Court Stuff
What is a preliminary hearing?
A proceeding in the Ontario Court of Justice available to people being prosecuted by indictment. A preliminary hearing does not determine guilt or innocence. It is used to determine whether there is enough evidence for committal. The test for committal is whether there is any evidence upon which a properly instructed jury (or judge) could convict. Witnesses can be called. If the person is not committed to stand trial, they will be discharged and their case will be over. A preliminary hearing is also known as a preliminary inquiry. Crown can appeal.
What is a victim surcharge?
The victim fine surcharge (VFS) is an extra fine that a judge can order a person to pay as part of their sentence (discharges included). This can be added to another fine or restitution.
Money from VFS goes to Ontario Victim Services.
If the person doesn't have to pay another fine, the VFS is $100 for each summary offence, and $200 for each indictable offence that they pled guilty to, or were found guilty of committing. For example, if they plead guilty to 3 counts of theft under $5,000 and the Crown treated it as a summary offence, the VFS could be $300.
If the person does have to pay another fine, the VFS is 30% of that fine. A restitution order doesn't count as another fine.
The court can also increase the VFS if it's fair and if the person can pay a higher amount.
What is the difference between probation and parole?
Probation = a sentence. Often, if someone's sentence is shorter than 2 years, the individual will also be given a probation order (max 3 years). It is also possible for someone to serve a federal sentence followed by a probation order.
Parole = a conditional release that is earned (still serving sentence but in the community). Can happen at the provincial (OPB) and federal level (PBC).
What does WED stand for?
Warrant Expiry Date - represents the end of a sentence.
*If an individual is unlawfully at large (UAL) on parole/custody, sentences are “put on pause” until the individual is found/turn themselves in (same for federal)*
What is a Detention Order?
The PBC can keep someone in the institution after their SRD by issuing a detention order; reasonable grounds to believe that the person is likely to commit an offence causing serious harm or death, a sexual offence involving a child or a serious drug offence. This means the person could stay in custody until their WED.
The Board reviews detention orders once a year until the person completes their sentence or the Board determines it is reasonable to cancel the order and allow statutory release. For the detention order to be lifted, the Board must be satisfied that the person no longer meets the detention criteria.
What is Drug Treatment Court?
DTC is a special court program for people who have a drug addiction. It is quite technical.
Unlike diversion, DTC usually requires a guilty plea. If the person is accepted, they're placed on bail while they complete the program. This is called “bail pending sentence.”
DTC is for people who:
The DTC program is not for alcohol addiction.
Crown must agree.
Treatment may include medical treatment, counselling, employment training, and housing.
Treatment plans usually include group counselling three or four times a week. Frequency might be reduced. Can also include random urine drug tests.
DTC is long and a difficult program.
If the treatment team approves graduation, the judge will give the person a suspended sentence (criminal conviction with probation). DTC conditions similar to your bail. Person must continue to go to court to report on progress, usually once per month.
If the person doesn't follow probation conditions, they can be charged and arrested. If the person is having trouble with their recovery, the judge can change any probation conditions.
What is a Record Suspension?
Used to be called a "pardon". A record suspension allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated that they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart. A criminal record is never erased. Removes record from Canadian Police Information Centre (CPIC) database.
The PBC is responsible for reviewing applications;
Can be revoked;
Eligibility depends on date of first offence and are complicated to untangle. After March 13, 2012:
All fines, surcharges, costs, restitution, and compensation orders must be paid off + sentences completed, followed by waiting period of 5 years (summary offences) or 10 years (indictable offences);
There is a large processing fee.
Quick note on Vulnerable Sector checks. This type of record check will show if someone got a record suspension for any sexual offence convictions.
Can you impose more than one life sentence in Canada?
No, but the judge can decide whether periods of parole eligibility will be concurrent or consecutive. Some examples include: Dellen Millard (found guilty of 3 counts of first-degree murder, 3x 25-year consecutive parole eligibility = total of 75 years) and Alexandre Bissonnette (parole eligibility of 40 years).
