Difference between pages "Welfare and Health Supplements (21:X)" and "Criminal Law Glossary (1:App F)"

Revision as of 22:55, 30 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 4, 2021.

Absolute Discharge

An accused pleads guilty or is found guilty but has no conditions or probation period imposed. There will be no conviction on the criminal record.

Accused

The person whom the Crown charges with a criminal offence.

Actus Reus

An essential element of the criminal offence; what the accused physically did to commit the crime.

Adjournment

A postponement; an accused or clinician can ask for this at an appearance if they need more time before deciding what to do about the charge.

Admission

A statement made by an accused to a civilian witness.

Agent

An appearance made by a person other than the accused acting on behalf of the accused.

Alternative Measures

A program offered by Crown to divert the offender away from the criminal justice system. No guilty plea is made and charges are stayed. An acknowledgement of guilty and expression of remorse are required by the client.

Appeal

Formally contesting the verdict or sentence.

Appearance Notice

A notice provided by a police officer requiring the accused to attend court at a certain date and time.

Arraignment Hearing

A hearing in front of a Judge or JP where the accused decides whether to plead guilty or go to trial.

Bail

Refers to the release (or detention) of a person charged with a criminal offence prior to a trial or guilty plea.

Bail Conditions

Release conditions imposed on an accused that they must abide by in order to be released from custody prior to trial or plea.

Bench Warrant

A bench warrant is an order issued by a judge requesting the detention of a person until they can appear in court. Such an order is often issued because a defendant did not appear in court.

Complainant

The person who usually makes the report to the police about having been the victim of a crime.

Conditional Discharge

A period of probation imposed on an accused where after the period is complete, no convictions will appear on a criminal record.

Conditional Sentence

A conditional sentence is a jail sentence that you serve in the community instead of jail. Judges will use a conditional sentence only if they are satisfied that you won’t be a danger to the community and do not have a history of failing to obey court orders.

Confession

A statement of guilt made to a police officer or another person in authority.

Cross-Examination

The interrogation (leading questions) of a witness called by the other side.

Crown Counsel

Lawyers appointed by the government who prosecute criminal cases.

Custodial Sentence

A sentence served in jail.

Detention

A suspension of an individual’s liberty by physical or psychological restraint.

Direct Examination

Where the defence or Crown questions its own witnesses.

Disposition

If a matter in court is “for disposition,” this means there will be a guilty plea instead of a full trial.

Duty Counsel

Lawyers paid by the government who work in the court house and advise accused with basic legal information and basic court appearances.

Election

For indictable offences, where the accused can decide whether to have their case tried in Provincial Court or Supreme Court (and with or without a jury).

Ex Parte

Proceeding without the accused present.

Hearsay

Evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them.

Hybrid Offence

An offence where the Crown can choose to proceed either summarily or by indictment. The majority of Criminal Code offences are hybrid.

Judicial Case Manager

A JP who controls the calendar for the court and sets trial dates.

Justice of the Peace (JP)

A person appointed by the government to conduct certain tasks in court (like initial appearances), fix trial dates, and hear bail applications.

Indictable Offence

A more serious criminal offence where the maximum sentence could be life imprisonment. There is no time limit to when charges can be laid (e.g., an accused can be charged 20 years after an act has occurred). The exception to this point is treason, which has a 3-year limitation period.

Information

The document which sets out the specific offences the accused is charged with.

Initial Appearance(s)

An appearance before a JP or Judge where the accused can decide how to proceed. There can be multiple initial appearances.

Initial Sentencing Position

The sentence Crown would seek if the accused were to plead guilty and not go to trial.

Insufficient Evidence Motion

A motion made by defence at trial claiming Crown has not proven the case beyond a reasonable doubt.

K-File

A file where the accused and complainant are family members. The most common is spousal assault.

Mens Rea

An essential (mental) element of the criminal offence (an intention to commit the crime).

No Evidence Motion

When the Crown has presented the case against you, if you feel that they have failed to prove all the things that had to be proved, you can make a no-evidence motion. This means that you are asking the judge to dismiss the case, without hearing the defence evidence.

Particulars

The disclosure package provided to the accused by the Crown containing all of the relevant evidence in the Crown’s case against the accused.

Preliminary Inquiry

A hearing held in provincial court to determine if there is enough evidence to move forward to the trial in Supreme Court. The Preliminary Inquiry is available to all accused persons charged with offences that proceed by way of indictment. A preliminary inquiry is a hearing to determine whether there is sufficient evidence to proceed to trial. A preliminary inquiry is not a trial.

