Glossary of definitions

As close to an absolute certainty as possible. There must be no other logical explanation except that the defendant committed the crime.

A person charged with committing a criminal offence.

The decision that a person accused of a crime is found not guilty. Once acquitted, a person cannot be tried again for the same offence.

An unproven accusation. This includes a criminal charge that has not yet been proved in court. Lawyers and the courts use this term because accused people have the right to be considered innocent until proven guilty in court. Use of this word does not mean that the lawyer does not believe you.

To have a trial decision reviewed by a higher Court. This is not a new trial and no witnesses are required to give evidence.

This is often the first court appearance for an accused person following an arrest. The accused is read the charge(s) against them and will either plead guilty or not guilty.

An intentional use of force by one person against another person, or an attempted or threatened use of force. There may or may not be injuries.

In a criminal matter, the burden of proof is on the Crown. This means that the Crown must prove that the defendant is guilty beyond a reasonable doubt. A defendant doesn’t have to prove their innocence. In a civil matter, the burden of proof is on the plaintiff. The plaintiff must prove that the defendant has likely caused them harm.

An individual who witnesses an incident but is not part of it. An active bystander intervenes after witnessing harassment, discrimination, or other inappropriate conduct.

The system for legal cases that involve settling disputes between private individuals, or a claim between a person and government, business, etc. This can include suing another person, disputing a contract, settling issues related to a separation or divorce, or many other issues and cases.

The term often used by police or the courts to refer to a person who has made a complaint about a criminal incident to police. The complaint may or may not lead to criminal charges against an accused person.

When a lawyer is working for two clients with competing interests.

A voluntary agreement, given willingly, to a specific sexual act, at a specific time. The person giving consent fully understands what is happening, is old enough to consent, and is mentally capable of giving consent. The law requires that a person take reasonable steps to find out whether the other person is consenting. The age of consent to sexual activity in Canada is 16. In some situations, a person must be 18 years old to consent to sexual activity (if the other person has a relationship of trust or authority over them, if it involves exploitative activity, if they are dependent on the other person, etc.).

Federal law that defines the types of behaviours that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.

When the government believes a person has committed a crime, it brings the person to Criminal Court for trial. In Newfoundland and Labrador, Criminal Court may be either at the Provincial Court or the Supreme Court, General Division.

After one side is finished, the other can ask questions. These can be leading, ‘yes’ or ‘no’ questions that are meant to poke holes in the witness’s story.

A Crown Attorney, sometimes called a prosecutor, is a lawyer that works for the Government. They represent the best interest of the public and are responsible for making sure that the criminal justice process is fair to everyone involved, including the accused, the complainant and the public. They do not represent or work for the survivor in a criminal matter. A survivor does not get their own lawyer. A survivor can hire a lawyer for support and guidance, but they cannot represent you at most court hearings.

An award of money ordered by the court to compensate a person for injury, loss, or damage suffered because of another’s act.

A defence lawyer is a lawyer who represents a person charged with a criminal offence. It is the defence lawyer’s job to ensure that the rights of the accused are protected throughout the criminal process

Defendant is the language used by the court in civil cases. The defendant is the person being sued for having caused harm.

If one side calls a witness, they can only ask direct, or non-leading questions. However, the other side has the opportunity to cross-examine the witness.

An accused person may be “discharged” by the judge following a preliminary hearing. This means that the judge has determined that there is insufficient evidence to send the case to trial. If the accused is discharged on all counts, then the matter will be completed.

A copy of the evidence that the Crown and police have collected. This package of evidence is given to the accused and their lawyer so that they can see the full evidence being presented against them.

Treating someone unfairly because of their personal characteristics.

An emergency document issued by Provincial Court that a judge can grant quickly when family violence has occurred. Commonly referred to as an EPO, this order is temporary, with a maximum duration of 90 days. An EPO can place restrictions on the respondent (person you are requiring protection from).

Evidence in a criminal trial can include witness testimony, physical evidence, photographic evidence.

Defined in the Family Violence Protection Act and includes the following behaviours:

• Intentional physical assault causing the worker to fear for their safety
• An intentional, reckless, or threatened act or omission that causes damage to the worker or to property or reasonable causes fear of same
• Forcible confinement without lawful reason
• Actual or threatened sexual violence
• Stalking behaviour (following, contacting, observing, etc.) causing fear in the worker
• Behaviour that causes psychological or emotional harm or a reasonable fear of that harm, including a pattern of behaviour that undermines the psychological or emotional well-being of a worker
• Behaviour that controls, exploits, or limits the worker’s access to financial resources
• The deprivation of food, clothing, medical attention, shelter, transportation, or other necessities of life.

Stalking, following, or doing certain other things that frighten or intimidate a person and make them fear for their safety. Sexual harassment can include any unwanted conduct, behaviour, action, or words of a sexual nature.

These are the types of offences where the Crown can choose to proceed by either summary conviction or indictment. These types of offences cover the majority of Criminal Code offences including assault and sexual assault.

