Sexual assault
Any unwanted act of a sexual nature, including rape and any other unwanted fondling or touching imposed by one person upon another (Ontario Women's Directorate). Under Canadian law, a partner or spouse may be charged with sexual assault
Reasonable grounds
A set of circumstances (1) that would satisfy an ordinary, cautious and prudent person that there is reason to believe a crime has been committed and (2) that goes beyond suspicion
Rules of evidence
During a trial, rules of evidence determine that which a court may consider when deciding the facts of a case. The onus is on the courts to determine what actually happened through a determination of the facts
Search warrant
Police can appear before a judge and obtain a warrant to search premises and seize documents or other materials if there are reasonable grounds to believe the material contains evidence concerning the possible commission of a crime. (It is unlikely that physicians' premises would be searched to obtain medical records in a wife assault case.)
Subpoena
In a criminal proceeding, a subpoena compels the witness to attend the proceeding on a specified date. The subpoena can also compel the witness to bring to court any relevant records or written documentation
Summons
An order to appear in court
Court order
An order by a judge to a named person to do something or to abstain from doing something. (It is highly unlikely that the court would order a physician to release documents that were not otherwise subpoenaed.)
Victim impact statement
A written statement prepared by the victim describing the impact of the crime on her or him. The victim impact statement is submitted by the Crown to the judge when the accused has been convicted, and it is relevant to the determination of the sentence
Summary offences
Crimes that are considered less serious, such as common assault. The main difference between summary offences and indictable offences is the court procedure followed. The procedure for summary offences is more straightforward and the sentences are usually lighter
Indictable offences
Crimes that are more serious than summary offences, such as assault causing bodily harm or attempted murder. The court procedures are different from those followed for summary offences, and these cases usually result in longer jail sentences
Hybrid offences
Offences for which the Crown can choose to proceed summarily or by indictment. Several factors, the most important of which is the seriousness of the crime, affect the Crown's decision
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