When a person is found guilty or pleads guilty but the judge decides it is not necessary to convict them. The person then has no criminal record. See Criminal Code section 730. 

A claim that a person has committed a crime. 

When, at the end of a trial, the judge finds the accused not guilty of committing the crime.  

A document setting out facts that you swear under oath or affirm to be true. In some cases a lawyer, notary public or commissioner of oaths must witness your signature and sign your affidavit.   

When a witness promises to tell the truth in court without referring to religious belief. An affirmation has the same effect as a sworn oath.  

A solemn promise to tell the truth without reference to religious belief. It has the same effect as a sworn oath.  

The age at which someone can legally consent to sexual activity. The age of consent in Canada is 16, except for young people who are close in age or married. 

Arraignment hearing. At this hearing, the criminal charge against the defendant is formally read to them. The accused person states whether they will plead guilty or not guilty, and in some cases, whether they request a preliminary hearing.

An accusation of wrongdoing against someone that is not yet proven to be true. 

To say something that has not yet been proven to be true.  

A process where a neutral person helps people reach agreement (also called "ADR").  

Instead of going to court, the police or Crown prosecutor might give someone charged with a less serious crime an opportunity to accept responsibility by making amends to the victim and the community. For example, they might apologise and/or pay compensation for damage. 

Short for Amicus Curiae – Latin for “friend of the Court” – refers to a lawyer who participates in a court proceeding as an impartial advisor, not as a party’s lawyer.

Application. Applications are specific documents submitted by either party in a court case. They ask the court to make a decision on a matter.

An official notice telling an accused person they must appear in court at a specific time and place to respond to a criminal charge.  

A hearing where the criminal charge against the defendant is formally read to them. The accused person states whether they will plead guilty or not guilty and in some cases, whether they request a preliminary hearing. What happens at an arraignment hearing depends on the type of criminal offence the defendant is charged with.  

Payments that are required by an agreement or a court order but not paid. Often used in family court to describe payments not made for child or spousal support. Also used in small claims court for payments required by a payment order that are not made.  

A law school graduate working under the supervision of a lawyer.  

An order made by a judicial justice or a judge releasing an accused person from jail until their trial and requiring them to obey certain conditions (rules) and return to court on a specific date. The legal term for bail is “judicial interim release”. 

British Columbia Family Maintenance Agency is responsible for monitoring and enforcing all support orders and agreements that are filed with the program. Formerly called Family Maintenance Enforcement Program (FMEP).

British Columbia Provincial Court

British Columbia Supreme Court

The best interests of the child is a legal test in family law used to decide what would best protect the child’s physical, psychological, and emotional safety, security, and well-being. See section 37 of the BC Family Law Act.  

An expression used in law to mean the judge or jury deciding the case is very sure that the accused is guilty. In a criminal case, Crown counsel must prove the charges beyond a reasonable doubt. 

The supreme law of the country, defining how government is organized, how it will function and setting out individuals’ fundamental rights and freedoms. The Constitution of Canada includes the Constitution Act, 1867, and the Constitution Act, 1982. 

An administrative or procedural order to help a case proceed fairly and efficiently.  

The legal basis on which a civil claim is brought.

Continuing custody order is an order under the Child, Family and Community Services Act (CFCSA) making the Director of Child Protection the guardian of a child.

Controlled Drugs and Substances Act is the federal law dealing with drug offences.

Child, Family and Community Services Act is the Provincial law addressing child protection matters in BC.

The area of law dealing with the safety and well-being of children and governed by BC’s Child, Family and Community Service Act or Indigenous child protection laws. 

The money one parent pays to another parent to help support the children if the parents do not live together.  

An agreement that specifies how much child support a parent must pay. It may be a separate agreement or may form part of an agreement dealing with other issues.

The Federal Child Support Guidelines are the rules used in BC for calculating the amount of child support one parent must pay to the other parent to help support their children. 

