BACK

---

GLOSSARY

---

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

TOP	A
	Administrative -Concerning executive or ministerial action. An administrative agency is a governmental body which administers and implements particular legislation. e.g. the Parole Board.
	Administrative discretion -The performance of acts required to be done by an administrative agency may depend upon considerations not entirely susceptible of proof or disproof and which, considering the circumstances and the subject matter, cannot be supplied by the legislature.
	Admissions -Confessions, concessions or voluntary acknowledgements by one party of the existence of certain facts which are relevant to the cause of his adversary (the opposite party).
	Affidavit -A written statement of facts made voluntarily and confirmed by the oath of the party making it, the oath having been sworn to before a person authorized by law to take oaths or affidavits such as a Commissioner, Notary Public or other official.
	Amendment -To alter by modification, deletion or addition.
	Amnesty -A general pardon of past offences granted by government
	Appeal -Resort to a superior court to review a decision of an inferior court or administrative agency.
	Appellant -The party who appeals.
	Appellate - Appealed to; taking cognizance of appeals.
	Applicant - The party who brings a petition or application.
	Attainder -At common law, the legal consequences of a judgment of death or outlawry in respect of treason or felony, by forfeiture of real estate (land) and other personal property, corruption of blood, so that the condemned could neither inherit nor transmit by descent and generally, extinction of all civil rights and capacities.
	Audi alteram partern -Both sides should be heard before a decision is given.
	Automatic forfeiture -To lose something automatically, usually by operation of law
TOP	B
TOP	C
	Calendar of sentences -A summary of the sentences imposed.
	Certificate of conviction -Under s570 of the Criminal Code, where an accused is convicted of an indictable offence, the judge or magistrate shall cause a certificate of conviction to be drawn up when requested to do so by the accused, the prosecutor or a peace officer. Also see s667.
	Certiorari -A writ, issuing from a superior court, upon the complaint of a party that he has not received justice in an inferior court, or cannot have an impartial trial, by which the records are called up for trial in the superior court. Under s18 of the Federal Court Act certiorari in respect of the review of a decision of a federal board is in the exclusive jurisdiction of the Trial Division of the Federal Court.
	Certiorari in aid -Usually in "aid" of habeas corpus, to determine the lawfulness of confinement. (See Certiorari)
	Classification Officer -A person employed by the Corrections Service who is responsible for classifying a prisoner as maximum, medium or minimum for security purposes and otherwise assisting the prisoner in various capacities throughout the period of his or her sentence.
	Commissioner of Corrections -A person appointed by the Governor in Council, the Cabinet, who, under the direction of the Solicitor General of Canada, has control and management of the Penitentiary Service and all matters connected therewith. See the Penitentiary Act, ss2, 5-14.
	Commissioner's Directives -Under s37(3) of the Penitentiary Act the Commissioner may make rules "for the organization, training, discipline, efficiency, administration and good government of the Service" and for the custody, treatment, training, employment and discipline of Inmates and the good government of penitentiaries,"
	Concurrent sentences -Two or more terms of imprisonment all or part of each term of which is served simultaneously, and the prisoner is entitled to discharge at the expiration of the longest term specified. See Parole Act, s20.
	Consecutive sentences -When one sentence is to follow another in time, the second sentence is consecutive. See Parole Act, s20.
	Correctional Institute -A generic term describing persons jails, reformatories and other places of correction and detention.
	Corruption of blood -The effect of an attainder by which the blood of the person attainted was held to have become corrupted by his crime, so that he could no longer hold land, nor leave it to heirs, nor could his descendents inherit from him. See Attainder.
	Counter-claim -A claim set up by a defendant in opposition to the claim of the plaintiff.
	Court of Record -A court whose proceedings are permanently recorded.
TOP	D
	Day Parole -See s2 of the Parole Act. Day parole is included in the definition of parole under s17(2) of the Criminal Law Amendment Act, 1977. The prisoner goes out on parole for the day or several days returning on certain nights to the prison.
