Aboriginal & treaty rights: defense used by Aboriginal peoples when CCC violations contradict their constitutional rights
alibi: criminal defense claiming that the accused person was not in the same location of the crime at the time it was committed
appeal: an application to a higher court to review the decision made by a lower court
automatism: condition where a person acts without being aware of what he or she is doing at the time
bailiff: court official that provides courtroom security, prisoner escort/transfer, and jury security
battered woman syndrome: specific criminal defense used by women who are victims of prolonged partner abuse, and who physically harm their partner
burden of proof: the Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt
character evidence: evidence used by the defense to establish the likelihood that the defendant is the type of person who would or would not commit a certain offence
circumstantial evidence: indirect evidence that leads to a reasonable inference of the defendant’s guilt
compulsion or duress: criminal defense that argues that the accused was forced to commit illegal act against their will, and under threat of violence
court clerk: court official that assists the judge
court reporter: used to be the person responsible for typing court transcripts as trial happened...now done electronically
cross examination: the second questioning of a witness to test the accuracy of the testimony that they’ve provided
Crown counsel (prosecutor): lawyers representing the government responsible for instituting legal proceedings against the accused
Crown rebut: opportunity for the Crown to contradict any evidence that has already been introduced by the defense
defense counsel: lawyers responsible for representing the accused
defense: the denial of, or a justification for, criminal behaviour
defense of a dwelling: form of self-defense that allows for reasonable force to defend a dwelling from intruders, as well as to remove them from dwelling
defence surrebuttal: opportunity for the defense to respond to the Crown’s rebut
direct evidence: the testimony given by a witness to prove an alleged fact
direct examination: the first questioning of a witness during a trial to determine what they observed about the crime
double-jeopardy: criminal defense based on the legal premise that an accused person may not be charged with the same crime twice
duty counsel: free lawyers provided for criminal consultations when people are arrested or brought before a court
electronic evidence: the use of any electronic device to overhear or record communication between two or more people
entrapment: criminal defense used against police conduct that illegally induces the defendant to commit an illegal act
eyewitness: people who actually see a crime happen
hearsay statement: evidence given by a witness based on information they received from a third party, instead of what they’ve witnessed themselves
immaterial or irrelevant questions: questions that have no direct application to the case at hand
insane automatism: form of automatism caused by a mental disorder
intoxication: condition where a person loses control because of being overpowered by drugs or alcohol
judge: court official appointed to try cases in a court of law, and to sentence convicted person
jury: group of 12 people responsible for determining guilt or innocence in some criminal trials
justice of the peace: court official who has less authority than a judge, but can still issue warrants and perform other judicial functions
leading question: a question worded in such a way as to elicit a specific response
mental disorder: defined by the CCC as a “disease of the mind” (ie. the 'insanity defense')
mistake of fact: criminal defense stating that the accused made an honest mistake that led to breaking the law
mistake of law: the criminal defense arguing ignorance of the law, usually because of a misunderstanding
motion for dismissal: a formal request by the defense to the judge that charges be dropped
necessity: criminal defense that states that the accused had no reasonable alternative to committing the illegal act
non-insane automatism: form of automatism caused by some type of external factor
non-responsive answer: when a witness provides an answer that doesn’t directly answer the question
opinion statement: opinions offered by regular people, instead of knowledgeable responses made by recognized experts
polygraph test: test using a device that detects changes in pulse, respiration, and blood pressure when a person lies…’lie detector test’
preliminary hearing: a judicial hearing to determine whether there is enough evidence to have an accused stand trial
provocation: criminal defense that states that the actions or words were insulting enough to cause a reasonable person to lose control
self-defence: the criminal defense involving the use of reasonable force to defend against an attack
voir dire: mini-trial during a trial in which jurors are excluded while the admissibility of evidence is discussed
witness: person that gives evidence under oath (or affirmation) in a court
Blair, A., Costiniuk, W., Moles, G., O’Malley, L., & Wasserman, A. (2009). Law in Action - Understanding Canadian Law (2nd Ed.). Pearson.
Canada's Court System. August 4, 2024. Department of Justice Canada. https://www.justice.gc.ca/eng/csj-sjc/ccs-ajc/pdf/courten.pdf
Canada Evidence Act. August 9, 2023. Justice Laws Website. Government of Canada. https://laws-lois.justice.gc.ca/eng/acts/c-5/fulltext.html
Courts of BC. August 11, 2023. Justice Education Society. https://courtsofbc.ca/
Courts of BC - Court of Appeal. August 5, 2024. Justice Education Society. https://youtu.be/z0YgLOPrPJ8
Courts of BC - Overview. August 5, 2024. Justice Education Society. https://youtu.be/mN_doGZlSP4
Courts of BC - Provincial Court. August 5, 2024. Justice Education Society. https://youtu.be/JI3Ax30Rols
Courts of BC - Supreme Court. August 5, 2024. Justice Education Society. https://youtu.be/K_ATJJSGuhk
Criminal Law Handbook. August 11, 2023. Canadian Judicial Council. https://cjc-ccm.ca/sites/default/files/documents/2021/Criminal%20%20Handbook%20-%20EN%20MASTER%202021-10-19.pdf
Gehl, R. & Plecas, D. (2017). Introduction to Criminal Investigation: Processes, Practices and Thinking. BCcampus. https://pressbooks.bccampus.ca/criminalinvestigation/
Gibson , D.L., Murphy, T.G., Jarman, F.E., & Grant, D. (2003). All About Law (5th Ed.). Thomson Nelson.
The Courts of British Columbia. August 11, 2023. British Columbia Superior Courts. https://www.bccourts.ca/
Types of Cases. August 4, 2024. Provincial Court of British Columbia. https://www.provincialcourt.bc.ca/types-of-cases
Stages in a Criminal Case. August 11, 2023. Provincial Court of British Columbia. https://www.provincialcourt.bc.ca/types-of-cases/criminal-and-youth/stages-criminal-case