
Glossary: Criminal Law Terms
November 30, 2016
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ONTARIO COURT OF JUSTICE
- over 200 locations across Ontario that handle criminal and family matters
- Most criminal cases will begin at the OCJ and will then proceed to the SCJ after a OCJ judge has conducted a preliminary hearing and decided to commmit the accused person to stand trial
- Preliminary hearings are always heard at the OCJ by a provincial judge–this judge cannot be the trial judge, if the matter proceeds to trial
- OCJ will hear the following types of criminal offences:
- 1) summary conviction offences,
- 2) less serious indictable offences under section 553 of the Criminal Code and,
- 3) indictable offences where the accused has elected to have his or her trial heard in the OCJ (excluding offences under s. 469)
- Criminal trials at the OCJ are heard and decided only by a judge alone–there are no jury trials at this level
- decisions from the OCJ dealing with indictable offences may be appealed to the Ontario Court of Appeal
SUPERIOR COURT OF JUSTICE
- is a superior level of trial court that has jurisdiction to hear any indictable offences
- typically hears only the most serious criminal offences
- Cases may be heard before a judge alone or judge and jury
- all criminal trials that are heard before a judge and jury take place at the SCJ
- decisions from the OCJ dealing with a summary conviction offences may be appealed to the Superior Court of Justice
- decisions from the SCJ dealing with indictable offences may be appealed to the Ontario Court of Appeal
Note to readers: This page is solely for informational purposes and should not be considered legal advice. In order to ensure the protection of your rights and interests, please consult a criminal defence lawyer prior to acting or relying upon any information.