	Declaration (declaratory judgment) -A remedy for the determination of a justiciable controversy where the plaintiff is in doubt as to his legal rights. A binding adjudication of the rights and status of the litigants even though no consequential relief is awarded.
	Definite or determinate sentence -A sentence calling for imprisonment for a specified period of time as contrasted with an indeterminate sentence which leaves duration to prison authorities and good behaviour of the prisoner.
	Detention Order -Under s515(5) of the Criminal Code where the prosecutor shows cause why the detention under trial of an accused is justified, the justice shall so order. In effect, denying bail to an accused person awaiting trial.
	Discretion -When applied to public bodies, means a power conferred upon them by law to act officially in certain circumstances, according to the dictates of their own judgment uncontrolled by the judgment of others, but in accordance with the law. As applied to public officer, it means power to act in an official capacity in a manner which appears to be just and proper under the circumstances. See also Judicial Discretion.
	Discretionary remedy -A remedy which is not available as of right but is given at the court's discretion. The court can decline to grant the remedy even though it may do so.
	Dissociation -Solitary confinement.
	Disposition -Sentencing or other final settlement of a criminal case.
	Due process -The regular course of the administration of law through the courts according to the rules and principles which have been I established in our system of jurisprudence for the enforcement and protection of private rights. The essential elements of due process of law are notice and the opportunity to be heard and to defend in orderly proceedings adapted to the nature of the case. See s1(a) of the Bill of Rights.
	Duty to act fairly -The duty that falls upon all administrators to act "fairly" in a procedural sense. In other words, the administrator must, as a minimum, let the party who may be affected by his decision know the case against him and give him a fair opportunity of answering it or of being heard.
TOP	E
	Earned remission -Pursuant to s25(1) of the Penitentiary Act, RSC 1985, every inmate was credited with fifteen days remission of his sentence in respect of each month during which he had applied himself industriously. Also, see s6 of the Prisons and Reformatories Act, 1985. In other words, time off for good behaviour.
	Equality before the law -The law is to be applied to everyone equally in the sense that all members of society, private persons and government officials alike, must be equally responsible before the law.
	Error of law -An error of the court in applying the law to the case on trial. A mistake of law as opposed a mistake of fact.
	Escheat -The lapsing of land or other property to the Crown on the death of the owner without a Will and without heirs or the loss of other property put up as security and certain conditions of the security are not complied with.
	Executor -A person appointed by a testator (the person making the Will) to carry out the directions in his Will after his death.
	Extradition -The surrender by one state of a person accused or convicted of a crime to the authorities of another state in which the crime was committed.
TOP	F
	Factum -A statement of facts and legal argument presented to a court.
	Fair opportunity -It is one of the principles of fundamental justice that an accused be given a fair opportunity to present his case and to know the evidence relevant to the matters he is called upon to face. See Ex Parte McCaud.
	Fixed term -See Definite sentence.
	Forfeiture -In old English law, the loss of land by a tenant to his lord as the consequence of some breach of fidelity. The loss of goods or chattels as a punishment for a crime or misdemeanor and as compensation for the injury against the person to whom they were forfeited.
	Fundamental justice -See Ex Parte McCaud. The basic principles of fundamental justice require that an accused be fully informed of the offence he is alleged to have committed, that he be given a fair opportunity to present his case and to know the evidence relevant to the matters he is called upon to face and that the decision be arrived at judicially, upon material properly before the court and not capriciously or in reliance upon some consideration not relevant to the charge.
TOP	G
	Gaol -As distinguished from a prison, it is a provincial institution for the punishment of lighter offences for which a prisoner has been sentenced to less than two years imprisonment. See the Prisons and Reformatories Act. Also applied to local police lock-ups or prisons where the prisoners are on remand awaiting their trial and have not been sentenced yet.
TOP	H
	Habeas corpus -A writ requiring a person to be brought before a judge or into court for the purpose specified in the writ. In common usage, and whenever these words are used alone, they are usually understood to mean habeas corpus ad subjiciendum which requires a person restrained of liberty to be brought before a judge or into court, so that the lawfulness of the imprisonment might be determined. Provincial superior courts have exclusive jurisdiction to grant habeas corpus. Since certiorari is in the exclusive jurisdiction of the Trial Division of the Federal Court there is some question as to whether an application can be made to a provincial superior court for habeas corpus with certiorari in aid.