Pre-Sentence Report

A report that can be ordered by a judge after a guilty plea has been entered and prior to sentencing in order to recommend an appropriate sentence for the accused.

Report to Crown Counsel

Summary of the police narrative and any witness statements taken with respect to the case.

Sentence

What punishment the judge decides the accused should be subject to when found guilty.

Summary Conviction Offence

A less serious offence where the maximum jail term is usually 6 months and maximum fine is $5,000.

Summons

A written order by a judge or JP requiring the accused to attend court at a certain date and time.

The Bar of the Court

The partition in the courtroom between where the lawyers sit and where the general public sits.

Vacating a Warrant

In order to vacate a bench warrant, the client will need to appear before a judge and apply to be re-released on bail.

Verdict

After the trial, the judge returns a finding of guilty or not guilty.

Voir Dire

An in-trial hearing that is considered a separate hearing from the trial itself. It is known as a "trial within a trial" and is designed to determine an issue separate from the procedure or admissibility of evidence.

Witness

Anyone called to give evidence at a trial.

@@ Line 1: / Line 1: @@
-{{REVIEWED LSLAP | date= July 02, 2019}}
+{{REVIEWED LSLAP | date= August 4, 2021}}
-{{LSLAP Manual TOC|expanded = welfare}}
+{{LSLAP Manual TOC|expanded = criminal}}
-== A. Introduction ==
+'''Absolute Discharge'''
+*An accused pleads guilty or is found guilty but has no conditions or probation period imposed. There will be no conviction on the criminal record.
-Schedule C of the EAR and EAPWDR set out the availability of supplements for health and dental services, including optical and orthodontic services. See also Part 5, Division 5 of the EAR and Part 5, Division 4 of the EAPWDR.
+'''Accused'''
+*The person whom the Crown charges with a criminal offence.
-== B. General Health Supplements ==
+'''Actus Reus'''
+*An essential element of the criminal offence; what the accused physically did to commit the crime.
-Section 67 of the EAR and s 62 of the EAPWDR set out the eligibility criteria for general health supplements. These criteria should be reviewed carefully in relation to any issue relating to a health supplement.
+'''Adjournment'''
+*A postponement; an accused or clinician can ask for this at an appearance if they need more time before deciding what to do about the charge.
-== C. “Medical Services Only” ==
+'''Admission'''
+*A statement made by an accused to a civilian witness.
-Section 66.3 of the EAR and s 61.1 of the EAPWDR provide that persons may be eligible for “medical services only” in certain circumstances  when they are not eligible for income assistance, PPMB, or disability assistance.
+'''Agent'''
+*An appearance made by a person other than the accused acting on behalf of the accused.
-== D. Optical Care ==
+'''Alternative Measures'''
+*A program offered by Crown to divert the offender away from the criminal justice system. No guilty plea is made and charges are stayed. An acknowledgement of guilty and expression of remorse are required by the client.
-If the person is between 19 and 64 and gets income assistance, hardship assistance, PPMB, or PWD benefits OR has Medical Services Only Status,  they can receive an eye exam every 24 months. Further, children may receive one pair of glasses per year and adults may receive one pair of glasses every three years.
+'''Appeal'''
+*Formally contesting the verdict or sentence.
-Ss 67.1 and 67.2 of the EAR and ss 62.1 and 62.2 of the EAPWDR set out eligibility criteria for certain optical benefits. See also ss 2.1 and  2.2 of Schedule C of the EAR and ss 2.1 and 2.2 of Schedule C of the EAPWDR.
+'''Appearance Notice'''
+*A notice provided by a police officer requiring the accused to attend court at a certain date and time.
-== E. Dental Care ==
+'''Arraignment Hearing'''
+*A hearing in front of a Judge or JP where the accused decides whether to plead guilty or go to trial.
-Ss 68, 68.1, 69, 70, and 71 of the EAR and ss 63, 63.1, 64, and 65 of the EAPWDR set out eligibility criteria for supplements for dental work,  crown and bridgework, dentures, emergency dental and denture work, and limited orthodontic work. See also ss 4, 4.1, 5, 6, and 7 of Schedule C of the EAR and ss 4, 4.1, and 5 of Schedule C of the EAPWDR.
+'''Bail'''
+*Refers to the release (or detention) of a person charged with a criminal offence prior to a trial or guilty plea.
-== F. “Healthy Kids” supplements ==
+'''Bail Conditions'''
+*Release conditions imposed on an accused that they must abide by in order to be released from custody prior to trial or plea.
-Section 72 of the EAR provides for certain optical and dental supplements for dependent children of welfare recipients. See also Schedule C.
+'''Bench Warrant'''
+*A bench warrant is an order issued by a judge requesting the detention of a person until they can appear in court. Such an order is often issued because a defendant did not appear in court.
