Legal research glossary
Clear, plain-language definitions of the terms that come up in case-law research.
Absolute discharge
A sentencing outcome in which the accused is found guilty but not convicted, leaving no conviction on their record and no conditions to follow.
Actus reus
The physical element of a criminal offence: the prohibited act, omission, or state of affairs that the Crown must prove occurred.
Affidavit
A written statement of facts sworn or affirmed before an authorized official, used as evidence on motions and applications in Canadian courts.
Bail (judicial interim release)
The release of an accused from custody pending trial, reflecting the presumption of innocence and the Charter right not to be denied reasonable bail without just cause.
Binding authority
A legal source, such as a higher court's decision or an applicable statute, that a court must follow when deciding a case.
Charter remedy
Relief a court grants for a breach of the Canadian Charter of Rights and Freedoms, such as excluding evidence, a stay of proceedings, or striking down a law.
Civil law (Quebec)
The codified legal tradition governing private law in Quebec through the Civil Code of Québec, distinct from the common law used elsewhere in Canada.
Coming into force
The date on which a statute or provision actually takes legal effect, which may be on royal assent, a fixed date, or by order in council.
Common law
Judge-made law developed through precedent, and the legal tradition used in every Canadian province and territory except Quebec's private law.
Conditional sentence
A sentence of imprisonment served in the community under strict conditions, often called house arrest, available where statutory criteria are met.
Costs
Money a court orders one party to pay toward another's legal expenses, usually a partial indemnity paid by the loser to the winner in civil litigation.
Disclosure (Stinchcombe)
The Crown's duty to give the defence all relevant material in its possession, established in R. v. Stinchcombe, [1991] 3 S.C.R. 326.
Distinguishing a case
Arguing that a precedent does not govern because its material facts or legal issues differ from the case at hand.
Examination for discovery
A pre-trial step in Canadian civil litigation where a party questions an opposing party under oath, with answers usable at trial.
Factum
The written argument a party files in a Canadian appeal or motion, setting out the facts, issues, law, and relief sought.
Gladue report
A pre-sentencing report on an Indigenous person's background and systemic factors, prepared to help courts apply R. v. Gladue sentencing principles.
Headnote
An editor-written summary at the start of a reported decision outlining the facts, issues, and holding; useful for research but not part of the law.
Hybrid offence
A Criminal Code offence the Crown may prosecute either summarily or by indictment, choosing the procedure and penalty range.
Indictable offence
The more serious category of Canadian criminal offence, carrying higher maximum penalties and often giving the accused a choice of trial mode.
Injunction
A court order requiring a party to do or refrain from doing something, granted as an equitable remedy where damages would not suffice.
Leave to appeal
Permission a party must obtain from a court before an appeal can proceed, required for most appeals to the Supreme Court of Canada.
Limitation period
The statutory deadline for starting a legal proceeding, after which the claim is barred; in most provinces a basic period runs from discovery of the claim.
Mens rea
The mental element of a criminal offence, such as intent, knowledge, or recklessness, that the Crown must prove alongside the guilty act.
Neutral citation
A court-assigned, publisher-independent case citation in the form year, court code, and decision number, e.g. 2016 SCC 27.
Noting up
Checking how a case, statute, or section has been treated by later courts to confirm it is still good law before relying on it.
Obiter dicta
Remarks or observations in a judgment that are not essential to the decision and are therefore persuasive but not binding.
Per curiam
Latin for 'by the court': a judgment issued in the name of the whole court rather than attributed to an individual judge.
Persuasive authority
A legal source a court may consider and follow but is not required to, such as decisions from other provinces or foreign courts.
Pinpoint citation
A citation that directs the reader to the exact paragraph or page of a decision being relied on, e.g. 2014 SCC 7 at para 28.
Precedent
A previously decided case that guides or binds courts deciding later cases with similar facts or legal issues.
Ratio decidendi
The legal principle or reasoning that is essential to a court's decision and is binding on lower courts.
Reading in
A constitutional remedy in which a court adds words to an underinclusive law so it complies with the Charter, instead of striking it down.
Regulation
Subordinate legislation made under the authority of a statute, filling in the detailed rules the enabling act leaves to government.
Reported decision
A decision selected for publication in a law report series; contrasted with unreported decisions, which are equally valid but historically harder to find.
Royal assent
The final step by which a bill becomes an act, granted by the Governor General federally or a Lieutenant Governor provincially.
Sentencing range
The span of sentences courts have imposed for similar offences and offenders, used as a guideline rather than a binding rule in Canadian sentencing.
Stare decisis
The doctrine that courts should follow precedent set by higher courts in the same jurisdiction.
Statute
A written law enacted by Parliament or a provincial or territorial legislature, also called an act; a primary source of Canadian law.
Style of cause
The formal name of a case, listing the parties, e.g. R. v. Jordan or Hryniak v. Mauldin; the Canadian term for a case name.
Summary conviction offence
A less serious category of Canadian criminal offence, tried in provincial court without a jury or preliminary inquiry, with lower maximum penalties.
Summary judgment
A procedure for resolving a civil claim without a full trial where there is no genuine issue requiring one, expanded by Hryniak v. Mauldin, 2014 SCC 7.
Voir dire
A hearing within a trial, held in the jury's absence where there is one, to decide the admissibility of evidence or other preliminary questions.
Without prejudice
A label for settlement communications signalling they are protected by settlement privilege and generally cannot be shown to the court.