Terms & Definitions

Defendant – person charged

Proper on its face - charge that shows no defect or errors that would cause the charge to be fatal

Adjournment – changing the trial to a new date

Trial in absentia – evidence heard in trail without the defendant present

Deemed not to dispute – Section 9.1.1 (1) If a defendant who has given notice of an intention to appear fails to appear at the time and place appointed for the hearing, the defendant shall be deemed not to dispute the charge.

Fail to respond – by doing nothing with a ticket you will be found guilty

To set a date – a court date to set a trial date

To be spoken to – a court date before the Justice of peace to obtain further information before you set a trial date.

Pre-trial – meeting between prosecutor and defense

Dismissed – evidence taken does not prove the case

Quashed – a charge can not be dealt with as is not proper in form

Stayed – holding the charge in limbo doesn’t go forward

Charter application – requesting the court to hear evidence how your rights have been violated according to the Canadian charter of rights and freedoms.

Cautioned statement – being told you are not obligated to give a statement but anything you do say will be used against you in court.

Voluntary statement – comments made to the officer of one’s own free will, with knowledge it may be used against them. Aware of the consequences of giving the statement.

Motion – document advising the court you are requesting their consideration regarding as request i.e. adjournment, extension of time to appeal.

Evidence in chief – evidence under oath that is first given by a person testifying

Cross examination – questions asked of a witness by the opposing agent/counsel after evidence in chief.

Caselaw – precedent setting cases - previous tried cases which define rulings on charges. Fine tune elements to be proven in court.