A government employee who provides information and helps parents and guardians to obtain or change child support agreements and orders. 

A court order that specifies how much child support a parent must pay. It may be a separate order or may form part of an order dealing with other issues. 

The person (or company, society etc.) who begins a lawsuit in a small claims case. The claimant files a Notice of Claim form asking for a court order.  

Consult legal counsel

Not a legal term, but often used to describe unmarried couples who live together in a marriage-like relationship for some time. See section 3 of the Family Law Act.

A sentence other than imprisonment. One where the offender lives in the community and is bound by the rules of a probation order or conditional sentence. 

An animal that is kept primarily for companionship. It is usually a family pet. Although the BC Provincial Court cannot make orders about other types of family property, it can deal with possession and ownership of companion animals.  

When a person is found guilty or pleads guilty but the judge decides it is not necessary to convict them if they obey the rules (conditions) of a probation order. If they obey all the rules, at the end of their probation they will not have a criminal record. See Criminal Code section 730.  

A jail sentence served in the community. The offender does not live in jail but is supervised by BC Community Corrections. They must follow certain rules (conditions). 

An order a judge can make to help prevent disputes or resolve underlying problems in a family law matter. 

A process where someone helps people reach agreement (also called “CDR”). It includes mediation, facilitated negotiation, or the collaborative law process. Separated parents, for example, can use CDR to reach their own agreement instead of having a judge decide for them. 

Making a plea of guilty or not guilty using a Consent Arraignment form instead of appearing before a judge. This form may also be used for elections, setting dates for hearings in certain circumstances (see CPD 1 CCFM Practice Direction and CRIM 08). 

A court order made by a judge when the parties agree on what the order should say. Parties may be able to file some consent orders in the court registry and have them signed by a judge without appearing in court.  

Serious disrespect for a court or a court order. Being in contempt of court is an offence that can result in a fine or jail sentence. 

A hearing to decide whether a child should remain in the custody of the Director after a temporary custody order expires. See section 49 of the Child, Family and Community Service Act.

An accused person is convicted when they plead guilty or are found guilty and the judge does not grant them a discharge.  

Jail or penitentiary. A provincial correctional centre (jail) is for offenders whose sentences are for less than two years. A federal correctional centre (penitentiary) is for offenders whose sentences are for two years or more. 

A Court Services Branch employee who helps the judge inside the court room. Some of their responsibilities include recording the court proceedings, marking and recording the list of exhibits and swearing in witnesses. 

Justices of the peace are employed by the Court Services Branch of the Ministry of the Attorney General (Government of BC). They work in court registries in positions such as court manager and court clerk. Their powers are delegated by the Chief Judge.

Canadian Police Information Centre. 

A list of criminal convictions matching a name and birthdate, provided by the Canadian Police Information Centre.

A person to whom money is owed. 

The specific criminal offence a person is accused of committing. If a person is charged, it means that charges have been laid against them.  

Criminal Code of Canada (CCC) is the federal law that applies across Canada and sets out criminal offences, sentences and how a criminal case proceeds. A judge must follow the law in the Criminal Code. 

An act that breaks a law that relates to how to behave in society. The harm caused by the act is seen to be against society as a whole, not just a specific person. Sometimes it refers to the specific law that was broken. 

A list of a person’s convictions for criminal offences and the sentences they received. Criminal records are kept in central computer systems most police agencies across Canada can access. 

When a lawyer or person without a lawyer questions a witness presented by another party. The party presenting the witness questions them first.  

Independent lawyers with the federal or provincial prosecution service. Crown counsel do not represent the government, police or victim of crime. Rather, they perform their function on behalf of the public. Crown counsel may also be referred to as Crown, Crown prosecutors or prosecutors.

Civil Resolution Tribunal is an online dispute resolution tribunal that is separate from the Court. The tribunal deals with civil claims up to $5,000 and some other claims.

