FREQUENTLY
ASKED QUESTIONS
Miscellaneous
Adult Criminal Court
What do you need to know if you wish to pledge yourself as a
surety?
Acting as a
Surety is a Serious Matter
A surety is
someone who agrees to take responsibility for ensuring that a
person accused of a crime complies with the conditions of
his/her release. Those terms and conditions are set out
in a court order known as a Recognizance. Being a surety
is a serious commitment. Before you accept this responsibility,
here are a few things you should think about:
·
If the accused person fails to obey all of the
terms and/or conditions of the court order, you could lose the
money you have pledged.
·
Consider getting independent legal advice to make
sure you understand what this commitment means.
·
Do not agree to be a surety if you are not sure
that you can supervise the accused person in the community.
·
Your responsibility as a surety continues until
the case is completely over. In some cases, this may take a long
time.
·
Accepting a fee, or being paid back, in return for
acting as a surety is against the law.
Responsibilities of a Surety
·
Making sure the accused person comes to court on
time and on the right dates.
·
Making sure you are aware of all conditions
of the recognizance (bail order).
·
Making sure that the accused person obeys all
conditions of the recognizance. There may be many conditions in
a recognizance of which you should make yourself fully aware.
Some examples include a requirement that the accused person
report to the police at specified times and obey a curfew; not
possess weapons; not possess or consume alcohol and/or
non-prescription drugs; and not communicate, directly or
indirectly, with the victim or the victim’s family. There may be
others.
·
If you are accepted as a surety, you must sign the
recognizance. It means that you may have to pay the specified
amount of money pledged as a surety if the accused person fails
to obey the court order.
Qualifications of a Surety
·
The judge will decide whether you are suitable to
act as a surety. Qualifications of a surety will vary depending
on the allegations or charges against the accused.
·
The judge will consider your finances, personal
character and background.
·
You may have to give evidence in court and be
cross-examined about your qualifications.
Ending Your Obligations as a Surety
·
You may decide that you are no longer willing, or
able, to supervise the accused person. In that case, you may
come to the court that issued the recognizance and apply in
writing to the court to be relieved of your duties. The Court
will immediately schedule the matter to be heard before a judge.
Once a court orders the accused to be committed, an order of
Committal will be issued. When the accused is actually rendered
into custody a surety is relieved of his/her obligation.
Failure to Obey a Court Order
·
If the person is found guilty of breaching the
court order while you were acting as a surety, the Crown may ask
the Court to make you pay the money you pledged as a surety. A
hearing may be scheduled in the Supreme Court. You and the
accused person will be given at least 10 days notice of the date
and place of the hearing.
·
The hearing will give you an opportunity to
explain why you should not lose your money.
·
The judge may order that you pay all, part, or
none of your money.
How do I apply for a
peace bond?
Section 810.(1) of the Criminal Code states that an information
may be laid before a justice by or on behalf of any person who
fears on reasonable grounds that another person will cause
personal injury to him or her or his or her spouse or child or
will damage his or her property.
For more information please refer to the
peace bonds section.
What are the procedures to be followed in
peace bond applications?
Please refer to the peace bonds
section.
How do I obtain a pardon?
Detailed instructions are contained in an application package
available from the RNC or RCMP detachments and the National
Parole Board, Clemency & Pardons Division, 340 Laurier Avenue
West, Ottawa, ON, K1A 0R1, telephone 1-800-874-2652.
How can I get my probation order changed?
If you are on probation and wish to have any conditions varied
or the duration of your order shortened you must complete an
application form. A court date will then be set for you to
appear before a judge. After hearing from you, the prosecutor,
and possibly the probation officer, the judge will decide if
your application will be granted.
How do I obtain a criminal record or a
Notification of Court Check? How much does it cost? How long
does it take?
You must fill in an application form at Provincial Court in
order to obtain a record of your criminal record or Notification
of Court Check. A fee of $20.00 will be charged if the request
is for employment purposes, schooling, immigration purposes or
for any reason from which you will derive a monetary benefit
(with the exception of becoming a foster parent.) No fee is
charged for volunteer purposes, adoptions, foster parent, court
purposes or for a pardon. Once a request is received, it usually
takes seven to ten days for completion.
Thanks very much.
What is a victim surcharge and where
does the money go?
This is a monetary penalty which must be imposed by the court
when the accused has been found guilty of a criminal offence,
even if a conditional or absolute discharge has been granted,
unless the court is satisfied that its imposition would cause
undue hardship.
Section 737.(1) of the Criminal Code states that a victim
surcharge imposed ... "shall be applied for the purposes of
providing such assistance to victims of offences as the
lieutenant governor in council of the province in which the
surcharge is imposed may direct from time to time".
How do I file an appeal?
Once a matter has been dealt with in Provincial Court you have
30 days following the final disposition to appeal the court's
decision. You may appeal your conviction or sentence, or both,
or, in a civil or family case, the judgment rendered against
you. Where your appeal must be filed depends on the nature of
the case being appealed, but information on how and where to
file your appeal may be obtained from the Registrar's office at
the Supreme Court of Newfoundland.
