Definitions

Definitions

Ammunition

“Ammunition” means a cartridge containing a projectile designed to be discharged from a firearm, including a caseless cartridge and a shot shell.

Appearance Notice

An “appearance notice” is a legal document given to a person by a police officer that tells that person when to appear in court to respond to a criminal charge that they have not yet been charged with. This document may also tell the person they have to go to a specific police station on a specific date to be fingerprinted and photographed.

Cattle

“Cattle” means any bovine, including cows, buffalo, horses, mules, donkeys, pigs, sheep, and goats.

Consent is obtained through the voluntary agreement of the other person to engage in specific sexual activity. Silence or a person not explicitly saying no does not count as consent for the purposes of sexual assault. Consent to one sex act does not mean a person automatically consents to all sexual actions. Consent can be revoked at any time before or during any sexual activity. A person cannot consent on behalf of another person, and persons who are unconscious are deemed to be non-consenting. In Canada, a person under the age of 16 cannot consent to sexual activity with anyone over the age of 16 or too much younger than them. A person under the age of 18 cannot consent to sexual activity with someone they are in a relationship of trust or authority with and cannot consent to engage in sex work.

Conversion Therapy

“Conversion therapy” includes any practice, treatment, or service designed to change a person’s sexual orientation to heterosexual or repress or reduce non-heterosexual attraction or sexual behaviour; to change a person’s gender identity to cisgender or repress a person’s non-cisgender gender identity; or to change a person’s gender expression to conform to the sex assigned to them at birth or repress or reduce a person’s gender expression that does not conform to the sex assigned to them at birth.

Cross-Examination

Cross-examination is the act of questioning the opposing party’s witness at trial. The Crown attorney would cross-examine the accused and defence counsel would cross-examine the complainant or key witnesses at trial.

Examination in Chief

Examination in chief is the act of questioning your own witness at trial. The Crown would examine their own witness and defence counsel would examine the accused if they choose to testify. Each party would then have the opportunity to cross-examine opposing witnesses.

Exploitation

A person exploits another when they offer to provide or cause someone to provide labour or a service by threatening the person if they fail to provide or offer to provide this labour or service. Signs that a person is being exploited include the threat or use of force, the use of deception, or the abuse of a position of trust, power, or authority.

False Pretence

A “false pretence” is when someone represents as factual something they know is false with the intention of inducing another person to act upon this representation.

Firearm

A “firearm” is any barrelled weapon that can discharge a shot, bullet, or other projectile and that can cause serious bodily injury or death to a person. A “firearm” also includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm. In other words, a “firearm” is not just a pistol, shotgun, or rifle. The Criminal Code and other federal regulations define prohibited firearms, restricted firearms and non-restricted firearms separately from this definition of firearms.

Lumber

“Lumber” includes timber, masts, spars, single bolts, sawlog, or lumber of any other description.

Lumber Equipment

“Lumber equipment” includes boom chains, chains, lines, and shackles.

Non-Restricted Firearm

A “non-restricted firearm” includes any rifle or shotgun that is neither restricted nor prohibited, which means most common long guns.

Prohibited Ammunition

“Prohibited ammunition” is ammunition or projectiles of any kind prescribed by the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, SOR/98-462 to be prohibited.

Prohibited Device

A “prohibited device” includes the following:

  • Any part of a weapon, or any accessory to be used with a weapon that is prescribed by the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, SOR/98-462 to be a prohibited device;
  • A handgun barrel 105 mm long or less that is not to be used in international sporting competitions governed by the International Shooting Union;
  • Anything designed or intended to muffle or stop the sound or report of a firearm;
  • A cartridge magazine that is prescribed by the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, SOR/98-462 to be a prohibited device; or
  • A replica firearm.

Prohibited Firearm

A “prohibited firearm” includes the following:

  • Handguns that have a barrel 105 mm long or shorter or that can discharge a 25 or 32 Calibre cartridge but are not prescribed for use in international sporting competitions governed by the International Shooting Union.
  • Firearms adapted from a rifle or shotgun that are less than 660 mm long
  • Firearms adapted from a rifle or shotgun that are 660 mm long or longer with a barrel less than 457 mm long.
  • All automatic firearms, even those adapted to only shoot one projectile while the trigger is pressed.
  • Any firearm prescribed by the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted SOR/98-462 to be a prohibited firearm.

Obscene Materials

“Obscene material,” also referred to as prohibited adult pornography, is any material that mainly shows degrading and dehumanizing sexual activity, or that mainly shows criminal, horrific, cruel, or violent sex. Explicit sex with violence will always be obscene, as will explicit sex involving children, regardless of if there is violence or degrading and dehumanizing treatment.

Place

A “place”, for the purposes of the offence of breaking and entering and the possession of break-in instruments, includes a home, any part of a building or structure, a railway vehicle, a vessel, an aircraft, a trailer, or a pen or enclosure where fur-bearing animals are kept for breeding or commercial purposes.

Prohibited Weapon

A “prohibited weapon” is a knife with a blade that opens either automatically or by hand pressure applied to a device attached to the knife’s handle, or any weapon, other than a firearm, prescribed in the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited, Restricted or Non-Restricted, SOR/98-462 to be a prohibited weapon.

Restricted Firearm

A “restricted firearm” includes the following:

  • Handguns that are not prohibited firearms.
  • Semi-automatic firearms that are not prohibited firearms and have a barrel less than 470 mm long.
  • Firearms that are designed or adapted to work when reduced to 660 mm long.
  • Any firearms prescribed by the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted SOR/98-462 to be a restricted firearm.

Sexually Explicit Material

“Sexually explicit material” is material that is not child pornography but has a sexual purpose and is either a visual representation that shows someone engaged in explicit sexual activity or shows their genital organs, anal region, or breasts; written material that describes an explicit sexual activity; or an audio recording representing explicit sexual activity.

Summons

A “summons” is a written notice issued by a judge or justice of the peace telling the person to whom it is given when to appear in court to respond to a criminal offence that they have been charged with. This document may also tell the person they have to go to a specific police station on a specific date to be fingerprinted and photographed.

Surety

A “surety” is someone who agrees to be responsible for an accused who is out on bail. Sureties have to pledge a certain amount of money that they will forfeit to the court if the accused breaches their bail conditions or does not appear in court, and sureties are obligated to call the police if they become aware that the accused has breached a bail condition. Sometimes, the accused will have to live with their surety while they are out on bail and be accompanied by their surety if they wish to leave their home. A surety can stop being a surety at any time without having to disclose their reasons for wanting to do so, at which point the accused will be taken back into custody.

Undertaking

An “undertaking” is a document issued by the court or police imposing certain conditions on the accused who will be released from custody pending their next court date. Failure to comply with an undertaking is a criminal offence.

Weapon (in the context of Carrying a Concealed Weapon s. 90(1) cc)

A “weapon” means anything used, designed, or intended for use to cause death or injury to another person or to threaten or intimidate any person.