Court Language
What does "adjourn" mean?
Ex: Your court matter was adjourned to May 5, 2085
If your case has been "adjourned," this means that it has been put "on hold," so-to-speak. In other words, the case has been rescheduled for some reason. The courts will adjourn a case for a number of reasons and at many different points in the process. It will be pushed to another date at some point in the future.
Reintegration Funding
Probation can apply to the Ministry for Reintegration Funding for their client. This is mostly used when a client is being released from custody and might need new clothing for the community. It could also be related to other types of reintegration needs as well (ex: school or job needs).
What is "Duty Counsel"?
Duty counsel are private bar or Legal Aid Ontario staff lawyers who can give immediate, legal assistance to low-income people who appear in court without a lawyer.
Duty Counsel office: 613-238-7931
There is duty counsel for criminal court, family law, mental health, tenant law, and those entering custody
What is the difference between a consecutive and concurrent sentence?
A consecutive sentence means that if a youth has more than one conviction the judge can order that each sentence is served consecutively (one after the other). This means that you would be in custody longer or on probation longer than with a concurrent sentence.
A concurrent sentence means that if a youth has more than one conviction the judge can order that each sentence is completed concurrently (at the same time).
Does a surety ever have to pay the court money?
Sometimes in order to be released on bail, a surety has to promise a certain amount of money. The surety only has to pay the full amount of money promised if you breach a bail condition.
What does "disclosure" mean?
Ex: We are waiting for the Crown to release the disclosure package
Refers to all materials the Crown will use against the accused in criminal proceedings. Ex: police officers’ notes, witness statements, a copy of their CPIC (criminal record), and a screening form. A screening form is a form the Crown completes, which briefly details the charges against the accused, and the punishment the Crown will seek.
Disclosure is not limited to paper copies of evidence, and can come in video, audio, or photograph form.
Usually, a young person can remain in youth custody up to age 20 if the provincial director and the court find it is in the young person's best interest and does not jeopardize others' safety. Otherwise, the young person will be transferred to an adult provincial or federal correctional facility (depending on time left on sentence).
Sometimes there are also places where there are adults, but there is a separate area where the young people live and have no contact with the adults.
What is "Gladue" Court?
These are Canadian courts that apply Canadian law. They often try to incorporate Indigenous cultural practices and understandings of justice.
This means at sentencing hearings, all alternatives to jail must be considered before a jail sentence is given. Jail is a last resort. And when a jail sentence is given, the court must apply Gladue principles to the length of the sentence.
And in Ontario, at bail hearings, all types of releases must be considered. Detention, or holding an accused without bail, is a last resort.
https://stepstojustice.ca/questions/criminal-law/what-does-gladue-mean/
What is a s.19 Conference?
A youth justice court judge, the provincial director, a police officer, a JP, a prosecutor or a youth worker may convene a conference for the purpose of making a decision. It could be to give advice on an appropriate EJM, conditions for release, sentences, or reintegration plans.
Can you name at least 3 different types of "warrants"?
Arrest Warrant: A document authorizing the police to arrest an individual where the court orders it.
Bench Warrant: An order issued by a judge to a police officer for the arrest of a person who has failed to appear, or remain in attendance, at a hearing or trial. Bench warrants are a form of arrest warrants.
Discretionary Bench Warrant:In circumstances where a person does not appear in court, the court may extend a courtesy by issuing a bench warrant "with discretion". The matter is adjourned to a future date and, if the person appears at that time, the warrant is cancelled.
Executed Warrant: A warrant that has been carried out.
Search Warrant: An order issued by a justice, authorizing a named person to enter a specified place to search for and seize specified property which will provide evidence of the actual or intended commission of an offence.
What is a "preliminary hearing"?
A court hearing to decide whether the Crown has sufficient evidence to hold a trial. At the end of the hearing, the accused will either be discharged or ordered to stand trial.