How can I get an extension of time to
pay my fine?
If you have been fined and the due date is approaching and you
need more time to pay your fine you may seek an extension of
time to pay the fine by completing an application form. A court
date will then be set for you to appear before a judge. After
hearing the reasons for your application the judge will decide
if the extension will be granted.
Youth Criminal Court
What
is the age limit of Youth Court?
Youth Court hears cases involving young people from their 12th
birthday until their 18th birthday.
Will
every young person who breaks the law appear in Youth Court?
Not necessarily. Other measures to the formal court
proceedings may be used as an alternative.
What
are the procedures and rights of a young person being taken to
Court?
- The
youth’s parents must be notified.
- The youth
has the right to legal counsel at all stages of proceedings
against him/her.
- The youth
instructs his/her own counsel.
- The youth
must be informed of his/her rights at all stages of proceedings.
For instance,
the police officer must tell him/her when apprehended and the
judge must tell him/her in court.
What
happens to a young person who is detained in custody?
Young offenders have the same entitlement to bail as adult
offenders.
- The
youth’s parents must be notified.
- Youths
must, where possible, be detained separately from adults.
- The Youth
Court has the power to release a youth into the care of a
responsible adult.
- The youth
may be released on an undertaking or recognizance.
- A youth
can be returned to custody if the conditions of his/her release
are not followed.
What
sentence can the Youth Court give?
The dispositions available are:
- An
absolute discharge.
- A fine.
- A
compensation order to the victim of the offence.
- A
community service order to perform a specified amount of work
for the community.
- Detention,
where necessary, for treatment where the young person, the
parents, and the facility consent to such an order.
- Probation
for up to two years.
- Committal
to intermittent or continuous custody for a specified period.
- Any
additional conditions that the judge considers are in the best
interest of society or the young offender, such as the surrender
of illegal goods or a prohibition against the possession of
firearms.
- Any
combination of these dispositions as long as the combination
does not exceed the stated maximum of three years.
What
does a Committal to Custody involve?
 A Committal to Custody means the young person will be
admitted to a specially designated residential facility from
which his/her access to the community is restricted.
- Open
Custody means admission to places like community residential
centres, group homes, childcare institutions or forest and
wilderness camps.
- Secure
Custody means admission to facilities specially designated
for the secure containment or restraint of young offenders.
Can a
young person appeal against the decision of the Youth Court?
Yes. A young person has similar rights of appeal as an adult
under the Criminal Code of Canada.
What
happens if a young person does not abide by the disposition?
If a young person wilfully fails or refuses to abide with a
disposition, or escapes or tries to escape from custody, he/she
can be charged and tried with a specific criminal offence, and
new and consecutive dispositions may then be imposed.
Is
Youth Court open to the public?
Yes. The judge, however, will have the authority to exclude
anyone when:
- the
exclusion is in the interest of public morals, the maintenance
of order, or the proper administration of justice.
- information being presented to the court would be "seriously
injurious" or "seriously prejudicial" to any young person or
child present, whether he/she is the accused, the victim or a
witness.
Can
young people be identified by the media?
No. However, details of an offence or a trial can be
reported. The news media must respect the anonymity of a young
person involved, whether he/she is the accused, the victim, or
the witness. There are two exceptions:
- When a
police officer requests it, a Youth Court must make an order
permitting publication of the identify of a youth who poses a
danger to the public, if publication is necessary to aid in the
apprehension of the young person.
- A Youth
Court may make an order to identify an accused person, a witness
or a victim if the person to be identified requests it.
Can a
youth be fingerprinted and photographed?
Yes, but only with certain safeguards and when serious cases
are being investigated.
Family Court
How do I go about changing my name or the
name of my child?
Please contact the
Vital
Statistics division of Government Services and Lands.
Small Claims Court
Do I need to have a lawyer to represent me
in Small Claims Court or on a peace bond application?
No. Whether you wish to have a lawyer represent you is your
decision.
How many points will I lose if convicted
of breaching Section ---- of the Highway Traffic Act?
This will be determined by the Registrar of Motor vehicles and
not the court. You will be notified by mail by the
Motor
Registration Division.
How do I file an appeal?
Once a matter has been dealt with in Provincial Court you have
30 days following the final disposition to appeal the court's
decision. You may appeal your conviction or sentence, or both,
or, in a civil or family case, the judgment rendered against
you. Where your appeal must be filed depends on the nature of
the case being appealed, but information on how and where to
file your appeal may be obtained from the Registrar's office at
the Supreme Court of Newfoundland.
How can I get an extension of time to
pay my fine?
If you have been fined and the due date is approaching and you
need more time to pay your fine you may seek an extension of
time to pay the fine by completing an application form. A court
date will then be set for you to appear before a judge. After
hearing the reasons for your application the judge will decide
if the extension will be granted.
What
is a Plaintiff?
