Glossary

You will find commonly used legal terms in this glossary. You can click on the letter to jump to the words that begin with that letter or scroll down the page.

h

Habeas Corpus

Habeas Corpus is an extraordinary remedy made by application to Supreme Court that challenges the validity of a person's detention in jail.

Hearing

In law, a proceeding before a judge to determine questions of law and/or questions of fact, whether the hearing of an application or the hearing of a trial. A Court Hearing is a hearing in court before a judge. A case conference is a less formal meeting with the judge at the courthouse to determine certain issues.

Hearsay

When a witness gives information about something that she did not see herself and she only knows that thing because someone else told her about it or because someone else wrote about it.

Hybrid Offence

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.