone and morphine. Schedule I drugs show a high risk of dependency. See Schedule I of the Controlled Drugs and Substances Act.

Schedule II drugs include synthetic cannabinoid receptor type 1 agonists, their salts, derivatives, isomers, and salts of derivatives and isomers. Until 2018 this category included drugs falling within the cannabis family but are now dealt with under the Cannabis Act. See Schedule II of the Controlled Drugs and Substances Act.

Schedule III drugs include the amphetamine family, including methamphetamine and lysergic acid diethylamide, better known as LSD. Most hallucinogens are classified under Schedule III. See Schedule III of the Controlled Drugs and Substances Act.

Schedule IV drugs include popular pharmaceuticals such as diazepam, benzodiazepine and anabolic steroids. See Schedule IV of the Controlled Drugs and Substances Act.

Schedule V lists a group of novel fentanyl precursors used in the illegal production of fentanyl and substances chemically related to fentanyl. See Schedule V of the Controlled Drugs and Substances Act.

A search warrant is a court order that authorizes police to search a specified place or thing for evidence. The police usually must show legal grounds before a judge or justice will issue the warrant.

See also: Sedition

Self-defence may apply where a person uses force to protect themselves or another person from force or a threat of force, and the response is reasonable in the circumstances. The Criminal Code sets out the legal framework.

See also: Defences

A sentence is the penalty or order a court imposes after a person is found guilty or pleads guilty. Sentences can include a discharge, fine, probation, restitution, conditional sentence, jail, or other orders.

See also: Types of Sentences

A sentencing hearing is where the judge decides what sentence to impose after a guilty plea or finding of guilt. The Crown and defence may make submissions, and the court may consider victim impact statements, reports, and other evidence.

See also: Sentencing Hearings

At the end of a trial, the jury will enter the jury room to begin deliberations. The sequestration period begins, as the jury must reach an unanimous verdict before they are released, avoiding all outside contact.

Serious bodily harm is not governed by one universal Criminal Code definition. It generally refers to grave injury or a serious effect on a person’s body or health, but its meaning depends on the offence, statutory provision, or legal test in which the phrase is used.

See also: Assault Causing Bodily Harm

Set date court is a term used in some places for court appearances where cases are scheduled, adjourned, or moved to the next step. It is usually not a trial or sentencing hearing.

An assault of a sexual nature that violates the sexual integrity of the victim. The Supreme Court has ruled that the act of sexual assault does not depend solely on contact with any specific part of the human anatomy but rather if the act violates the sexual integrity of the victim.

See also: Sexual Assault

When a person touches any part of the body of someone under the age of 16 for a sexual purpose. The touching can be done with any part of their body or with an object.

See also: Procuring Sexual Services

An act that is sexual in nature and whose purpose is to sexually gratify the person who receives it.

See also: Obtaining Sexual Services For Consideration·Procuring Sexual Services

A sheriff or court officer helps with courtroom security, prisoner movement, jury management, and court orders. The exact title and duties vary by province and territory.

Every vessel not permanently attached to the seabed, other than a warship, a ship being used as a naval auxiliary or for customs or police purposes, or a ship that has been withdrawn from navigation or is laid up.

Intentionally taking an item from a merchant without paying for it. It is a form of theft and offenders can be charged.

See also: Shoplifting·Theft

A show-cause hearing is another name for a bail hearing. The phrase comes from the idea that one side must show the court why the accused should be detained, released, or released on particular conditions.

The administration of a street drug under the skin, which allows it to diffuse slowly, extending the duration of the feeling of euphoria.

A SOIRA order is a court order made under the Criminal Code that requires a person to comply with reporting obligations under the Sex Offender Information Registration Act. Whether an order is mandatory or depends on findings by the court varies with the designated offence and the statutory circumstances.

Solicitor-client privilege protects confidential communications between a lawyer and client made for the purpose of getting or giving legal advice. It is one of the strongest protections in Canadian law.

Specific intent refers to a more particular mental purpose required by some offences. The exact meaning depends on the offence. It can matter for defences, intoxication issues, and how the Crown proves the case.

