Guides to going to court

A peace bond attempts to protect you by directing the defendant not to make further threats or cause further harm to you. It warns the defendant that, if the threatening behaviour continues, they risk getting a fine, a jail term or other sentence and a criminal record.

While under a peace bond, the other person must stop the threatening or harmful behaviour and stay away from you. This person is called the defendant. By signing the peace bond the defendant agrees to keep the peace and be of good behaviour. The peace bond may include other conditions, such as the defendant agreeing to have no direct or indirect contact with you.

You are not charging the defendant with an offence when you ask the court for a peace bond. You are asking the court to set conditions to protect you from the defendant.

You have to show the Justice of the Peace that you have a reasonable fear because the defendant:

• threatened or assaulted you or your family, or
• threatened or damaged your property, and
• you continue to fear for your safety. If you have no continuing fear of the defendant, it is unlikely that a court will give you a peace bond.

The Criminal Code allows you, or someone on your behalf, to apply for a peace bond or 'lay an Information'. However, the police will not apply for a peace bond for you. The police investigate criminal charges and may lay charges if you have been physically assaulted or threatened or had your property damaged.

A peace bond can be a good deterrent in many cases. It can help prevent threats and assaults. Going to court and signing the bond before a Justice of the Peace may persuade the defendant to avoid you. However, not all defendants respect the terms of a peace bond, and you still need to be careful for your safety. 

If you are dealing with threatening behaviour, you need a safety plan. Safety planning involves considering different ways to protect yourself and your family. Applying for a peace bond should only be one part of the plan. There may be services in your community to help you develop a safety plan if someone threatens you. Contact the police, Victim Services, or 211 to find out if there are services in your community that can help you with safety planning. 

A peace bond may not always be the best solution to your problem. Depending on what is happening, there may be other legal steps that you can take before applying for a peace bond. For example, in some cases, sending the other person a cease-and-desist letter or issuing them a protection of property notice might be a better approach. 

Like anything else, peace bonds have some limitations. Keep in mind:

• The threat of getting a criminal record may not be enough to stop the defendant from assaulting you. The bond is most effective against a person with basic respect for the law.
• Getting a peace bond takes time. It can take weeks or even months to get a peace bond and even longer to get the defendant convicted if the defendant breaks the bond. 
• Peace bonds are not permanent. They last for a maximum period of one year. You must make a new application if you want to get another peace bond after the first one ends.
• A defendant will not be charged for breach of a peace bond unless the police have reasonable grounds to believe the defendant broke the bond. You can take the matter to court yourself if the police do not lay charges, but you would have to present the case yourself or hire a lawyer to do it for you.

Call 911. 

If you were in a romantic relationship with the defendant, you may also be able to apply for an emergency protection order over the phone. For more information, visit the NS Family Law webpage on Emergency Protection Orders.

A peace bond usually contains a condition that says the defendant must have no direct or indirect contact with you. It is the defendant's responsibility not to contact you directly or indirectly.

Direct contact occurs if the defendant speaks to you in person or on the phone, writes to you, leaves a telephone, voice mail or email message, or enters your presence.

Indirect contact occurs when the defendant communicates or tries to communicate, a message to you through another person or by leaving something for you where the defendant knows you will find it.

A peace bond does not prevent you from voluntarily contacting the defendant, but if you do, you may find it more difficult to enforce the peace bond later.

There are some people in your life that you must have some contact with for specific reasons. For example, you may have to communicate with an ex while co-parenting. The peace bond can be worded in a way that allows for some contact for a specific reason. 

It depends on what crime the police charge the defendant with and whether you are the victim of the crime. 

If the defendant is charged with a crime for something they did to you and they are released from custody pending trial, the police or the Court will impose a no-contact condition on the defendant. There is no need to apply for a peace bond while the defendant is under a no-contact condition.

If the defendant is charged with a crime, you should contact the Crown Attorney's office dealing with the charge or the Victims' Services Office as soon as possible to ensure that the defendant is ordered to have no contact with you. You must also ensure you are notified if the no-contact condition is lifted.  