Plaintiff means a person who brings a civil action or who
sues in a civil action and is so named in the record.
What
is a Defendant?
Defendant is a term used in the civil law to indicate a party
against whom an action or proceeding is taken.
Who
can sue and be sued in Small Claims court?
Only a legal entity can sue and be sued.
A legal
entity is:
- an
individual
- a
company/corporation
- a
registered partnership
- a
government - municipal, provincial, federal
What is the maximum amount of claim in Small Claims Court?
$5,000.00 before costs. If the amount exceeds $5,000.00, you may
initiate your claim in Supreme Court of Newfoundland OR abandon
the amount in excess of $5,000.00. A claim cannot be divided to
bring it within the jurisdiction of the Court.
What are the costs in taking a person to Small Claims Court?
The fee to file a claim up to and including $5,000.00 is
$100.00. This is the only amount you will pay to the Court.
Costs of service of documents are EXTRA.
Can I claim costs for filing a claim and for costs of service
of documents?
Yes. However, if your costs exceed 10% of your Claim, you
must make an Application to the Court on Form 14.
What is required if the claim involves a motor vehicle
accident?
The
Plaintiff is required to have an original and two photocopies of
the estimate of damages to the vehicle or a receipt for repairs
completed.
What is required if the claim is against a company?
It is
essential that the FULL NAME AND ADDRESS be shown for both
Plaintiff and Defendant. Initials are not sufficient unless it
is a firm name. Where a business is not incorporated, it should
be shown as the Plaintiff’s (Defendant’s) name, plus the
business name, e.g., Paul Smith trading as Paul’s Electronics.
If either party is a Company, the Court will require you to file
Form 3 and 6 with your Statement of Claim. These forms are
available at the Registry of Deeds and Companies - Confederation
Building.
What forms do I need to start a claim?
You are required to complete Statement of Claim Form No. 1
(Court staff will assist you if you incur any difficulties).
When forms are completed, return them to Small Claims Court to
be numbered, registered and signed by an authorized officer of
the Court before being served on the Defendant.
How do I serve the documents?
You may serve the documents personally on the Defendant or by
serving Registered mail or have a process server serve them. An
instruction sheet on what copies to serve and how is available
at the Court.
How long does the Defendant have to respond to the Statement
of Claim?
Ten days. (30 days for non-residents.)
What happens after ten days have elapsed from the date of
service of the documents?
If a Reply is not filed within ten days (30 days outside the
Province), the plaintiff may proceed to have Default Judgment
issued. You will be required to complete Form #5.
What happens if a Reply is filed?
If a Reply is filed, a Settlement Conference may be held at
the time and date set by the Court or a trial date may be set.
What is a settlement conference?
A settlement conference is a pre-trial hearing in which both
parties, in the presence of a mediator, may discuss the claim
and come to an agreement without going to trial.
What happens if no agreement is reached at a settlement
conference?
If no agreement is reached at a settlement conference, a date
for trial will be set by the Court. If no settlement conference
is held, a trial date will be set by the Court.
What happens after the Default Judgment is issued by the
Court?
You may proceed to Enforcement if your Judgment has been
registered with the Sheriff’s Office, pursuant to the Judgment
Enforcement Act. A brochure is available from the Court
pertaining to Enforcement.
How do I registered my Judgment?
If you wish to proceed to Enforcement, you should complete a
Registration Form available from the Court and file with your
Judgment. The Court will register your Judgment on the Judgment
Enforcement Registry.
Does the Court require the Parties to have the services of a
lawyer?
The Plaintiff/Defendant is not required to have the services
of a lawyer. Either party may engage the services of a lawyer if
they so desire.
Traffic Court
Before I decide to contest this
ticket/charge/application for a peace bond... can I just tell
you about it and get your opinion on it?
No, the staff and judges are not allowed to give legal advice.
If you want an opinion you should consult with a lawyer.
Can I
represent myself in Traffic Court or do I need a lawyer?
Yes, you may represent yourself in Traffic Court. If you
so desire, you may engage the services of a lawyer or an agent.
Can I
call witnesses on my behalf?
If you so desire, you may.
Are
there any court costs if I wish to contest my traffic ticket?
No, there are no court costs.
If I
lose my court case, can I receive a higher fine?
At the discretion of the Judge, you may receive a
higher fine.
 If I
set a court date but change my mind and decide to pay the fine,
can I do that or must I go to court anyway?
Yes, the fine can be paid but you should notify the
court of the cancellation of your court date a few days prior to
that date.
If I
am found guilty of an offence and I don’t agree with it, what
can I do about it?
You may file an appeal with the Supreme Court of
Newfoundland within 30 days from the conviction.
When I
received my traffic ticket, there was a person with me. Can I
call that person as a witness?
Yes, this person can be called as a witness, if you so
wish.
What
is the procedure for a postponement?
A postponement cannot be granted over the telephone or
by mail. If unable to appear, a person should appear in court
for you and ask for a postponement.
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