The lowest level of sentence an adult offender can receive. Even though they are found guilty, no conviction is registered and they do not have to follow any conditions. The discharge will stay on their criminal record for a year and then will be automatically removed.

Emotional, financial, physical, psychological, sexual or verbal maltreatment of a person or animal.

Is a term from the federal Divorce Act which refers to the visits of a child with the parent who doesn't have the child's primary residence. See also: Parenting Time and Contact.

Specialized government agencies or professional bodies that make decisions and adjudicate disputes between people and the government or professional organization.

Facts and things that an adjudicator can consider when making a decision about a case.

In family law, the act or process of taking another person's natural child as one's own. The child then becomes the adopting parent's legal child as if the child were the adopting parent's natural child, while the natural parent loses all rights and obligations with respect to the child.

The act of a married person voluntarily engaging in sexual intercourse with a person other than his or her spouse. (Infidelity/Cheating). Proof of adultery is grounds for an immediate divorce, providing that the other spouse has not consented to nor forgiven the adulterous act.

Person who represents another person and can act in their place. (An agent who is not a lawyer can represent a party at a court appearance. A lawyer representing a party is called a counsel.)

Alternative Dispute Resolution is the use of arbitration, negotiation, mediation and out-of-court settlements as opposed to litigation in the resolution of legal disputes, especially those under civil law. The purpose of ADR is to offer a less conflict-oriented and/or less expensive way to resolve a dispute than litigation. See also Arbitration and Mediation.

Alternative or extrajudicial measures are used most often for young offenders and provide an opportunity for a person charged with a crime to avoid the formal justice system. They may include victim/offender reconciliation, community service, or payment of fines. Such programs are usually reserved for first time, non-violent offenders.

A proceeding one can take to end an invalid marriage (For example, if one spouse was already married, or if the husband and wife found out they were brother and sister).

An appeal is an application to have a lower court's decision reviewed by a higher court. Either party can apply if they are unhappy with the decision, however in some cases you need permission before you can appeal a matter.

When you attend court to appear in front of a judge, master, or justice of the peace on a matter relating to your case.

An Appearance Notice is a document asking someone to go to Court. It may be given to the accused by the officer at the scene, when the accused has not been arrested, requiring the accused to appear before the Court on a certain date. It may also be given to a witness, asking them to come to court to testify in a trial.

Party who appeals a decision.

The party who makes an application.

A party’s request made to a tribunal, asking the tribunal to order something. The document contains a party’s request to a tribunal. Applications usually deal with matters that need to be resolved before trial such as asking the other party to disclose documents.

In Provincial Court, family litigation is started with this application. In the Supreme Court, litigation is started with the Notice of Family Claim.

To select a person or a group of people for an official position or to do a job. Provincial Court judges are appointed by the Provincial Government.

A dispute resolution process in which the parties pick the person who will resolve their dispute (called the Arbitrator) and agree to be bound by the arbitrator's decision.

Presentation to convince the court or tribunal to make a certain decision. Can involve presenting case law and a review of the facts of the case to show why the adjudicator should make a finding in their favour. Also known as submissions.

A hearing in which criminal charges are formally read, the accused enters their plea and a trial date is set.

In family law, arrears refers to spousal and/or child support that has not been paid (the payor - the person paying maintenance - has fallen behind in making his or her support payments).

Before a charge is laid, the police have the power to arrest. For most indictable offences, a police officer can arrest without warrant if the officer on reasonable grounds believes that the person has committed or is about to commit an indictable offence. For all other offences, an officer can only arrest if s/he finds the accused committing the offence, the public cannot be served without arresting the individual and/or has reasonable and probable grounds to believe that the arrest is necessary to ensure that the accused will appear in court.

Assault is a crime in which a person hits or physically hurts another person without consent, or threatens to hit or physically hurt them, and that person believes that he or she can or will do it.

Any item worth money that is owned by a person, especially if it could be converted to cash.

Bad faith can mean many things: acting dishonestly, tricking a person, deliberately not doing what should be done, committing fraud, deliberately discriminating against a person, abusing power given by the government or the law, being unfair or unreasonable.

Bail is the temporary release of someone charged with a crime until their trial date. Depending on the circumstances, the accused person may need to follow certain conditions or pay a deposit into court inorder to be released. You can be charged for failing to follow your bail conditions. Also known as Judicial Interim Release.

A bail hearing is the process by which an accused person is released on bail pending his / her trial. Also known as a Show Cause hearing or Judicial Interim Release hearing.

The test that judges use when they make decisions about parenting and children in family cases. The needs and well-being of the children are the most important factors. The judge must decide what is best for the children rather than what is best for the parents.

In criminal cases, the Crown has to meet a standard of proof beyond a reasonable doubt inorder for the judge or jury to make a finding of guilt. It is a higher standard than required for civil cases but less than absolute certainty. The Crown must show that the evidence is so complete and convincing that the judge/jury has no reasonable doubts regarding the guilt of the accused.

Builder’s legal claim on somebody's property as security for a debt. While there is a lien on the property, it cannot be sold. A builder’s lien is often made when there is a dispute over contractors or subcontractors pay.

