IMMIGRANT COMMUNITY CAPACITY AND ENGAGEMENT (ICCE) PROJECT

Provides information on justice and protection services

PRESENTED BY

JOHN HOWARD SOCIETY OF LONDON AND DISTRICT

What Does a Criminal Charge Mean

bull A criminal charge is a formal accusation made by a governmental

authority stating that somebody has committed a crime

bull Police officers and victims of crime can file reports that lead to

criminal charges

bull An arrest does not mean there will be charges filed The

prosecutor (Crown Attorney) reviews everything and decides

what if any criminal charges to file

bull If you are arrested and may face charges you should contact a

criminal lawyer

Some Examples of Criminal Charges

bull Break and Enter

bull Robbery

bull Drug Trafficking

bull Domestic Assault

bull Threatening Assault

bull Mischief

bull Theft

bull Fraud

bull Murder

bull Impaired Driving

bull Sexual Assault

bull Shoplifting etc

Canadian Criminal Justice System

bull In Canada any individual charged with a criminal offence is presumed innocent until proven guilty

bull If the police have sufficient grounds to lay a criminal charge the accused person will be arrested and brought before the Court

Young People and Criminal Charges

bull In Canada young people are dealt with according to the Youth Criminal Justice Act

bull The Law is less harsh for Young children (12-18 years) who are charged with crimes than for adults But for the must serious crimes children may get the same punishment as adults

bull The Criminal Code of Canada states No person shall

be convicted of an offence in respect of an act while that person was under the age of twelve years

Has Your Child Been Charged With a Crime

bull When a child has been charged with a crime heshe needs advice from a lawyer who has experience with youth criminal law

bull The police have a duty to let you know if your child is arrested charged with a crime or must go to court It is a good idea to be informed and involved with your childrsquos case

Will The Child Have To Go To Court

bull If your child is charged they will usually have to go to criminal court at least once

bull If the court decides to punish your child the punishment may not have to be jail

Can The Child Keep Going To School

bull A child who is involved in a criminal matter usually still has the right to go to school unless the court does not allow himher to go to a specific school until the case is over In this case you can send your child to another school

bull In some situations the school can suspend or expel your child even for something that did not happen at school There are steps you can take to keep your child in school Some community agencies and legal clinics can help you to find out about this

Will The Charges Be A Problem For The

Child In The Future

bull When your child is charged with a crime the police and the court can keep track of it in files called recordsldquo

bull These police and court records can cause problems for your child The child criminal record can make it hard to get a job or travel to other countries The records may also affect your childs immigration status or even your familys immigration status

What You Can Expect From Your Childrsquos Lawyer

bull The lawyer works for your child even if you are paying The lawyer will speak to your child and make decisions with your child

bull You can ask or question the lawyer to let you know how the case is going However the lawyer is not allowed to share information with you unless your child says the lawyer can

Do You Have To Pay The Cost Of What Your Child Did

bull If your child is under the age of 18 when they damage destroy or steal what belongs to someone else the owner may try to make you pay back the cost You do not have to pay unless a court orders you to

bull If you get any papers telling you to pay show them to a lawyer right away

Criminal Charges And Your Immigration Status

bull If you are NOT a Canadian citizen and you are charged with a crime in Canada it may lead immigration authorities to take steps to get a ldquoRemoval Orderrdquo or ( a deportation order) against you This is an order to remove you from Canada to another country or to your country of origin You could lose your status for some crimes It does not matter how long you have lived here

bull If there is a removal order against you 1 You may be forced to leave Canada and you will need special permission from immigration authorities to come back 2 Your family members who are not Canadian citizens may also

have to leave Canada

bull Some examples of crimes that could affect your immigration status - Impaired driving - Stealing even if you steal something of little value - Assaulting your family or other people - Dealing with illegal drugs etc