What is Statutory Release?
Statutory release is a presumptive release by law. It is not parole and is not a decision of the Parole Board of Canada (i.e., not earned). By law, most offenders (except those serving a life or indeterminate sentence) must be released by the Correctional Service of Canada (CSC) with supervision after serving 2/3's of their sentence, if parole has not already been granted.
As other "parolees", individuals on SR are required to follow standard conditions and special conditions (imposed by the PBC). Individuals on SR can be mandated to live in a CCC/CRF (SRR). A residency condition is usually imposed if: poor supervision history, greater risk to re-offender, lack of community support.
PO can apply to the Board to have residency condition removed if decrease in risk
Often for individuals who either did not apply for release on parole or who were denied parole.
What is a Long-Term Supervision Order?
A non-custodial sentencing option available to the courts to extend the length of time that CSC will supervise and support an individual in the community following WED (up to 10 years);
Can have a residency condition (LTSO-R) which means the person would need to reside at a CCC/CRF for a certain period of time;
For individuals convicted of a “serious personal injury offence” and who deemed likely to re-offend;
When individuals on an LTSO breach, they are often charged criminally and the order is suspended (as opposed to a technical breach of federal parole conditions, which would not result in an additional criminal charge unless a new offence was committed).
What is the PAR program?
Stands for Partner Assault Response.
It is a specialized counselling program that deals with domestic violence and abuse. The PAR program is an initiative of Ontario’s Domestic Violence Court and offers community based group sessions (12) for individuals who are facing domestic assault charges.
Ottawa = New Directions.
True or False: You can lose your Permanent Resident status if you've been found guilty by a criminal court and convicted of a crime.
Someone could lose their permanent resident status and be forced to leave Canada if all of the following apply:
What is a "serious crime"
What does EM stand for?
Electronic Monitoring
Technologically assisted form of community supervision. It is most commonly used with house arrest, conditional sentences, parole, or bail conditions. Ensures that the person stays within approved areas (like home) and adheres to curfews or exclusion zones.
When can someone apply for Day Parole?
Individuals can apply for DP 6 months before their Full Parole eligibility date (1/3 of sentence, or 7 years, whichever is less) or after 6 months, whichever is greater;
People serving life sentences are eligible to apply 3 years before their FP date (set by the Court) or after 3 years, whichever is greater.
Individuals serving indeterminate sentences are eligible for Day Parole 3 years before full parole eligibility (7 years after they were taken into custody). Reviewed every 2 years after FPD.
What options do Parole Officers have at their disposal when there is a breach of parole conditions?
Depends if the person is at a CRF or not...
-CRFs can withdraw support, PO can look at alternate placements
-If person is suspended, returns to Detention Center (often OCDC unless apprehended elsewhere). PO will then meet with the individual to conduct a Post-Suspension Interview (PSI). PO speaks with supervisor and decides to either: A) cancel the suspension w/ plan in place (individual is released), B) write an Assessment for Decision (A4D) report and submit it to the PBC so they can decide whether to cancel suspension or revoke the person's parole. The PBC has 90 days to make a decision.
If the person is revoked, their SRD will be recalculated. New SRD: “the day on which they have served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension or revocation”. If an additional sentence is imposed after the individual is recommitted to custody as a result of a suspension or revocation under section 135, the day on which they have served two thirds of the portion of the sentence — including the additional sentence — that begins on the day on which they are recommitted and ends on the day on which the sentence expires.”
What is so important about the R v. Morris 2021 Ontario Court of Appeal decision (2021 ONCA 680)?
A major appellate decision recognizing systemic racism as relevant in sentencing and allowing courts to take judicial notice of it without requiring proof of causation.
What is a Peace Bond?
A peace bond is a court order that requires an individual to keep the peace and be of good behaviour for a specified amount of time (usually 12 months).
Keeping the peace and being of good behaviour simply translates to not getting into trouble with the law. These court orders often carry other conditions which can include: not to attend a certain place, no contact directly/indirectly with a person(s) and not to possess any weapons.
