Ontario Criminal Court Terms Explained: Stayed, Withdrawn, To Be Spoken To and More
Criminal court has its own vocabulary, and it shows up on court dockets, release papers and the notes your lawyer sends you. This guide explains the terms people most often ask us about, in the order you are likely to meet them.
The two questions we hear most:
- “My charges were stayed. What does that mean?” The prosecution has been halted. It is not an acquittal, but it ends the case unless the Crown restarts it, and a Crown stay can only be restarted within one year. See stayed below.
- “What does ‘to be spoken to’ mean?” It means nothing substantive is happening on your case that day. Your lawyer or the Crown will speak to the matter, usually to update the court or set the next date. See to be spoken to below.
Starting the Case
Information. The formal charging document sworn by a police officer before a justice of the peace. It lists each charge (each “count”) against you.
Appearance notice, undertaking, summons. The documents that tell you when and where to come to court. An appearance notice or undertaking is usually given by police on release. An undertaking can also come with conditions you must follow. A summons is served on you later and orders you to attend.
Release order. The order made at a bail hearing, setting the conditions of your release. It replaced the older “recognizance” in 2019, though you will still hear the old word.
Surety. A person, often a family member, who agrees to supervise an accused person on release and may promise money to the court. See surety responsibilities.
Show cause hearing / bail hearing. The hearing where a justice decides whether you are released, and on what conditions, or held in custody. Usually the Crown must “show cause” why detention is justified. In some situations the onus is reversed (a reverse onus), and the accused must show why release is justified. See our page on bail.
WASH court. Weekend and statutory holiday court, which deals with bail for people arrested outside regular court days.
Duty counsel. Lawyers funded by Legal Aid Ontario who give free, basic help in court on the day: explaining the charges, assisting with bail, or asking for an adjournment. They can’t take on your whole case.
Early Appearances
Case management court (CMC). Where early appearances are held. Little happens about guilt at this stage: disclosure is provided, the case is adjourned, and the next steps are set. Many CMC appearances happen by Zoom; see our virtual court links.
Remand / adjourned. The case is put over to another date. “Remanded in custody” means the accused stays in jail until the next date.
Held down. The case is set aside to be called later the same day, for example while your lawyer is in another courtroom.
To be spoken to (TBST). A note on the docket that the matter will be “spoken to” that day, rather than proceeding with a hearing, plea or trial. Usually your lawyer or the Crown updates the court, explains what is outstanding (disclosure, instructions, a pre-trial), and a new date is set. If you have a lawyer, you usually don’t need to attend for this: your lawyer can appear for you as your agent on a summary matter, or under a signed designation on an indictable one.
Designation (designation of counsel). A document you sign that lets your lawyer appear for you on an indictable matter, so you don’t have to attend most appearances in person (Criminal Code, s. 650.01). You must still attend when witnesses give evidence, during jury selection, and when the court requires you to be there. On a summary conviction matter, no designation is needed: your lawyer or another representative can appear for you as your agent (s. 800(2)).
Disclosure. The Crown’s evidence, which it must give to the defence: police notes, statements, videos and reports. See Crown disclosure in Ontario.
Crown pre-trial (CPT). An off-the-record discussion, usually by phone, between your lawyer and the Crown between court dates, about the case and possible resolution. See Crown pre-trial conferences.
Judicial pre-trial (JPT). A meeting with a judge, the Crown and defence counsel, held off the record, to narrow the issues, estimate trial time and explore resolution.
How the Case Is Classified
Summary conviction, indictable and hybrid offences. Summary offences are the least serious; indictable offences are the most serious. Many offences are hybrid: the Crown chooses whether to proceed summarily or by indictment. See summary conviction vs. indictable offences.
Election. For most indictable offences, the accused chooses (elects) the court: a provincial court judge, a Superior Court judge alone, or a Superior Court judge and jury. See understanding your election.
Preliminary inquiry. A hearing before trial where a judge decides whether there is enough evidence to go to trial. Since 2019, it is available only for offences punishable by 14 years or more (s. 535), and only if requested. See preliminary inquiries.
How a Case Can End
Withdrawn. The Crown decides not to continue and withdraws the charge. The case is over, and there is no finding of guilt.
Stayed (stay of proceedings). The prosecution is halted. There are two kinds:
- A Crown stay. The Crown directs the court clerk to enter a stay (s. 579). Any release order ends. The Crown can restart the case, without laying a new charge, by giving notice within one year (or sooner, if the time limit for laying the charge would run out first). If it doesn’t, the proceedings are deemed never to have been commenced.
- A judicial stay. A judge stops the case permanently, usually because of an abuse of process or unreasonable delay. A judicial stay ends the case. See stays of proceedings and abuse of process and your right to a trial within a reasonable time.
A stay is not an acquittal, but neither kind is a finding of guilt.
Peace bond. A promise to keep the peace and follow conditions for a period, often used to resolve a charge, which is then withdrawn. It is not a criminal conviction. See peace bonds in Ontario.
Diversion. A program, such as counselling, community service or a donation, that the Crown offers instead of prosecution. When it is completed, the charge is usually withdrawn.
Acquittal / not guilty. The verdict after a trial where the Crown has not proven the charge beyond a reasonable doubt. See what is reasonable doubt?
Discharge (absolute or conditional). After a guilty plea or finding of guilt, the judge may discharge you instead of entering a conviction (s. 730). An absolute discharge takes effect immediately. A conditional discharge takes effect after you complete probation. A discharge is not available for an offence with a minimum punishment, or one punishable by 14 years or life. See conditional and absolute discharges.
Conviction and sentence. A finding of guilt with a conviction entered, followed by a sentence such as a fine, probation, a conditional sentence served in the community, or jail. See what happens after a conviction.
Joint submission / open sentencing. In a joint submission, the Crown and defence propose the same sentence to the judge. In open sentencing, each side argues for its own. See open sentencing vs. joint submissions.
Bench warrant. A warrant issued for your arrest when you fail to attend court as required. Missing court can also lead to a separate charge. If you have missed a date, call a lawyer right away.
Still Not Sure What Your Paperwork Means?
Court documents are written for the court, not for you. If something on your release papers, a docket or a letter from the Crown doesn’t make sense, ask. A short call can clear up what you need to do and when.
Have questions about your court date or paperwork? Contact Mor Fisher LLP at 705-721-6642 or through our contact page. We can tell you what each step means for your case, whether you need to attend, and what happens next.