In the criminal context, CSO means conditional sentence order. CSO also refers to Court Services Online which is an electronic service of the Ministry of Attorney General which provides online access to some court record information from the Provincial Court and Supreme Court. It also allows e-filing of some documents.

A jail sentence in which an offender is kept in custody.  

Defense counsel

A person who owes money. 

The lawyer(s) representing an accused person (a person charged with committing a crime). 

When the person who called a witness to testify (or their lawyer) questions that witness. 

The person designated under the Child, Family and Community Services Act (CFCSA) with child protection powers and duties that are delegated to social workers. The name may differ under Indigenous child protection laws. 

The person designated under the Family Maintenance Enforcement Act (FMEA) with duties and powers to enforce orders for child and spousal support. Also see BCFMA.

When a person is found guilty or pleads guilty, but the judge decides that a conviction and criminal record are not necessary. A discharge may be absolute (with no conditions) or conditional (with rules imposed in a probation order).  

Making the Crown’s case known to the accused person and their lawyer by providing information about the evidence. The prosecutor must disclose, or share, with the accused all relevant information gathered in the investigation so the accused can fully defend themselves against the charge. 

To reject something in court. For example, to dismiss an application or a criminal charge.  

An abbreviation for disposition court. This is where criminal charges are ended by a judge imposing a sentence or the Crown entering a stay of proceedings or withdrawing a charge.

A term often used to refer to mediation and other ways of resolving disputes by agreement.

A federal law. Divorce Act matters can only be addressed in BC Supreme Court, not in BC Provincial Court.

Director of Maintenance Enforcement

A lawyer paid by Legal Aid BC who can provide free legal advice and representation at a first court appearance and at a bail hearing, but not usually at trial. 

Objects or documents formally presented as evidence in a hearing or trial, accepted by the judge or judicial justice, and given an “Exhibit number” that can be used to refer to it. 

Options for dealing with a youth accused of committing a crime, instead of going to court. See the Youth Criminal Justice Act, Part 1.   

Formal measures used for dealing with a youth accused of committing a crime instead of going to court. More formal than extrajudicial measures. See the Youth Criminal Justice Act, Section 10.   

When an accused person does not attend a scheduled court appearance. Failing to appear in court is a criminal offence.

The division of the BC Provincial Court that grants court orders for guardianship, parenting arrangements, contact, child support, spousal support and protection under the Family Law Act. Child protection cases are also dealt with in family court. 

A process spouses can use to help them resolve a family law dispute out of court. It includes mediation, collaborative law and parenting coordination. 

Family Justice Centres operate across the province. They are staffed by family justice counsellors who provide free assistance with issues related to separation or divorce. 

A government employee who works out of a Family Justice Centre or Justice Access Centre in BC. Family justice counsellors are accredited family mediators. They are trained to help families with matters like parenting arrangements and support issues. 

The main provincial law that deals with family law issues in BC.

Family law matters are: parenting arrangements (parenting time and parental responsibilities); child support; contact with a child; guardianship of a child; spousal support; and, possession and ownership of a companion animal. 

A provincial law that deals with the enforcement of maintenance orders and arrears orders.

See BC Family Maintenance Agency.

If you filed an application or replied to an application in BC Provincial Court asking for an order under the Family Law Act, your first appearance in court will be at a family management conference.

This law no longer applies. It has been replaced by the Family Law Act which is now the main provincial law that deals with family law issues in BC.

Family violence includes physical, sexual, and psychological or emotional abuse of a family member. Family violence does not include self-defence. See the definition in section 1 of the Family Law Act.  

See Fix date appearance

Family duty counsel. Also see Duty counsel

Guidelines used to calculate child support in divorce and family law cases. Includes tables of support amounts for each province.

In criminal court, the first time an accused person must appear in court. 

A court appearance at which a date for another court appearance (such as a trial or hearing) is set.