	Habitual criminal -A recidivist. Under s688 of the Criminal Code, 1970 where an accused who was convicted of an indictable offence was found to be an habitual criminal, and the court was also of the opinion that because of this it was expedient for the protection of the public to sentence him to preventative detention, it could so sentence him in lieu of any other sentence that might have been imposed. An accused was an habitual criminal for the purposes of s688 if (a) he had previously, since attaining the age of 18, been convicted of at least three separate indictable offences each punishable by imprisonment for five years or more, and had been leading a persistently criminal life, or (b) he had been previously sentenced to preventative detention. Section 688 has been repealed and substituted by s14 of the Criminal Law Amendment Act, 1977. Also see Preventative detention.
TOP	I
	Indicia -Facts which give rise to inferences.
	In forma pauperis -In the form of a poor person. A litigant permitted to proceed in this manner will be exempted from liability to pay court costs.
	Inherent power -A power vested in the court, which is not derived from any statutory authority.
	Injunction -An equitable remedy granted by the court whereby one who threatened to invade or has already invaded the rights of another is restrained from commencing or continuing such wrongful act, or is commanded to restore matters to the position in which they stood prior to his action.
	Inter alia -Among other things.
	Interlocutory injunction -A temporary injunction issued during the process of litigation for the purpose of preventing injury to the petitioner prior to the time that the court will be in a position to grant or deny permanent relief on the merits.
	Interrogatory -A written question drawn up for the purpose of being put to an accused person or witness.
	Intervenant -One who intervenes in a suit to which he was not originally a party.
TOP	J
	Judicial interim release -Release by a judge of an accused between the time of his committal for trial and the completion of the trial itself. See ss515 and 522 of the Criminal Code.
	Judicial review -An appeal from an administrative body to the courts for review of either the findings of fact or of law, or of both.
	Jurisdiction -The right and power of the court or judge to adjudicate concerning the subject matter in a given case.
	Jurisprudence -A body of law.
	Justice of the Peace -A judicial magistrate of inferior rank having jurisdiction over minor criminal offences and other matters pertaining to the initiation of legal process.
TOP	K
TOP	L
	Litigant -A party to a lawsuit.
TOP	M
	Magistrate -A judge or other judicial official of a lower court. The term formerly used for Provincial Court judges.
	Mandamus -A writ issued by a superior court directed to an inferior court, a corporation, an officer, etc., commanding the performance of a specified act within the scope of its/his duty, or directing the restoration of the complainant to rights or privileges of which he has been illegally deprived. To compel someone to do something that they have a legal duty to do.
	Mandatory supervision -Under s21(1) of the Parole Act an inmate released from imprisonment prior to the expiration of his sentence as a result of remission (including earned remission) the term of which exceeds sixty days, shall be subject to mandatory supervision. Mandatory supervision may be suspended and revoked in the same way as parole.
	Merits -The substantial question at issue in an action.
	Motion -Written or oral application to court for a ruling or order made before, during or after trial.
TOP	N
	National Parole Board -Pursuant to s3 of the Parole Act, it is a Board consisting of not more than 36 members appointed by the Governor-in-Council to hold office during good behaviour for a period not exceeding 10 years. Pursuant to s13 of the Act as repealed and substituted, 1977, the Board has exclusive jurisdiction and absolute discretion to grant parole or a temporary absence without escort pursuant to the Penitentiary Act and the Prisons and Reformatories Act and to terminate or revoke parole or to revoke subject to mandatory supervision.
	Necessity -A person is excused from criminal liability where he acts in an emergency to protect life, health or property in a reasonable way and with no acceptable alternative. The law will excuse the commission of a lesser evil to avoid a greater evil when there are no other peaceful, effective alternative remedies open. The circumstances in which this defence might apply cannot be defined beforehand.
