Legal Terms: Chapter Nine - Criminal Law

Question 1

Crown Attorney

Answer 1

A lawyer, also known as a Crown prosecutor, who is an agent of the attorney general and who represents the Crown in court, particularly in criminal manners.

Question 2

Quasi-criminal offences

Answer 2

Less serious offences such as pollution or traffic offences that do not fall under the federal criminal law power—they may be passed by all levels of government but are frequently created under provincial legislation.

Question 3

Summary Conviction Offence

Answer 3

The least serious type of offence in the Criminal Code (for example: trespassing or disturbing the peace), tried only in provincial court and subject to the lightest sentences.

Question 4

Limitation Period

Answer 4

The period in which a legal action must be taken or the ability to do so is lost.

Question 5

Indictable Offence

Answer 5

The most serious type of offence in the Criminal Code (murder) carrying the most serious consequences.

Question 6

Superior Court of Criminal Jurisdiction

Answer 6

The Highest court in each province and territory to hear criminal matters, sometimes with a jury, its designation varying by province and territory.

Question 7

Hybrid Offence

Answer 7

A dual procedure offence, meaning that the Crown attorney has the option of choosing whether to prosecute it as a summary conviction offence or as an indictable offence.

Question 8

Arrest

Answer 8

Detaining or holding a person by legal authority

Question 9

Duty of Disclosure

Answer 9

The Crown’s mandatory disclosure to the accused, before the trial, of the evidence against him.

Question 10

Search Warrant

Answer 10

A warrant, issued by a justice of the peace or a provincial court judge, authorizing police to conduct a search.

Question 11

Appearance Notice

Answer 11

A document given to a person, usually at the scene of the crime, requiring that person to come to court on a certain date and time to answer to a charge.

Question 12

Summons

Answer 12

A document served personally on an accused person requiring her to be in court at a certain date and time.

Question 13

Judicial Interim Release

Answer 13

Formal name for bail; the release of an accused prior to her trial.

Question 14

Undertaking

Answer 14

Clear statement of intention by one person, usually a lawyer, that is reasonably relied on by another, amounting to a solemn promise that must be kept or the person who has given the undertaking will be liable for misconduct.

Question 15

Plead

Answer 15

To answer to a criminal charge in ways permitted by the Criminal Code

Question 16

Plea Bargain

Answer 16

Agreement between the Crown and the defence on how the accused will plead in court and on the sentence he will receive.

Question 17

Preliminary Inquiry

Answer 17

Hearing before a provincial court judge to determine whether the crown has sufficient evidence for the accused to stand trial for the offence.

Question 18

Information

Answer 18

Written document, used in provincial court, describing the offences with which the accused is charged.

Question 19

Indictment

Answer 19

Written document, used in superior court, describing the offences with which the accused is charged.

Question 20

Arraignment

Answer 20

Procedure by which the charge is read to the accused in open court and the accused is asked how she wishes to plead

Question 21

Conviction

Answer 21

A judge or jury’s finding an accused person guilty of an offence

Question 22

Verdict

Answer 22

The finding of a jury on the matter before it - for example: whether the accused is guilty or not guilty

Question 23

Sentence

Answer 23

The punishment the judge imposes on a person convicted of a criminal offence

Question 24

Aggravating Circumstances

Answer 24

A factor in the case that causes the judge to impose a harsher sentence on the convicted person than she would otherwise.

Question 25

Mitigating Circumstances

Answer 25

A factor in the case that causes the judge to impose a milder sentence on the convicted person than he would otherwise

Question 26

Pre-Sentence Report

Answer 26

A report prepared by a probation officer that provides information about the background and character of the offender to assist a judge in sentencing