Family justice counsellor or family justice centre

See Family Law Act

Family management conference

See Family Maintenance Enforcement Act

Family Maintenance Enforcement Program. Renamed to BC Family Maintenance Agency. See BC Family Maintenance Agency

Evidence collected through scientific methods, including fingerprint analysis and DNA tests in criminal cases.  

Family settlement conference

See Failure to appear

See Fix date appearance

Guilty plea

A guardian is responsible for their child’s care and upbringing. A parent is generally a guardian of their child, unless they have never lived with the child. 

Legal responsibility for a child’s care and upbringing.  

When a person admits (pleads guilty) or is found by the judge or judicial justice (found guilty) to have committed the crimes they are charged with. 

See Initial Appearance Room

A Latin term that indicates a hearing or portion of a hearing that restricts the public or press from taking part.

More serious offences (for example, break and enter, aggravated sexual assault and murder). A person charged with some indictable offences may choose to be tried in Provincial Court or by a BC Supreme Court judge or jury, possibly after having a preliminary hearing.  

Sometimes called a first appearance. When an accused person attends court and a judicial case manager, justice of the peace, or judge tells them what offence or offences they are charged with.

The courtroom where people who are not in custody make their first appearance on a criminal charge.

The Interjurisdictional Support Orders Act is the provincial law setting out the process for getting or changing support orders when one person lives in BC and the other does not.

Justice Access Centre

Judicial case manager

See Judicial interim release

Justice of the peace

A judicial officer whose responsibilities include scheduling court matters. They may also hear initial appearances in criminal matters.

Release from custody of a person charged with a crime while they are waiting for their trial or appeal. The release order may require the defendant to obey certain conditions (rules) and return to court on a specific date. The legal term for “bail”. 

When a judge stops the criminal court process before the end of the trial. This happens very rarely. 

Justice Access Centres provide free assistance for family law and some Supreme Court BC civil issues. They are available in Abbotsford, Nanaimo, Surrey, Vancouver and Victoria, as well as virtually.

A computer program providing criminal case tracking and court administration records. The term "JUSTIN record" usually refers to a record of criminal convictions based on data from JUSTIN.

Free legal information, advice and representation for people who cannot afford a lawyer and who qualify for the services. Provided by Legal Aid BC.  

When a trial ends without a final judgment because there has been a fundamental problem with the process or when a jury in BC Supreme Court cannot reach a decision. 

Motor vehicle accident

A needs assessment is a meeting with a family justice counsellor to help identify both legal and non-legal needs related to a family law issue.  

See Notice of Claim

A sentence served by an offender somewhere other than at correctional facility. For example, an offender may be given probation and serve their time in the community with supervision. 

Failing to make information known (not allowing the information to be seen or heard).  

An accused person makes a “not guilty” plea at an arraignment hearing when they do not admit committing the offence. In a trial, when the prosecutor cannot prove beyond a reasonable doubt that a person committed an offence, the judge or judicial justice must find them “not guilty”. 

The form used to begin a case in small claims court. It explains who the claimant is, who they are suing, what happened, and what they are asking for.

A solemn promise to tell the truth sworn on a holy book or symbol.  

Evidence of the opinions or beliefs of a witness, rather than facts. A witness who is not an expert may usually only testify about facts, not opinions. An expert may give their opinion about matters outside people’s ordinary knowledge and experience.  

A decision to keep a criminal record separate from other criminal records. A pardon does not erase a convicted offence but rather removes it from the Canadian Police Information Centre database  unless revoked. Pardons have been replaced by record suspensions. 

Responsibilities guardians have when raising a child, including: daily decisions when caring for the child; decisions about education, religion and medical treatment; receiving information about the child from others; and protecting the child’s legal and financial interests. Parental responsibilities can be shared or divided between guardians by agreement or court order.   

The arrangements about how guardians will parent their child together. Parenting arrangements include how parental responsibilities and parenting time are shared.