Criminal Charges And Your Immigration Status (cont)

bull If you are a permanent resident and are convicted of a crime in Canada

ndash you could lose your permanent resident status

ndash you could be deported and

ndash you might not be able to come back

bull A criminal charge or conviction can affect your eligibility to become a Canadian citizen

bull If you become a Canadian citizen you cannot be forced to leave Canada unless you said something that was not true or left out information when you applied for Canadian citizenship or permanent resident status

What Should You Do To Protect Your Status And Stay In Canada

bull Get legal advice quickly if

ndash the criminal court decides that you are guilty because you still have the right to appeal

ndash there is a removal order against you because you may be able to appeal to the Immigration and Refugee Board

bull You could apply to the National Parole Board for a ldquoRecord Suspensionrdquo if you have completed the punishment the court gave you If you get the record suspension immigration authorities should treat you as if you were not guilty of the crime

What Should You Do If You Cannot Afford The Legal Cost

bull If you have been charged with a criminal offence and do not have the money to pay for a lawyer you may apply to get Legal Aid Certificate to help you pay your legal cost However you must be financially eligible

bull Contact Legal Aid Ontario in London

150 Dufferin Ave Suite 802

London ON N6A 5N6

Phone 519-433-8179

HOW TO GET

bull 211 Ontario is an information and referral hotline that gives help in many languages (24 hoursday 7 daysweek) They can tell you

ndash where to get legal help and

ndash how to contact a settlement agency or community agency for other kinds of help

bull Call 211

bull TTY 1-888-340-1001

bull You could also contact your local library or a community legal clininc

Court Process

lsquoOntario Court Systemrsquo

What is the Court System in Ontario

The Court of Ontario has two divisions 1 The Superior Court of Justice which is a

higher court and hears more serious cases such as serious criminal offences divorces and civil cases involving large amounts of money

2 The Ontario Court of Justice (the lower or

provincial division) This court hears cases that are considered less serious criminal offences pre-trial hearings in criminal cases that will go to the Superior Court and cases with violations of provincial laws

Specialized Courts

bull Within these two court divisions there are specialized branches For example Family Court and Small Claims Court are both branches of the Superior Court of Justice

bull If the court decision in a case is questioned then that case can go to appeal Many appeals are heard by the Court of Appeal for Ontario This court is separate from other Ontario courts and usually provides the final ruling on a legal issue However an appeal on this ruling goes to the Supreme Court of Canada which is the highest court in the country

What happens after being arrested

bull When someone gets arrested by the police they have to appear at the court within 24 hours

bull Sometimes the police may release you directly from the police station and they will give you a document to take to the court

bull If you were kept in jail the police will take you to court the next day and the judge will decide whether to release you on bail or not

bull After you are released by the police or get out on bail you will have

to go to court This is called your first appearance Your first appearance will usually be a few weeks after you have been released

Getting ready for your first court appearance

bull You can hire a lawyer and if you need help paying the legal costs you should apply for Legal Aid

bull If you have been charged with a criminal offence and you have a court date but you do not have a lawyer a duty counsel will be able to assist you In criminal cases duty counsels advise people about the charge(s) against them and provide information about basic court procedure You must be financially eligible for some types of duty counsel assistance

bull Duty counsels are lawyers provided by Legal Aid Ontario who can assist you on the day that you are in court

bull Speak to criminal duty counsel about your matter on the day of your court date before the time of your scheduled court appearance

bull Some people decide to represent themselves at the court however hiring a lawyer will ensure that you are properly represented at the court

What happens at my first court appearance

bull Your first appearance is NOT your trial None of the witnesses or police officers involved in your case will be there It is NOT an opportunity to tell the judge your side of the story It is only the starting point for dealing with a criminal charge The purpose of the first appearance is to obtain the details of the allegations against you

bull Any evidence the prosecutor (Crown Attorney) intends to

use against you at your trial must be disclosed to you in advance This procedure is called obtaining ldquodisclosurerdquo Your disclosure package may include police or other witness statements surveillance videos photographs or any other type of evidence that relates to your case

