Glossary
In Wills and Powers of Attorney
An affidavit is a written statement that someone signs and swears is true.
An affidavit of execution is made by a witness to a will or Power of Attorney. The witness confirms that the person making the will or Power of Attorney signed it in front of both of the witnesses. The witness must also sign the affidavit.
When a person makes an affirmation, they give a formal promise that a statement is true. An affirmation may be used in place of an oath. For example, an affirmation may be used when a person isn’t able to take an oath because of religious reasons.
In Criminal Law
An agent is someone you ask to act on your behalf. It can be a lawyer, a paralegal, a family member, or a friend. You can ask an agent to go to court for you if the offence you were charged with carries a maximum penalty of 6 months in jail and/or a $5000 fine and is:
- a summary offence, or
- a hybrid offence that the Crown has decided to handle as a summary offence.
The person acting as your agent appears in the court as if they are you.
If your case is indictable (or hybrid and the crown has not elected), you need a “designation of counsel” in order to have your lawyer or their agent appear on your behalf.
In Criminal Law
Aggravating factors are circumstances or facts that a judge can consider they are deciding your sentence. Aggravating factors can result in a tougher sentence. For example, assaulting a domestic partner or child can be an aggravating factor. The Crown must prove aggravating factors beyond a reasonable doubt.
All-in price advertising means that dealers cannot add additional fees on top of an advertised price. Exceptions that dealers can charge are HST, licensing fees, or fees for options that you ask for.
The Allowance is a monthly amount that the Canadian government pays to Canadian citizens and legal residents who:
- have a low income,
- are 60 to 64 years old, and
are married to, or the common-law partners of, people getting Old Age Security and the Guaranteed Income Supplement.
The Allowance for the Survivor is a monthly amount that the Canadian government pays to Canadian citizens and legal residents whose spouse or common-law partner has died and who:
- have a low income,
- are 60 to 64 years old, and
meet the minimum residency requirements.
In Abuse and Family Violence, Family Law, Tribunals and Courts
Alternative dispute resolution (ADR) or family dispute resolution processes refers to different ways or processes that try to get people to agree on their legal issues without going to court. Some of these processes are collaborative family law, mediation, and arbitration.
In Criminal Law
Alternative measures are different ways to resolve minor criminal charges. Both you and the Crown must agree to alternative measures. This can include:
- community service
- restitution or compensation in cash or services
- mediation
- special programs for counselling
- treatment or education courses, for example, life skills, drug or alcohol treatment, and anger management
If you complete alternative measures, you won’t have a trial and you will not be convicted of the crime you were charged with.
In Abuse and Family Violence, Criminal Law
This is a formal document used to begin a proceeding in court. An information can be used to accuse a person of a criminal offence or to ask for a hearing for a peace bond.
In a criminal proceeding, the information is usually sworn by a police officer who has reasonable and probable grounds to believe the person committed a criminal offence.
In a non-criminal proceeding, a private citizen usually swears an information to ask for a peace bond against someone they have a reasonable fear of. Private citizens can also swear informations for criminal offences.