A report prepared by a family justice counsellor, social worker or other person authorized by a judge to help determine what living situation will best meet the children’s needs. 

A specially-trained person who can help parents implement a child-related agreement or order. A parenting coordinator may become involved through agreement or by court order. 

Orders made about how you and the other parent will continue to parent your children after you separate. The orders describe parenting responsibilities and parenting time. 

The time a child spends with a guardian. During parenting time, a guardian makes day-to-day decisions about, and is responsible for, the care and supervision of the child.  

Gradual, controlled release of an offender by a Parole Board to help offenders re-integrate into society. Usually, the offender must follow certain rules (conditions) while on parole. Decisions about parole are not made by judges. 

A federal tribunal responsible for making decisions about parole and record suspensions. 

The person paying child and/or spousal support. 

An order made by a judge under s. 810 of the Criminal Code to help protect one person from another. A peace bond lists certain rules (conditions) that must be followed by the person the peace bond has been issued against. It may say that person must have no contact or limited contact with another person.  

Usually refers to a federal correctional centre where offenders with sentences of two years or more are held. 

Lying after you have sworn or affirmed to tell the truth.  

A numbered list containing standard wording for common court orders.

The statement an accused person makes in court when asked if they are guilty or not guilty of committing a  crime. 

See Proceed on new information

See Protection order

See Public Prosecution Service of Canada

A written report prepared by a probation officer to help the judge when deciding on a sentence. 

A meeting where the parties discuss with a judge what is needed to be ready for trial.

A hearing before a criminal trial where the judge decides if there is enough evidence to have a trial. Held only in cases involving indictable (serious) offences, when the prosecutor or accused person requests it. 

A short hearing held within seven days of a child being removed from their parent to decide whether the child should be returned to the parent or remain temporarily in the custody of the Director. See section 35 of the Child, Family and Community Service Act.

Removal or relocation of a child and certain actions by guardians that require a court order urgently. See the definition in section 2 of the Provincial Court Family Rules. The Rules shorten time limits for these matters to permit quick hearings.   

Being supervised in the community and following certain rules (conditions) as part of a sentence. 

A person who provides supervision, services and support to help offenders address the underlying causes of their criminal behaviour and avoid re-offending. 

An order made by a judge requiring an offender to follow certain rules (conditions) for a set period of time while they are serving all or part of their sentence in the community. 

When Crown counsel stays an information and lays a new one to replace it. 

An offender with a long criminal record. 

A document an accused signs when they are released from police custody, promising to appear in court on a specific date. 

To start or carry out legal proceedings against an accused person who has been charged with committing a criminal offence. 

A hearing to decide whether a child needs protection and whose custody the child should be in for a specified period. See section 40 of the Child, Family and Community Service Act.

In Family Law Act cases: An order made by a judge under the Family Law Act to protect one family member from another where there is a risk of family violence. In criminal court: An order made by a judge under s. 810 of the Criminal Code to limit or prohibit contact or communications between people where there is a safety risk. Legally called a “810 recognizance”, also called a “peace bond” or a “no contact order”.

A computer database of civil and criminal protection orders issued by BC courts or the police. 

See Pre-sentence report

Promise to appear in court

See Pre-trial conference

The federal government branch responsible for prosecuting drug and other federal offences.

See Report to Crown counsel

To become part of something again. In the case of an offender re-integrating into society, it means the offender returns to the community. 

Recognizance refers to a promise, made by an accused who is pending trial, to appear in court and answer to the criminal charges that have been brought against them. 

“Remanded in custody” means being held in custody until the next court date. “Remand” can also mean to postpone (adjourn) a criminal case to another date.  

A social worker may remove a child from their parents’ home if they have reasonable grounds to believe that the child needs protection and that the child’s health or safety is in immediate danger, or that no other less disruptive measure that is available is adequate to protect the child. See section 30 of the Child, Family and Community Service Act.