-== G. Alternative Hearing Supplement ==
+'''Complainant'''
+*The person who usually makes the report to the police about having been the victim of a crime.
-S 77.2 of the EAA, Schedule C, s 11 of the EAR, and Schedule C, s 11 of the EAPWDR allow a $100 supplement for applicants with profound hearing loss. This supplement may only be provided where the applicant has profound hearing loss in both ears and would not benefit from a hearing instrument.
+'''Conditional Discharge'''
+* A period of probation imposed on an accused where after the period is complete, no convictions will appear on a criminal record.
+'''Conditional Sentence'''
+*A conditional sentence is a jail sentence that you serve in the community instead of jail. Judges will use a conditional sentence only if they are satisfied that you won’t be a danger to the community and do not have a history of failing to obey court orders.
-== H. Diet and nutrition ==
+'''Confession'''
+*A statement of guilt made to a police officer or another person in authority.
-Ss 73, 74, 74.01, 74.1, and 75 of the EAR and ss 66, 67, 67.01, 67.1, and 68 of the EAPWDR set out eligibility criteria for supplements for diet supplements, nutritional supplements, supplements for those who require tube feeding, infant health supplements, and prenatal supplements  for pregnant women. See also ss 8, 9, and 10 of Schedule C of the EAR and ss 6-10 of Schedule C of the EAPWDR.
+'''Cross-Examination'''
+*The interrogation (leading questions) of a witness called by the other side.
-'''Note:''' Monthly nutritional supplements are only available for people who receive disability benefits from the Ministry. Further, the person must be being treated for a "chronic, progressive deterioration of health on account of a severe medical condition". It is very hard to meet the requirements for this supplement. See s 67(1.1) of the EAPDWR for more information. Disability Alliance BC has a useful help sheet      regarding the monthly nutritional supplement, at http://www.disabilityalliancebc.org/docs/hs4.pdf?LanguageID=EN-US.
+'''Crown Counsel'''
+*Lawyers appointed by the government who prosecute criminal cases.
-== I. Medical equipment and devices ==
+'''Custodial Sentence'''
+*A sentence served in jail.
-Where a person meets eligibility criteria (see s 67 of the EAR and s 62 of the EAPWDR), the Ministry may provide funding for certain medical equipment  and devices. The devices and eligibility criteria are listed in s 2(3) of Schedule C of each regulation. The devices may include:
+'''Detention'''
-*canes, crutches, and walkers;
+*A suspension of an individual’s liberty by physical or psychological restraint.
-*wheelchairs;
-*scooters;
-*bathing and toileting aids;
-*hospital bed;
-*pressure relief mattresses;
-*floor or ceiling lift devices;
-*positive airway pressure devices;
-*apnea monitors;
-*nebulizers;
-*positioning items on a bed, positioning chairs, and standing frames;
-*ventilator supplies;
-*orthoses;
-*and hearing aids.
-'''NOTE:''' In order to qualify for these supplements, a prescription from a qualified medical practitioner must be supplied and the cost must  be pre-approved by the Ministry. There are very detailed eligibility criteria that must be met for each item requested.
+'''Direct Examination'''
+*Where the defence or Crown questions its own witnesses.
-See Schedule C of both Regulations for details.
+'''Disposition'''
+*If a matter in court is “for disposition,” this means there will be a guilty plea instead of a full trial.
-== J. Medical and Surgical Supplies ==
+'''Duty Counsel'''
+*Lawyers paid by the government who work in the court house and advise accused with basic legal information and basic court appearances.
-Certain “disposable or reusable” medical supplies may be provided if they are necessary to prevent the recipient from becoming very ill (to avoid what the Ministry calls “an imminent and substantial danger”) and if they are prescribed by a doctor. See s 2(1)(a) of Schedule C of each Regulation.
+'''Election'''
+*For indictable offences, where the accused can decide whether to have their case tried in Provincial Court or Supreme Court (and with or without a jury).
-The supplies are only available if they are needed for one of these following purposes: wound care; ongoing bowel care required due to loss of  muscle function; catheterization; incontinence; skin parasite care; or limb circulation care.
+'''''Ex Parte'''''
+*Proceeding without the accused present.
-The supplies must be the least expensive ones appropriate for the purpose. Exclusions to this list include: nutritional supplements, food, vitamins and minerals, and prescription medications.
+'''Hearsay'''
+*Evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them.
-== K. “Direct and Imminent Life-Threatening Health Need” ==
+'''Hybrid Offence'''
+*An offence where the Crown can choose to proceed either summarily or by indictment. The majority of ''Criminal Code'' offences are hybrid.