Driving a vehicle over the posted speed limit. If you are charged with a vehicular-related offence under the Code and were speeding, that will be considered an aggravating factor in your sentencing.

See also: Speeding

Speedy trial is common U.S. wording. In Canada, the Charter protects the right to be tried within a reasonable time. Delay issues are usually discussed as section 11(b) or Jordan delay issues.

A statement is an account a person gives about an event. In criminal cases, statements may come from witnesses, complainants, accused persons, or police. Whether a statement can be used in court depends on the rules of evidence.

See also: Making a Police Statement

Statutory release is a form of conditional release for many federal offenders before the end of their sentence. It is different from parole and has its own rules and conditions.

A stay of proceedings stops a prosecution without a verdict. It is not an acquittal or a finding that the accused is not guilty. A Crown-directed stay under s. 579 and a court-ordered stay are different legal mechanisms with different rules.

How it works in practice. The Crown may direct a stay after proceedings begin and before judgment. Once the stay is entered, the prosecution stops and an undertaking or release order relating to that proceeding ceases to have effect. The Crown may recommence the proceeding within the period allowed by s. 579(2).

A court may also order a stay as a Charter or abuse-of-process remedy. The basis, permanence, and appeal consequences of a court-ordered stay depend on the order and the legal ground on which it was granted. The Criminal Code's one-year recommencement rule applies to Crown-directed stays, not automatically to court-ordered stays.

The law.

• The Attorney General or instructed counsel may direct a stay after proceedings begin and before judgment. Related undertakings and release orders cease to have effect. (Criminal Code, s. 579(1))
• A Crown-directed stay may be recommenced without laying a new charge if notice is given within one year, or before the applicable limitation period expires, whichever is earlier. If it is not recommenced in time, the proceeding is deemed never to have been commenced. (Criminal Code, s. 579(2))

Common questions.

Does a stay mean the accused was found not guilty? No. A stay stops the proceeding without deciding guilt.

Can a stayed prosecution return? A Crown-directed stay can be recommenced within the statutory period. Court-ordered stays operate under different rules and must be assessed according to the order and any appeal.

See also: Stay of Proceedings

A stay-away condition tells a person not to go to a certain place or near a certain person. It may appear in a release order, peace bond, probation order, sentence, or another court order.

A subpoena is a court order telling someone they must come to court on a set date to answer questions as a witness. It can also require them to bring specific documents or items. Anyone properly served with one is legally required to attend.

How it works in practice. Subpoenas usually go to witnesses, not to the accused person, who already must attend under other court rules. Someone can be subpoenaed even with no other connection to the case — for example, a bystander who saw an incident, or a clerk asked to bring business records.

The law.

• A subpoena must state a time and place to attend, and may require the person to bring related documents or items; once served, they must attend and remain until excused by the judge. (Criminal Code, s. 700)
• If it appears a witness will not attend even if subpoenaed, or is avoiding service, a court may issue a warrant to have that person arrested and brought in to give evidence. (Criminal Code, s. 698(2))

A summary conviction offence is generally a less serious type of Canadian criminal offence, usually handled through a simpler court process and with lower maximum penalties than indictable offences. Some offences can proceed either summarily or by indictment.

See also: Summary vs Indictable

Summary offence is common shorthand for a summary conviction offence, the less formal of Canada's two main criminal procedures. Summary proceedings generally involve fewer procedural steps and a lower default maximum punishment than indictable proceedings. The phrase summary conviction can also refer to the procedure or to a conviction entered through that process.

How it works in practice. Some offences are summary-only. Others are hybrid offences, meaning the Crown may elect to proceed summarily instead of by indictment. Unless another enactment provides a different period, a summary conviction proceeding must generally be instituted within 12 months after the subject matter arose, unless the prosecutor and accused agree to a longer period.

Unless the offence sets its own punishment, the general summary maximum is a $5,000 fine, imprisonment for two years less a day, or both. A summary conviction can still create a criminal record, although a discharge or another outcome that does not register a conviction may affect the record differently.

The law.