A document prepared by an investigative agency such as the police describing the circumstances of an alleged criminal or regulatory offence. 

The branch of the BC Government that provides information and dispute resolution services for residential tenancies.

Money a judge orders an offender to pay to a victim for financial losses the victim suffered because of the offender’s crime. This might cover, for example, lost wages or damaged property.  

A response to crime involving the offender dealing directly with the victim and representatives of the community to come up with ways to repair the harm caused by the crime and make amends. 

See Residential Tenancy Branch

An accused person’s right under section 530 of the Criminal Code to apply to have a trial or preliminary inquiry in English, French or, if the circumstances warrant, both English and French. May be abbreviated to "s. 530 rights".

An amount of child support added to the basic guidelines table amount to pay for certain kinds of special or extraordinary expenses specified in the Federal Child Support Guidelines such as dental expenses. May be abbreviated to "s. 7 expenses".

A party to a court case who does not have a lawyer speaking for them in court. Sometimes called an "SRL" or unrepresented party.  

A court order setting out the consequences of being convicted of a crime. Sentences may include fines, community supervision or jail.  

A sentencing hearing incorporating a traditional Indigenous method of dealing with members of the community who have broken the law. The circle is made up of the accused person, victim, families, Elders, other interested community members, the judge, Crown and defence lawyers and sometimes police. The circle aims to reach a consensus about a sentence to recommend to the judge. 

A court hearing where a judge hears submissions from prosecution and defence lawyers about how the offender should be sentenced. 

A written document that sets out how spouses have agreed to deal with things like parenting, support, and property after they separate. 

A one-hour streamlined small claims trial conducted by a justice of the peace adjudicator at the Robson or Richmond courthouses.  

See Stay of proceedings

See Summary Proceedings Court

An amount of child support added to the basic guidelines table amount to pay for certain kinds of special or extraordinary expenses specified in the Federal Child Support Guidelines such as dental expenses. May be abbreviated to "s. 7 expenses".  

Financial support paid to a former spouse under an agreement or court order. It used to be called maintenance and is sometimes called “alimony” outside BC. 

Automatic release into the community for the last third of a federal (two years or more) sentence, required by law. Offenders on statutory release are supervised during the remainder of their sentence and may have to follow certain rules (conditions).  

A decision by Crown counsel not to proceed with charges. The prosecution may be re-started within certain timelines. Also see Judicial stay of proceedings.

A document issued by the Court ordering a person to come to court to be a witness. It may also require them to bring evidence with them. (pronounced “sub-peena”) 

These are less serious offences. The maximum penalty for a summary offence is usually a $5,000 fine and/or six months in jail, although some summary offences have higher maximum sentences.  

(SPC) A courtroom in which trials expected to take less than half a day are scheduled.

Someone who promises to pay money if an accused released on bail does not obey their bail conditions or fails to attend court. 

A person who is believed to have committed a crime. 

A witness who has been sworn in has sworn an oath or made an affirmation to tell the truth.  

See temporary custody order

A temporary leave from prison, granted by prison officials, for things like medical treatment, counselling, or family visits.  

An order under the Child, Family and Community Services Act (CFCSA) making the Director of Child Protection the guardian of a child for a certain period of time.

To fix a date

The decision a judge or judicial justice makes about whether an accused person committed the offence they are charged with. In a criminal case, the verdict can either be guilty or not guilty.  

A written description by a victim of how a crime has affected them. It may include the physical, financial and emotional effects of the crime. The judge must consider it when sentencing the offender.  

A mini-hearing held during a trial to decide a legal issue, often to decide whether evidence can be admitted in the trial.  In criminal trials, a voir dire may be held to decide whether something a person said to a police officer can be admitted as evidence in their trial.  

See Youth Criminal Justice Act

Young offender. Youth under criminal law that fell under the Young Offenders Act, which was replaced by the Youth Criminal Justice Act

The federal law dealing with youth offenders aged 12 to 17.