Typically only occurs if the youth is charged with serious crimes. The judge, not a jury, listens to the Crown's evidence and the defense can cross-examine witnesses.
When a judge does sentence a youth to be in custody, they must explain why other options were not chosen.
A youth cannot be held in custody unless:
What is a "Promise to Appear"?
If you are charged by police and then released, you will be given a document called a Promise to Appear, giving you the date you need to attend court.
What is a "peace bond" (section 810)?
A peace bond is a court order used to keep you from committing (or recommitting) a crime. It requires you to agree to specific conditions to keep the peace.
A peace bond is also called an "810 Recognizance"! If you don't follow the conditions of this Peace Bond, you would be in BREACH OF RECOGNIZANCE s.145(3)
Example Conditions: stay away from a person or place; don't carry a weapon; don't use drugs/alcohol; obey a curfew; report regularly to police
No convictions or charges are necessary for an 810 Recognizance
It is supervised like a probation order because of the threat of harm to a community or person
Normally used when an accused agrees to enter into a peace bond because the Crown will agree to withdraw their charges if they do
List some of the main objectives of the YCJA?
The YCJA has a clear emphasis on the needs of youth, as well as public protection.
The YCJA is intended to protect the public by:
The youth justice system must be separate from the adult system, and must emphasise:
What does "remand" mean?
Those on “remand” are individuals who are being held in custody while awaiting a further court appearance. While a relatively small percentage have been tried and found guilty and are awaiting sentencing, the majority are awaiting trial. Some may be awaiting a decision with respect to bail, others have been denied bail and, unless released through judicial review, will remain in custody until their trial.
Can also be called "pre-trial detention"
Reintegration Leave
Allows a young person to be away from custody
May or may not have an escort
No longer than 30 days
Day Release is a form of re-integrative leave (to attend school; continue employment; participate in a program)
What is the difference between a Judge and a Justice of the Peace?
A Judge presides over: virtually all adult and youth criminal justice trials; sentencing hearings (with the exception of jury trials and certain serious criminal offences - heard by Superior Court of Justice); preliminary hearings; and bail hearings.
Justices of the Peace preside over some bail hearings and in most first appearance and remand courts. They can issue warrants, deal with peace bonds and some other areas.
When is a situation in which police may conduct a search without a warrant?
The police can search people or places without a warrant in the following circumstances:
What is "house arrest"?
A condition that imposes restrictions on an individual that does not allow them to leave an address set by the courts.
Edits can be made to house arrest conditions in order to allow someone to be in the community.
Explain the difference between a youth record and a criminal record.
In youth criminal court you do not get “convicted” and you don't get a “criminal record” like in adult court. Only adults get criminal convictions or criminal records. But in youth court, you can be “found guilty” and get a “youth court record”. The words are different on purpose.
In very rare situations, a judge can give a young person an adult sentence. If you get an adult sentence as a young person, the finding of guilt counts as a criminal conviction. That means you will have a criminal record.
Another fun fact, the law says that you are not allowed to share the information in your own youth records. You are not supposed to tell people that you have a youth record.
What and Where is "Sundance"?
It is the closed custody facility for female clients.
Located in Kingston.
What does "CPIC" mean/stand for?
Canadian Police Information Center
This is the police records system.
What is an "affidavit"?
An affidavit is a declaration that certain information is true, such as a person's identity, statement outlining facts of a case, motor vehicle ownership, and common-law partnership. Affidavits must be sworn or declared by the first party and can be signed by a Notary Public, JP, or a Commissioner of Oaths
What is an "FCC Assessment"?
Family Court Clinic Assessment supports the courts in addressing the best interests of children/youth, and offers comprehensive court-related assessments for young offenders, child welfare matters, and custody and access disputes. Assessment process generally involves psychiatric, psychological and social work components. Home visits may be included as well. Information from other involved professionals such as agencies, doctors, counsellors, schools may also be considered.
Methods of Referral: by court order or request of lawyers.