-Section 76 of the EAR and s 69 of the EAPWDR provide that the Ministry may provide certain health supplements to a person who is otherwise ineligible  for the supplements (or indeed, for welfare benefits), if the person can show that the person faces an '''imminent and life threatening need''' that cannot be addressed except by the supplement. See the Regulations for details.
+'''Judicial Case Manager'''
+*A JP who controls the calendar for the court and sets trial dates.
-== L. Alternative and Complementary Therapies ==
+'''Justice of the Peace (JP)'''
+*A person appointed by the government to conduct certain tasks in court (like initial appearances), fix trial dates, and hear bail applications.
-Up to 12 visits per calendar year are payable by the minister for any combination of physiotherapy services, chiropractic services, massage  therapy services, non-surgical podiatry services, naturopathy services, and acupuncture services for which a medical practitioner or nurse  practitioner has confirmed an acute need. See Schedule C, s 2 of each Regulation, especially s 2(c).
+'''Indictable Offence'''
+* A more serious criminal offence where the maximum sentence could be life imprisonment. There is no time limit to when charges can be laid (e.g., an accused can be charged 20 years after an act has occurred). The exception to this point is treason, which has a 3-year limitation period.
-== M. Transportation to Medical Appointments ==
+'''Information'''
+*The document which sets out the specific offences the accused is charged with.
-Under Schedule C, s 2(f) of each Regulation, the Ministry may cover the cost for the least expensive mode of transportation to and from the office of  a local medical practitioner, nurse practitioner, specialist, general hospital, rehabilitation hospital, provided that:
+'''Initial Appearance(s)'''
-*the transportation is to enable the person to receive a benefit under the ''Medicare Protection Act'' or a general hospital service under the ''Hospital Insurance Act'';
+*An appearance before a JP or Judge where the accused can decide how to proceed. There can be multiple initial appearances.
-*and there are no resources available to the person's family unit to cover the cost.
+'''Initial Sentencing Position'''
+*The sentence Crown would seek if the accused were to plead guilty and not go to trial.
-{{LSLAP Manual Navbox|type=chapters15-22}}
+'''Insufficient Evidence Motion'''
+*A motion made by defence at trial claiming Crown has not proven the case beyond a reasonable doubt.
+'''K-File'''
+*A file where the accused and complainant are family members. The most common is spousal assault.
+'''Mens Rea'''
+*An essential (mental) element of the criminal offence (an intention to commit the crime).
+'''No Evidence Motion'''
+*When the Crown has presented the case against you, if you feel that they have failed to prove all the things that had to be proved, you can make a no-evidence motion. This means that you are asking the judge to dismiss the case, without hearing the defence evidence.
+'''Particulars'''
+*The disclosure package provided to the accused by the Crown containing all of the relevant evidence in the Crown’s case against the accused.
+'''Preliminary Inquiry'''
+*A hearing held in provincial court to determine if there is enough evidence to move forward to the trial in Supreme Court. The Preliminary Inquiry is available to all accused persons charged with offences that proceed by way of indictment.  A preliminary inquiry is a hearing to determine whether there is sufficient evidence to proceed to trial. A preliminary inquiry is not a trial.
+'''Pre-Sentence Report'''
+*A report that can be ordered by a judge after a guilty plea has been entered and prior to sentencing in order to recommend an appropriate sentence for the accused.
+'''Report to Crown Counsel'''
+*Summary of the police narrative and any witness statements taken with respect to the case.
+'''Sentence'''
+*What punishment the judge decides the accused should be subject to when found guilty.
+'''Summary Conviction Offence'''
+*A less serious offence where the maximum jail term is usually 6 months and maximum fine is $5,000.
+'''Summons'''
+*A written order by a judge or JP requiring the accused to attend court at a certain date and time.
+'''The Bar of the Court'''
+*The partition in the courtroom between where the lawyers sit and where the general public sits.
+'''Vacating a Warrant'''
+*In order to vacate a bench warrant, the client will need to appear before a judge and apply to be re-released on bail.
+'''Verdict'''
+*After the trial, the judge returns a finding of guilty or not guilty.
+'''Voir Dire'''
+*An in-trial hearing that is considered a separate hearing from the trial itself. It is known as a "trial within a trial" and is designed to determine an issue separate from the procedure or admissibility of evidence.
+'''Witness'''
+*Anyone called to give evidence at a trial.

Difference between pages "Welfare and Health Supplements (21:X)" and "Criminal Law Glossary (1:App F)"

Revision as of 22:55, 30 August 2021

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