In criminal law, the burden of proof usually refers to the onus on the Crown to prove the guilt of the accused beyond a reasonable doubt. In civil cases, the burden is on the person making the claim to prove that the other party is legally responsible for the damage or injury. 

The law based on past decisions by judges. Case law reflects how the courts interpret laws. In common law legal systems, judges are required to follow decisions of other judges from higher courts in their own province as well as the Supreme Court of Canada.

A document that proves the date of your divorce.

Document guaranteed to be an exact copy of an original document.

A name for a Supreme Court courtroom where applications (not trials) are heard.

Pre-trial matter heard before a judge or master of the court.

If the court is satisfied that it is expedient to the ends of justice and/or an accused may not have a fair trial in the original venue (usually the courthouse nearest to where the alleged incident occurred), then upon application the Court may order that the trial be moved to another location. Often, pre-trial publicity will be advanced as a reason to change the venue.

Child support is the legal right of a child to receive financial support from his or her parents. That right exists whether or not the child's parents were ever married and whether or not they ever lived together. Step parents may also be required to pay Child Support. See also In Loco Parentis and Child Support Guidelines.

A disagreement between two parties.

With the written consent of the Attorney General an accused may be tried on an indictable matter in Supreme Court without a preliminary inquiry preceding the trial.

A disagreement or argument about something.

Federal law that gives the Supreme Court the authority to grant divorces and, as part of the divorce, to deal with child support and spousal support, child custody and access. Only married couples are covered under the Divorce Act. Support, parenting arrangements, guardianship and contact as well as property division for unmarried couples is covered under the Provincial Family Law Act.

See Alternative Measures.

Something that can be shown to be true, to exist, or to have happened. In a legal case it is based on or concerned with the evidence presented. Matters of fact are issues for a judge or a jury to decide.

The Criminal Code categorizes two types of offences, Indictable and Summary Conviction. Hybrid offences (sometimes known as dual offences) are those which Crown can proceed with under either category. The decision will be based on the seriousness of the circumstances, when the offence occurred, whether or not the accused has been previously convicted of a similar offence and the likely sentence to be incurred. Once the Crown decides and advises the Court, the offence is treated as the kind the Crown has chosen. See Indictable Offence and Summary Conviction Offence.

The formal document charging criminal offences at the Provincial Court level.

A first appearance describes the first time the accused is asked to come to court. 

The accused, charged with an indictable offence, has elected to be tried in Supreme Court by a Judge and jury.

Money paid as child support or as spousal support

An order in which a Judge orders one person to stay away from another person. The judge will usually prohibit both direct and indirect contact (such as getting another person to pass a message) between the two people as well. 

In Supreme Court, the document that starts a family law case. It sets out information about the claimant and respondent, their relationship, and the final orders the claimant wants. If applying jointly with a spouse for a divorce, a Notice of Joint Family Claim is used. 

 When a party opposes certain evidence presented by the other party or the way in which the other party is proceeding with its evidence.

A duty created by the law or something that has to be done.

An official crime.

Answers given by a witness in testimony at a hearing.

A plan developed by parents who have separated. The plan is a document which sets out the decisions the parents have made about their children including such issues as support, parenting responsibilities, and parenting time.

 A crime or infringement of a law or rule with respect to parking regulations.

Particulars are information about the alleged offence, which is contained in the Crown file and is disclosed to the defence and/or accused person (i.e. police narrative, witness statement). This is vetted to ensure no confidential material is disclosed. Also called Disclosure. 

The person who petitions the court to take action in a civil case.

A pre-trial conference is a meeting between Crown and defence, in the presence of the trial judge to discuss the case before the trial begins. It is used to check to make sure everyone is ready to proceed with the trial as scheduled. 

Land together with all the property on it that cannot be moved, together with any attached rights.

The Court may order the offender, on application of the Crown, or on its own, to pay monetary compensation (restitution) where loss, damage or injury has resulted from the offence to the victim.

A court order compelling somebody to carry out an obligation, often something stipulated in a contract.

The court order or agreement under the Divorce Act which states exactly when and for how long the children will be with their other parent. See Access.

Financial support paid to a former spouse under a court order or agreement. Sometimes called maintenance; sometimes referred to as alimony in other locations outside BC. Spousal support is distinct from Child Support or Special or Extraordinary Expenses.

By law, most federal inmates are automatically released after serving two-thirds of their sentence. This is called statutory release.

A subpoena (pronounced sub-pena) is an official court document, which orders a witness to come to Court to give evidence.

A judge of the Supreme Court that sits for at least half-time.

Trafficking means the buying and selling of something, particularly if the trade is illicit. Trafficking may include drug trafficking, arms trafficking, and other illicit goods. Trafficking in humans includes, but is not limited to, domestic and international trade and transportation of individuals for the purposes of labour and prostitution.

Also referred to as an Uncontested Divorce. An uncontested divorce is one in which no response is filed. This is one way to obtain a divorce when the parties agree about the divorce and related issues such as custody, access, support, and guardianship.