Criminal law is relatively free of jargon and your lawyer will be able to explain what is occurring at each step of the process. Nevertheless, any degree of uncertainty about the meaning of the words you hear in the courtroom can erode your confidence in that environment and thereby weaken your defence. Ensure that you know exactly what is meant.

  • An allegation is an accusation or a claim that has not yet been proved.
  • The complainant is the person who went to police claiming that a criminal offence had been committed. If the offence is proved beyond a reasonable doubt, the term victim is then used.
  • Sometimes people talk about laying a charge. In Canada, a private individual normally reports an incident to police, and it is usually the police who then decide, perhaps in consultation with Crown counsel, whether a criminal charge is warranted.
  • The accused is the person who has been charged with a criminal offence. Defence counsel is the lawyer who represents the accused, and in court the Defence generally refers to the positions put forward by the accused and Defence counsel.
  • Crown can mean either the government lawyer who is responsible for prosecuting the case (also prosecutor or Crown counsel) or it can refer to the government itself. The distinction is not really very important to the accused.
  • The Information is a document that formally lays the charge. It is a legal document in which somebody (usually a police officer) states the name of the accused and the criminal charges.
  • An appearance notice, summons, and promise to appear are documents that require the accused to attend court on a specified date. Failure to comply constitutes a separate criminal offence.
  • Loosely speaking, the arraignment or first appearance is the first court date when the accused goes to court to answer the charge. Some cases are completed in a single appearance, but it is much more common to request an adjournment, or postponement, to a later date to give both the Crown and the accused more time to prepare.
  • Disclosure is generally the police investigation file, including copies of police reports and witness statements. The accused is entitled to have the same access to this material as the Crown. Reviewing disclosure is a critical step in determining if the Crown will be able to prove the case.
  • Entering a plea means formally telling the court whether the accused admits that the allegations are true and he or she has no legal defence (plead guilty); or whether the accused will require the Crown to prove the allegations (plead not guilty).
  • A trial takes place when the accused has pleaded not guilty. At a trial, the Crown presents witnesses who describe what they saw or heard. The witnesses are asked challenging questions by Defence counsel to test and reveal doubt about their evidence, which is called cross-examination. The Defence can also present their own witnesses.
  • The trial evidence consists of everything said by the witnesses, along with any documents and objects that may have been presented (which normally must be identified by a witness).
  • There are two levels of trial court in Nova Scotia, the Provincial Court and the Supreme Court. Most criminal cases begin and end in Provincial Court, but in some situations the accused has the right to move into Supreme Court instead (elect).
  • All trials in Provincial Court are judge-alone trials, which means that there is no jury. A Provincial Court judge hears all the evidence, makes all findings of fact, rules on all questions of law, and determines whether the Crown has proved its case.
  • A jury trial is a trial in which randomly-chosen members of the community hear the evidence and make all findings of fact. The judge rules on questions of law, and the jury decides whether the Crown has proved its case. A jury trial can only take place in the Supreme Court of Nova Scotia.
  • The Supreme Court of Nova Scotia should not be confused with the Supreme Court of Canada which deals only with appeals.
  • At a trial, the Crown is required to prove its case beyond a reasonable doubt. The trial judge (or jury) must be thoroughly convinced by the witnesses that the accused committed the offence. In that case, the accused will be found guilty which normally means that he or she will be convicted and then sentenced, or punished.
  • If there is any uncertainty or lingering doubt, or if the trial evidence is equally consistent with an innocent explanation, the accused must be found not guilty, also termed acquitted. In that situation, the accused simply walks out of the courtroom and the case is finished.
  • When the accused has been convicted a presentence report may be ordered. This is generally a highly personal 6-8 page report that gives the judge a better understanding of the accused’s background and personal situation before imposing sentence.