The effect or consequence of an action. The impact of behavior of a sexual nature is more important than the person’s intentions in determining sexual harassment.

These are more serious offences of the Criminal Code, typically carrying a higher maximum sentence. Certain types of assault are indictable offences.

The purpose or intention of an action, from the actor’s point of view. A person’s good intent is not relevant in determining whether behavior may be sexual harassment.

A photo, video, or recording of a person who is nude, semi-nude, or engaged in sexual activity.

Intimate partner violence is a prevalent form of gender-based violence (GBV). It refers to multiple forms of harm caused by a current or former intimate partner or spouse. IPV can occur in real life (IRL) or online public and private spaces, and may include physical abuse, criminal harassment (i.e., stalking), sexual violence, emotional/psychological abuse, financial/economic abuse, spiritual/cultural abuse, reproductive coercion, coercive control, and technology-facilitated violence (i.e., cyberviolence).

There is potential for lawsuits about sexual harassment, but it can be tricky (not necessarily able to sue a person due to sexual harassment, for example, but could be potential for suing related to other things, such as constructive dismissal from a job).

Liable is the language used by civil court when someone is found to be legally responsible for causing harm.

A time period set by law that states how long a person has to start a legal action or exercise a legal right. Except in rare circumstances, if the limitation period has ended, the person will no longer have the right to start a legal action or bring a case to the courts. Depending on the nature of the case, there may be a limit on when a civil lawsuit can be started.

Another word for legal proceedings or a lawsuit.

Migrant domestic workers have ‘limited escape or recourse when facing sexual harassment as they are live-in workers and rely on the sponsorship of their employer to remain in the country. This also demonstrates the difficulty of dealing with sexual harassment for domestic workers, where there is no formal mechanism for their complaints’.

• Welsh, S., Carr, J., MacQuarrie, B., & Huntley, A. (2006). “I’m Not Thinking of It as Sexual Harassment” Understanding Harassment across Race and Citizenship. Gender & Society, 20(1), 87-107.

A provincial law in Newfoundland and Labrador that prevents people from discrimination and harassment at work if the person, company, business, organization, or association someone is complaining about operates under provincial law.

A provincial law in Newfoundland and Labrador that imposes certain minimum conditions on all workplaces that ensures that workers are provided with an environment that neither impairs their health or risks their safety.

A common name for the application for ‘disclosure of third-party records.’

A person who has been charged with committing a criminal offence.

A court order that places specified conditions on an individual’s behaviour. Anyone who fears for their safety can make an application.

A person who commits an offense or crime.

Bodily fluids and other DNA-producing evidence which may be used to prove the identity of the accused. Physical evidence may be used to prove a sexual act took place. The purpose of the physical evidence will depend upon the issue of trial.

Plaintiff is the language used by the court in civil cases. The plaintiff is the person who initiates the civil lawsuit. They are seeking a remedy, or compensation, for harm that was done to them.

The accused’s formal statement of ‘guilty’ or ‘not guilty’.

Before a trial the Crown and defence lawyer can engage in plea negotiations, whereby in exchange for a guilty plea, the Crown may drop or reduce some of the charges against the accused.

An earlier case that provides a guideline or rule to judges for deciding a later case.

A hearing to decide if there is enough evidence to have a trial.

Personal characteristics that a person is born with or acquires later in life. The NL Human Rights Act includes the following prohibited grounds for discrimination:

• Race: a socially constructed way of grouping people based on stereotypical physical or social characteristics.
• Colour: your skin colour.
• Nationality: you were born outside Canada and/or you are a citizen of a foreign country.
• Ethnic Origin: you share an origin or background, culture and tradition or language with a group of people.
• Religious creed: your religious or spiritual beliefs.
• Religion: your belief in a particular faith or your genuinely held religious beliefs. It can also mean that you do not have religious beliefs. Religion differs from religious creed in that religion refers to the particular system of faith or worship that a person adopts (e.g., Islam, Christianity, Judaism).
• Age: stereotypes based on a person’s age of being too young or too old.
• Disability: The Human Rights Act defines disability as:
  • a degree of physical disability
  • a condition of mental impairment or a developmental disability
  • a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or language, and
  • a mental disorder

• Perceived Disability: you have or have had a disability; are believed to have or have had a disability; or have or are believed to have a predisposition to developing a disability.
• Disfigurement: you have burns, scars or other disfiguring conditions that are visible, but that do not cause any functional limitations. It is not meant to cover piercing or tattooing, unless for religious or cultural reasons.
• Sex: your classification as male, female or intersex based on biological attributes, such as external genitalia, reproductive organs, chromosomes and hormones. Generally, individuals are assigned a sex at birth by a medical professional, often on the basis of their external genitalia. The prohibited ground of sex also includes those that are pregnant or breast-feeding.
• Sexual orientation: your physical, romantic and/or emotional attraction to another person.
• Gender identity: your internal and individual experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum.
• Gender expression: how you publicly present or express your gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and voice. A person’s chosen name and pronoun are also common ways of expressing gender.
• Marital status: your status of being single, engaged to be married, married, separated, divorced, widowed or in a common law relationship. The prohibited ground of marital status also protects you from discrimination because of the identity of the person you are in a relationship with.
• Family status: The Act defines family status as the status of being in a parent and child relationship. A “child” includes a stepchild and an adopted child and “parent” includes a step-parent and an adoptive parent. The prohibited ground of family status protects you from discrimination if you have special child care or elder care responsibilities. Source of income: The Act defines source of income as being in receipt of income or employment support under the Income and Employment Support Act.