• Unless another punishment is provided, the general maximum for a summary conviction offence is a fine of not more than $5,000, imprisonment for not more than two years less a day, or both. (Criminal Code, s. 787(1))
• Unless another limitation period applies, a summary conviction proceeding may not be instituted more than 12 months after the subject matter arose unless the prosecutor and accused agree. (Criminal Code, s. 786(2))

Common questions.

What is the difference between a summary offence and an indictable offence? Summary proceedings are generally less formal and carry a lower default maximum. Indictable proceedings may involve additional procedural steps and higher maximum penalties. Many offences are hybrid, so the Crown chooses which process to use.

Can someone go to jail for a summary offence? Yes. Unless the offence sets a different punishment, the general maximum includes imprisonment for up to two years less a day.

Is there a deadline for starting a summary conviction proceeding? Generally yes. The usual limit is 12 months after the subject matter arose, unless another law sets a different period or the prosecutor and accused agree to extend it.

See also: Summary vs Indictable

A summons is a court document ordering a person to appear in court on a set date. It may be used instead of arrest for some matters. Ignoring a summons can lead to further court problems, including a warrant.

A surety is a person, often a family member or friend, who promises to supervise an accused person released on bail. A surety may also pledge money that can be forfeited if the accused breaks bail conditions.

See also: Bail Hearings

See also: ​​Disqualified Suspended Licence

A suspended sentence means the court records a conviction but suspends the passing of sentence and places the offender on probation. It is different from a conditional discharge because a conviction is entered.

See also: Types of Sentences

See also: Tax Evasion

See also: Tax Fraud

An offence motivated by “a political, religious or ideological purpose, objective or cause" with the intention of intimidating the public. Activities within this context include the use of violence, endangering the health and safety of the public and interference with essential services, facilities or systems.

See also: Terrorism·Terrorism Overview

A person, group, trust, partnership or fund or an unincorporated association or organization facilitating or carrying out of terrorist activities.

Testimony is evidence a witness gives in court, usually under oath or affirmation. It may be given in person, remotely, or in another approved way depending on the court order and the rules that apply.

See also: Testifying in a Trial

Tetrahydrocannabinol (THC) is the chemical responsible for most of marijuana's psychological effects. THC can induce hallucinations, change thinking and cause delusions.

Time served means time an accused spent in custody before sentencing. Courts usually give credit for this pre-sentence custody against the final sentence, sometimes at an enhanced rate depending on the circumstances.

The totality principle means that when multiple sentences are imposed, the combined sentence should not be unduly harsh or excessive overall. It is especially important when sentences are consecutive.

The recruitment, transportation, harbouring and influence over the movements of a person in order to exploit them, typically through sexual exploitation or forced labour. It is often described as a modern form of slavery.

See also: Drug Trafficking·Human trafficking·Weapons Trafficking

See also: Trespassing at Night

A trial is the court hearing where the Crown presents evidence and a judge or jury decides whether the Crown has proven the accused's guilt beyond a reasonable doubt. The defence may challenge the Crown's evidence and may or may not call evidence.

See also: How a Criminal Trial Works·Preparing for Trial

Trial by judge alone means the judge decides the legal issues and also decides whether the accused is guilty or not guilty. There is no jury.

A person charged with an offence has a right under section 11(b) of the Charter to be tried within a reasonable time. If the legally calculated delay is unreasonable and is not justified, the court may stay the proceedings. The calculation is fact-specific and considers matters such as defence delay and exceptional circumstances.

It is any intentional, unjustified or unauthorized absence from school, and does not refer to legitimate absences, such as ones caused by a medical condition.

See also: Truancy

See also: Truancy

An undertaking is a written promise a person gives to police when they're released instead of being held for a bail hearing. It always includes a promise to attend court, and it can add other rules to follow, called conditions.

How it works in practice. Police can release someone on an undertaking themselves, without a bail hearing before a judge. If a judge grants release instead, that's called a release order, not an undertaking. Either way, common conditions include reporting to police, staying in a set area, avoiding contact with someone, or handing in a passport.

The law.

• Sets out what an undertaking must include and the extra conditions police may add. (Criminal Code, s. 501)

Common questions.

What happens if I break an undertaking? Breaking a condition without a lawful excuse is a separate criminal offence. It can carry up to two years in prison if it proceeds as an indictable offence, or a lower penalty if it proceeds by summary conviction.