	Nullity -Having no legal effect.
TOP	O
	Oral Argument -The presentation of the appellant's or respondent's argument before the appellate court.
	Order-in-Council -An order passed by Cabinet to make regulations.
TOP	P
	Pardon -An act of grace from government responsible for the execution of laws which gives an individual either a free or a conditional exemption from the legal consequences of his crime.
	Parole -This is the authority granted under the Parole Act to an inmate to be at large during his term of imprisonment and includes day parole.
	Parole Board -See National Parole Board.
	Parolee -An inmate who is on parole.
	Penitentiary -An institution that is operated by the Corrections Service of Canada to house inmates who have committed serious criminal offences punishable by sentences of two or more years.
	Penitentiary Service -The name formerly applied to the Canadian Corrections Service.
	Penitentiary Service Regulations -Section 37(1) of the Penitentiary Act permits the Governor-in-Council to make regulations "(a) for the organization, training, discipline, efficiency, administration, and good government of the Service; (b) for the custody, treatment, training, employment and discipline of inmates; ...and (g) generally, for carrying into effect the purposes and provisions of this Act."
	Persona designata -A person pointed out as an individual, as opposed to a person ascertained as a member of a class. A specifically designated person.
	Petition -A formal, written application to a court requesting judicial action on a certain matter.
	Petitioner -The party who presents the petition to a court. The person against whom the action is taken or relief requested is called the respondent.
	Petition of right -A petition to obtain restitution from the Crown of either real or personal property, which is used where the Crown is in possession of any such property to which the petitioner asserts a right which disputes the title of the Crown.
	Pith and Substance -The central or essential aspect of a law. A test used in constitutional cases to determine whether the essential character of a law is in relation to a matter coming within either federal or provincial jurisdiction under the British North America Act.
	Plaintiff -The party who brings an action or requests relief. The prosecution in a criminal case.
	Preliminary hearing -A hearing before a justice to determine whether there is sufficient evidence to commit an accused for trial, held in accordance with the procedure set out in Part XV of the Criminal Code.
	Preventative detention -Under s688 of the Criminal Code, 1970, where an accused convicted of an indictable offence was found to be an habitual criminal and the court was also of the opinion that because of this it was expedient for the protection of the public to sentence him to preventative detention, it could so sentence him in lieu of any other sentence that might have been imposed. Section 688 has been repealed and substituted by s14 of the Criminal Law Amendment Act. Under this section the court may impose a sentence in a penitentiary for an indeterminate period in certain cases where an accused has demonstrated a propensity to commit crimes of a violent nature. See also Habitual criminal.
	Prison -See Penitentiary.
	Privileged communication -Certain communications made by parties within a special relationship such as solicitor-client are protected by law from forced disclosure on the witness stand. The privilege belongs to the client and can be waived by him or her.
	Probate -The court procedure whereby a will is proved to be either valid or invalid.
	Probation -A system of releasing on suspended sentence during good behaviour persons convicted of some lesser offence (especially young persons and first offenders), and placing them under the supervision of a probation officer.
	Probation Officer -One who supervises a person placed on probation.
	Proclamation -A formal declaration causing a matter to be made gene- rally known.
	Production -The exhibiting of a document in court.
	Prohibition -A writ issuing from a superior court forbidding an inferior court or tribunal possessing judicial or quasi-judicial powers from proceeding in a suit on the ground that it is beyond or in excess of its jurisdiction.
TOP	Q
	Quash -To make void; to throw out; to put an end to.
	Quasi -Resembling but not really the same as.
	Quasi-judicial -The action, discretion, etc. of public administrative officers or bodies who are required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis of their official action, and to exercise discretion of a judicial nature.
	Quia timet -Because he fears (some future probable injury to his rights or interests).
	Quo warranto -A writ, prerogative in nature, addressed to preventing a continued exercise of powers that are not conferred by law; it is not ordinarily available to regulate the manner of exercising such powers.
TOP	R
	Reformatory -An institution to which juvenile offenders are sent with a view to their reformation.