• Political Opinion: your political belief or support of a political party. Also includes non-partisan or politically neutral beliefs.
• Conviction for an offence: you were discriminated against because of the conviction for an offence that is unrelated to your employment. The prohibited ground of conviction for an offence only applies when you are looking for a job or at work.
• Association with other individuals: because of your friendship, kinship or other relationship with an individual or a group of individuals identified by one of the prohibited grounds.
• Retaliation: you were discriminated or harassed because you previously filed a human rights complaint.

Section 276(1) of the Criminal Code of Canada restricts the admissibility of evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person.

A form of compensation awarded to the person who has been harmed. The type of compensation will depend on the harm caused, however in most cases the remedy is money.

Sentencing refers to punishment for a criminal offence. It may take place right after an offender has pled guilty or been found guilty, or it may occur at a sentencing hearing.

When people in a dispute come to an agreement themselves (often with the help of a lawyer) on how to resolve the claims without going to court.

Any sexual activity committed without the consent of the other party. This may include unwanted kissing, fondling or sexual touching, rape (forced intercourse), or using a weapon to force sexual activity.

A SAEK is used to collect forensic evidence after a sexual assault. A healthcare professional may collect samples from anywhere on your body that the offender may have touched during the assault. Clothing and undergarments may be collected as evidence. SAEKs can be completed at many different points in time, however there is a greater chance of collecting physical evidence within 72 hours of the assault.

A SANE is a health care professional who has advanced training and education in medical and forensic assessment of a person who has been sexually assaulted. A SANE aims to provide options and choices about medical care and/or police reporting, provide medications to prevent infection and pregnancy, and connect patients with counselling services so they have appropriate support in moving forward if they choose to.

Any conduct, comment, gesture, or contact of a sexual nature that is likely to cause offence or humiliation to any employee; or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

Broad term that describes a continuum of sexualized aggression, abuse, and violence. It includes any form of violence, physical or psychological, carried out through sexual means or by targeting sexuality. Sexual Violence can be any behaviour or action wherein sex or sexuality is used to dominate, humiliate, or subdue another person.

A non-legal term that is used to describe any violence, including physical or psychological violence, that is carried out through sexual means or by targeting sexuality. Each survivor will interpret sexual violence differently based on their own personal and unique experience. It includes any act that happens without consent of a person, including physical or psychological violence, carried out through sexual means, of a sexual nature, or by targeting sexuality.

The level to which a case must be proven in order to find someone guilty (criminal) or liable (civil). The standard of proof in criminal matters is beyond a reasonable doubt, the highest level of proof. The standard of proof in civil matters is a balance of probabilities, meaning proof that the defendant likely caused harm.

An account of the events that occurred. It may be provided in writing, audio or video recording. It may be used as evidence in court.

Also called ‘Summons to Witness’, a subpoena is a court order requiring a witness to come to court.

These are less serious offences under the Criminal Code. Charges must be laid within 6 months. For most summary conviction offences, there is a maximum sentence of six months in jail and a fine of $5,000 or both.

The term survivor and victim are both often used when talking about sexual violence and/or intimate partner violence. You may or may not identify with this term, depending on the impact of your experience and where you are in your healing process.

Supports that make it easier for survivors and/or witness to testify in court.

A form of evidence that may be oral or written. When you provide testimony, this is your opportunity to tell the court what happened.

The Criminal Code is a document which compiles most, if not all, criminal law. It contains a list of offences and the penalties that might be imposed

A document with personal information for which there is a reasonable expectation of privacy. Some examples include notes taken by a counsellor, therapist, psychologist or doctor; hospital records; records from an employer or school; the survivor’s personal journals. The accused can ask for the record by submitting an application to the judge, see O’Connor application.

Tort law refers to a set of laws that are designed to provide remedies for people who have been harmed. Unlike criminal law, tort law is not intended to punish people.

Causing or tending to cause annoyance, frustration, or worry.

An individual who suffers physical or mental injury, or economic loss because of a crime. Primary victims are those who were the direct victim of a crime. Secondary victims may have been victimized by some association with the crime, but not as a direct target.

A victim impact statement is your chance to tell the judge, Crown attorney, defense counsel and accused, in your own words, how the crime has affected or is still affecting you. The judge is required by law to consider your victim impact statement, if you provide one, before sentencing the accused. It is important to note that Victim Impact Statements may be accessed by the media.

The use of this evidence is rare but becoming more common. There have been cases built on video taken by the accused.

A person who saw a crime or was a victim of a crime.