See also: Recognizance and Undertaking

Escaping from jail, failing to comply with conditions of parole or fleeing from police after being placed under arrest are examples of being unlawfully at large.

See also: Unlawfully at Large

Section 8 of the Charter protects against unreasonable search and seizure. In general, police need lawful authority to search a person, home, vehicle, phone, or property. Whether a search is reasonable depends on the facts and the law.

The condition of not having a lawful profession or the means to financially maintain yourself. It is usually accompanied by being homeless.

See also: Vagrancy

See also: Vandalism

There is no single Criminal Code charge dealing with a death as a result of a driving incident. It is prosecuted under different sections depending on the circumstances.

See also: Manslaughter·Vehicular Manslaughter

A verdict is the formal decision at the end of a trial. In a criminal case, the verdict is usually guilty or not guilty. A judge or jury reaches the verdict depending on the type of trial.

A victim is a person who suffered physical or emotional harm, property damage, or economic loss because of an offence. Canadian law gives victims certain rights in the criminal process, but the Crown, not the victim, conducts the prosecution.

See also: Sentencing Hearings

A victim surcharge is an amount added to a sentence for each offence. It is used to help fund services for victims of crime. The Criminal Code sets the rules for when it applies and how much is ordered.

A voir dire is a hearing within a hearing, often used to decide whether evidence is admissible. In a jury trial, a voir dire may happen without the jury present.

Voluntariness is a legal issue about whether an accused person's statement to a person in authority was given freely. Threats, promises, oppression, or lack of an operating mind can affect whether the statement is admissible.

A vulnerable sector check is a type of police record check used for certain positions of trust or authority involving children or vulnerable people. It may include information that does not appear on a basic criminal record check where federal and provincial law permit. The application process and information disclosed vary by jurisdiction.

A warrant is a written order signed by a judge or justice. It lets police do something they normally could not, such as arrest a specific person or search a specific place. The two everyday kinds are an arrest warrant and a search warrant.

How it works in practice. An arrest warrant orders police to arrest a named person and bring them to court. A search warrant lets police search a specific place, such as a home, for evidence, and seize what they find. Either way, a warrant only covers what it actually names or describes.

The law.

• An arrest warrant must name or describe the accused, briefly state the offence, and order that they be arrested and brought before a judge or justice. (Criminal Code, s. 511)
• A justice may issue a search warrant when satisfied there are reasonable grounds to believe evidence of an offence will be found in that place. (Criminal Code, s. 487)

Anything used, designed to be used or intended for the use of causing death or injury to any person or threatening or intimidating any person. It can also be anything that is used to bind or tie someone up against their will

A weapons prohibition is a court order that prohibits a person from possessing firearms or other weapons for a set period, sometimes for life. It can be mandatory or discretionary depending on the offence and sentence.

A non-violent crime where the primary motive is typically financial in nature, usually carried out by those in business or management positions

Wilful blindness can apply when a person suspects an important fact, recognizes the need to inquire, and deliberately chooses not to make that inquiry because they do not want to know the answer. The law may treat the person as having knowledge of the fact.

An LSD gelatin that may contain slightly more acid per piece than a regular hit.

Withdrawal of charges means the Crown stops proceeding with a charge before a trial or verdict. A withdrawal is different from an acquittal, a stay of proceedings, or diversion.

Young offender is older wording that many people still use. Under the Youth Criminal Justice Act, the current legal term is young person, generally meaning someone who was at least 12 but under 18 at the time of the alleged offence.

See also: Youth Criminal Justice

See also: Youth Criminal Justice

Youth justice courts deal with any alleged offences committed by those ages 12 to 17, in accordance with the Youth Criminal Justice Act.

See also: Youth Criminal Justice

An appointed member of the judiciary who conducts youth court proceedings according to the rules set down by the Youth Criminal Justice Act.

The Youth Criminal Justice Act, or YCJA, is the federal law that governs Canada's criminal justice system for young people. It has different principles, procedures, privacy rules, and sentencing options than the adult system.

See also: Youth Criminal Justice Act