Criminal Justice System Overview

A legal document that requires a person to appear in court to give testimony.

A court order that states you must attend court on a given date and time to provide information about a crime.

The process of gathering and reviewing all evidence related to a case, including documents and statements.

A meeting between the accused, the Crown, and a judge to discuss the case and potential resolutions.

A pre-trial meeting with the Crown to discuss options for resolving the case.

A specialized court designed to expedite delayed cases.

The period of time given to the accused to choose how to proceed with their case, such as a trial, plea bargain, or other alternative measures.

An alternative to trial that allows for a resolution of the case through community service or other programs.

Giving a solemn promise to tell the truth before providing testimony in court.

A crime committed when someone knowingly provides false testimony in court.

A program that offers support to victims and witnesses of crimes, including help with preparing for testimony.

The process of a lawyer reviewing evidence with a witness before they testify in court.

Legal documents containing statements made by a witness, important to review before testifying.

The right to use documents to refresh memory while testifying, with the judge's permission.

The least restrictive release option available to a judge when considering bail.

A set of rules a defendant must follow while awaiting trial on bail.

Information about a defendant's background, including cultural factors, that the court can consider when making bail decisions.

A formal argument presented to the court that explains how the principles of Gladue should apply to a specific case.

A criminal offence that occurs when a person breaks the conditions of their bail.

When a lawyer asks you questions after you've been asked questions by the other side.

Questions asked by the lawyer who did not call you as a witness. They are designed to challenge your testimony or get you to say something that helps their case.

The lawyer may suggest something and ask you to agree or disagree. Be truthful, even if their suggestion is wrong.

Listen carefully, answer only the question asked, stay calm, and be honest.

It means the lawyer thinks the question is inappropriate or doesn't relate to the case. The judge will decide if you must answer.

Tell the lawyer you've made a mistake and correct yourself. Don't be afraid to admit you don't know an answer or need clarification.

Say 'I don't know' or 'I can't remember'. Don't guess. If you don't understand the question, tell the lawyer.

Refusing to answer a valid question from the judge can result in punishment, including a fine or jail time.

The first stage of questioning during a trial where the lawyer who called the witness asks open-ended questions to encourage them to share their story in their own words.

The second stage of questioning where the opposing lawyer asks more targeted questions to challenge the testimony or elicit specific information, often in a more confrontational style.

The process of taking an oath or affirmation to tell the truth before giving testimony.

The court recorder captures your testimony by recording your voice using a microphone.

The lawyer who calls you to testify will ask you open-ended questions to get you to tell the court what you saw or heard in your own words.

You can only testify about your firsthand experience and knowledge - what you saw, heard, or felt.

The lawyers and judge may listen to the recording of your testimony later to make decisions and arguments.

You may have to wait a while before being called to testify, so be sure to be prepared and focused.

A legal principle that requires courts to consider the unique circumstances and systemic background factors of Indigenous people when sentencing them.

The systemic discrimination faced by Indigenous people due to historical and ongoing injustices, leading to increased incarceration rates.

The practice of considering alternative sentencing options before resorting to jail for Indigenous offenders.

The concept that jail should be the last resort when sentencing an Indigenous person.

The process of applying Gladue principles when determining a sentence length, after jail has been chosen.

The legal requirement to consider alternatives to detention, such as bail conditions, before keeping an Indigenous person in custody.

The importance of disclosing one's Indigenous identity to legal counsel to ensure that Gladue principles are applied throughout the legal process.