There are two types (Statutory, 8.10, and Common Law). We won't get into the Common Law ones, but 8.10s are formal, codified options for specific threats.
In 2015, the Government introduced changes to the Anti-terrorism Act, including a new “fear of terrorism offence” under the Criminal Code, which is referred to as a terrorism peace bond (810.011).
The terrorism peace bond is a preventative tool to disrupt potential terrorist threats. Allows a judge to apply conditions on an individual that limits some of their freedoms, such as prohibiting them from engaging in online activity, limiting their travel, and engagement with specific individuals.
A peace bond does not result in a criminal conviction and most commonly signed in exchange for the withdrawal of criminal charges. It also may appear on a Vulnerable Sector Search after the term has expired.
What happens if someone breaches their provincial community supervision?
If someone breaches a condition of their provincial community supervision, the response can include one or more of the following, depending on the seriousness of the breach and the province:
Increased supervision or stricter conditions (e.g., more reporting, curfews, added programming)
A formal warning from their probation officer
Being charged with a breach offence under the Criminal Code
Arrest and detention, particularly if public safety is a concern
A court hearing, where a judge reviews the breach
Revocation of community supervision, which may result in the person serving time in custody for the remainder of the sentence.
What are the 3 factors that determine a person's security level?
1) Behaviour and ability to adjust to a certain institutional setting
2) Probability of escape
3) Risk to public safety in the event they escape
CSC regularly reassesses people's security classification, normally at least once every two years, to ensure they are in institutions of the appropriate security level. CSC can also review a person's security level outside established timeframes if there is an increase and/or decrease in risk.
What is the name of the only penitentiary for women in Ontario?
Grand Valley Institution
What is a Crown Pre-Trial?
The CPT is a meeting between the accused's lawyer and the crown attorney with the purpose of discussing the case and any issues that may arise. A CPT may be a single meeting or several, lasting weeks or months depending on the issues at hand. From the perspective of a criminal lawyer, the purpose of a CPT is to essentially humanize the client, point out weaknesses in the crown’s case and negotiate the best possible result in the case.
Some of the issues that are commonly discussed during the Crown Pre-Trial include:
What is the difference between a Detention Centre and a Correctional Centre?
A DC serves the needs of several regions (such as OCDC). Holds people on remand, shorter terms (60 days or less), awaiting transfers;
A CC usually houses individuals who are serving 60 days to two years less a day (such as Lindsay). Access to education, counselling, and work experience programs;
Additional fun facts:
Jails are generally older and smaller institutions (established by counties/municipalities); similar to DC;
Treatment Centers provide specialized and intensive treatment.
True or False: Individuals serving provincial custody can be released early?
True (though not as common)...
Parole-like supervision (for some conditional sentences or community supervision programs)
Early release mechanisms specific to the province (rare, sometimes through provincial programs)
What is the difference between a CCC (Community Correctional Centre) and a CRF (Community Residential Facility)?
-Community Correctional Centers (CCCs)
Operated by CSC.
Supervise individuals on various types of releases (SRR, LTSO-R, UTA, WR); though they rarely take DP releases.
CCCs can’t “deny” individuals as opposed to CRFs because they are operated by CSC.
None in Ottawa. Closest one would be in Kingston (Henry Traill CCC).
-Community Residential Facilities (CRFs)
Owned by non-governmental agencies (contracted by CSC). 6 CRFs in Ottawa (House of Hope, Maison Decision House, Kirkpatrick House, Tom Lamothe Residence, Ste-Anne’s Residence, and Ikaarvik House).
True or False: A Dangerous Offender designation can result in either a determinate or indeterminate sentence?
True.
Individuals given this designation have committed and/or are considered at high risk to commit serious personal injury offences. The courts can impose either an indeterminate or determinate period of incarceration. DOs with indeterminate sentences are supervised by the Correctional Service of Canada (CSC) indefinitely, while DOs with determinate sentences may be subject to an LTSO following release into the community.