	Registrar -An officer in charge of keeping a registry.
	Registry -A book recognized by law, kept for the recording or registration of facts or documents.
	Remand -To send back or adjourn a matter.
	Remanet -That which remains.
	Remedy -The means by which a right is enforced or the violation of a right is prevented, redressed or compensated.
	Remission -A decrease in a term of imprisonment provided for by the Penitentiary Act and the Prisons and Reformatories Act. See Earned remission; Statutory remission.
	Respondent superior (Let the master held to be responsible.) -A master is liable in certain circumstances for the wrongful acts of his servant where the servant was acting in the course of his employment when such acts occurred.
	Respondent -The party who contends against an appeal. In legal proceedings begun by a petition the person against whom action or relief is prayed or who opposes the prayer of the petition.
	Review -A judicial or administrative re-examination of a decision by some court of authority other than the one which made such decision.
	Right to counsel - See the Bill of Rights, s2(c), (d) and (e).
	Royal amnesty - Thirty days of remission are granted for each year of sentence
	Royal prerogative -The rights and capacities which the Queen alone enjoys.
TOP	S
	Segregation -Solitary confinement
	Show cause -A presentation to the court of reasons why a particular order should not take effect.
	Solicitor-client privilege -See Privilege.
	Solitary confinement -To confine a person by himself in a special area away from other prisoners and usually as additional punishment or for the good order of the institution.
	Special correctional unit -A euphemism used for solitary confinement or a special area set aside for a special class of prisoners.
	Special handling unit -See Special correctional unit.
	Standing Orders -Section 8 of the Penitentiary Regulations permits the institutional head of a penitentiary to issue Standing Orders which include all orders that are peculiar to his institution.
	Statute of Limitations -A statute prescribing a specified period of time within which certain legal actions must be taken or criminal charges laid.
	Statutory remission -Under s22(1) of the Penitentiary Act, 1970 a person sentenced to penitentiary for a fixed term was, upon being received into the penitentiary, credited with statutory remission amounting to one-quarter of his sentence as time off subject to good conduct. Subsequently, statutory remission was abolished and s25(1) of the Act, 1985, provides that every inmate shall receive 15 days earned remission in respect of each month during which he has applied himself industriously.
	Submission -The act of submitting a matter to a person for decision or consideration.
	Superior Court -See s2 of the Criminal Code. In British Columbia, the Supreme Court and the Court of Appeal.
	Suspended Sentence -Although an accused is convicted he is not required to serve the sentence imposed but is usually required to spend time on probation and if he breaches his probation, he can be charged with breach of probation and also brought back and be subjected to the original sentence.
	Suspension of Parole -Under certain circumstances parole may be suspended. See s22 of the Parole Act.
TOP	T
	Testator -One who makes a will; one who has died leaving a will.
	Tribunal -A court of justice; a judicial assembly; a person or group of persons appointed to hear or make decisions with respect to matters coming before them. The Tribunal can be judicial, quasi-judicial, or purely administrative.
TOP	U
	Ultra vires -Beyond their powers. Generally applicable to excess of authority of any kind.
TOP	V
	Valid -Having legal force. A document which is on its face valid has apparent legal force.
	Vested rights -Rights which are not contingent; not subject to being defeated by a condition precedent. An absolute title to the present or future enforcement of a demand.
TOP	W
	Warrant -An order issued by some executive authority empowering a ministerial officer to make an arrest, seizure, search or to execute a judicial sentence.
	Writ -A writ, command or formal order issued by a court directing or enjoining the person or persons to whom it is addressed to do or refrain from doing some act specified therein. Also, the originating document commencing certain kinds of legal proceedings.
	Writ of Error -A writ issued from a court of appellate jurisdiction, directed to the judge or judges of a court of record, requiring them to remit to the appellate court the record of an action before them, in which a final judgment has been entered, in order that examination may be made of certain errors alleged to have been committed, and that the judgment may be reversed, corrected, or affirmed, as the case may require.
TOP	X
TOP	Y
TOP	Z

TOP