What happens after the first appearance

bull It is possible for your case to be finished on your first appearance date However you should be prepared for the likely possibility that your case will not be over on your first court date

bull You must remember that unless the Crown Attorney is withdrawing your charge(s) or you are going to plead guilty to your charge(s) on your first appearance date the court will give you a new date to return to court This is called an lsquoAdjournmentrsquo

bull You may have several more appearances in court before a trial date is set or the matter is otherwise resolved

What happens next

bull If you decided to plead guilty to your charge(s) then a sentencing date will be scheduled for you

bull Before pleading guilty you should get a legal advice and ask about all the potential consequences on your ability to travel abroad and the affects on your immigration status or future employment opportunities

Should I take my case to trial

bull You may decide not to plead guilty then your case will be remanded until a trial date is scheduled

bull A criminal case usually goes through several stages before a trial date is selected This includes the evidence gathering stage and the negotiation stage A trial usually occurs several months (sometimes even a year or longer) after the offence was alleged to have occurred depending on the availability of the court witnesses and lawyers involved in the matter

bull At trial the prosecutor will lead evidence from witnesses and other

sources to demonstrate that you are guilty of the offences before the court Your defence lawyer will have an opportunity to question any witness called by the prosecution to undermine the evidence they are presenting

What is a Sentence

bull A sentence is the penalty that is given to an

offender who has pled guilty or who has been found guilty after a trial

bull In most criminal cases sentencing usually takes place right after an offender has pled guilty or been found guilty after a trial It may takes days weeks or months afterward Sentencing hearings can be very short (sometimes only a few minutes) or much longer taking hours or days to finish

What is a conviction

bull A conviction happens when someone is found guilty of

committing a criminal offence Being convicted is completely different than being charged where the person has not been found guilty yet

bull Offenders who have a conviction registered against them will have a criminal record and will have to apply for a lsquorecord suspensionrsquo to have the conviction sealed

Types of Sentences There are several types of sentences that a judge can

give an offender The most common sentences are bull Absolute discharge (no conditions to follow no

criminal record after a year) bull Conditional discharge (certain conditions are applied

no criminal record after three years) bull Suspended sentence (certain conditions are applied) bull Probation (out in the community following certain

conditions) bull Fine (the person must pay money to the court) bull Jail bull Spending weekends in jail bull House arrest (spending all or part of their sentence in

their house)

Who is The Crown Attorney (Prosecutor)

bull A Provincial crown attorney is a government lawyer who prosecutes criminal cases on behalf of the provincial Ministry of Attorney General

bull A Federal Crown Attorney is also a government lawyer who does the same thing for the federal Department of Justice If you are charged with a drug-related or tax-related offence your case will most-likely be prosecuted by a federal crown

Judges and Jury

bull The judge is the person who is responsible for the conduct of the trial ensuring that the roles of the court are followed It is the judgersquos job to decide on the facts of the case where there is no jury The Judge is also responsible for sentencing

bull The Jury is a group of people who sworn to give a decision in a legal case on the basis of evidence submitted to them in court In Canada a criminal law jury is made up of 12 people selected from among citizens

Interpretation Services at the Court

Whether you are an accused person a victim or a witness you have the right to request interpretation services in Ontario courts if you do not speak English or you do not fully understand English Your lawyer or Duty Counsel can help you request an interpreter through an organization called Across Languages

For More information

bull Contact John Howard Society of London and District at 601 Queens Avenue London ON N6B 1Y9

www Jhslondononca or call 519-438-4168

bull Visit CLEO (Community Legal Education Ontario) at wwwcleoonca

bull Visit wwwsettlementorg ( a website that contains information for newcomers) bull Ministry of Attorney General wwwattorneygeneraljusgovonca

bull Department of Justice Canada httpwwwjusticegcca

bull London amp Middlesex Local Immigration Partnership httpimmigrationlondoncaLMLIP

Thank You Questions