If the defendant pleads guilty or is convicted of the charge, they may be placed on probation and ordered to have no contact with you as part of the probation order. This would have the same effect as a peace bond. If you want other conditions to apply, you can ask the Crown Attorney about that. 

Go here for contact information for your region's Crown Attorney’s office. 

Go here to find contact information for Victim Services in your region.

 Yes. You can still apply for a peace bond if the defendant has been acquitted or had the charges dismissed. 

Not necessarily. Sometimes, when the police do not have enough evidence to press charges against the person you are fearful of (the defendant), they may tell you to apply to the court for a peace bond. However, that does not mean that the court will definitely give you a peace bond. The court will order a peace bond only when it is satisfied that you have reasonable grounds to believe that the defendant will cause:

• personal injury to you, or
• personal injury to your children, or
• personal injury to your current or former spouse, common-law partner, or dating partner, or
• damage to your property.

If the court is not satisfied that you have reasonable ground to fear, they will not order a peace bond, even if the police advised you to apply for one. 

You can apply for a peace bond against any person you have reasonable grounds to be fearful of. 

However, there are some people in your life with whom you will have some contact, whether you have a peace bond or not. This could be people who live nearby, like a neighbour or roommate, or people with whom you have a legal or professional relationship, like a co-worker or landlord.

In those situations, it may be harder to obtain a peace bond because the other party may have plausible explanations for whatever negative interactions caused you to apply for the peace bond. 

Also, a peace bond may not be enough to solve the conflict if the conflict involves someone like a neighbour, roommate, landlord, co-worker, etc. There are likely other legal or interpersonal steps you need to take to address the situation. 

You cannot use a peace bond to do things like:

• force a neighbour to move out
• evict a roommate 
• change your landlord or building superintendent
• change co-workers or managers
• change teachers
• change your parenting arrangement

No, you are not required to contact the police before applying for a peace bond. 

However, if the defendant committed a crime, contacting the police is the correct thing to do. The peace bond process can take 2-3 months to complete. The police response is usually much quicker than that.

For example, if you have been assaulted, a peace bond may not be the safest way to respond. You should consider contacting the police to lay an assault charge against the person who assaulted you. 

There are 'anti-stalking' laws that may help protect you if you fear for your safety because someone is repeatedly:

•  following you around,
• calling you, your family, friends or workplace,
• watching your home or workplace and
• doing anything which threatens you or your family.

If this is happening to you, you should talk with the police. Anti-stalking laws are also called 'criminal harassment' laws.

If you apply for a peace bond, the Court will ask whether you have contacted the police. If you don’t contact the police, the Court will want to know why not. If you do contact the police, the Court will want to know what the police told you. 

You are not required to have a lawyer represent you at a peace bond hearing. However, it is a good idea to discuss the situation with a lawyer before deciding what to do. The lawyer can advise you of your rights and explain the court process. Together, you can decide if you should hire the lawyer to go to court with you.

Also, you may not feel comfortable speaking in court and questioning witnesses. A lawyer is trained to do this.

Usually, legal aid does not provide lawyers for peace bond applications. However, if you qualify for Legal Aid and have other issues they are dealing with, you can get some advice from them. In some areas, there are programs that may help you apply for a peace bond. Court staff will usually know if these exist in your community.

You must go to the Provincial Court in your area. If you have an existing legal proceeding in the Family Court or the Supreme Court (Family Division), you may apply for a peace bond in that court.

Before you can get a peace bond, there is a court hearing. You must be prepared to face the defendant in court and say why you are afraid of the defendant. If you are concerned about your safety in court or while waiting for court, contact the court administration office.

To start the process in Provincial Court, you or your lawyer must file an Information (NS Form 3/2) and a Statement of Complaint

Information is a sworn statement you make. In the Information, you must explain why you fear that the defendant (the person you are applying for a peace bond against) might hurt you, your child, your spouse, or your common-law partner or that the defendant will damage your property. 

Go here for more information about filling out the forms. You can contact the court staff in advance for instructions on filing, but please note that court staff cannot give advice. Contact information for all courthouses is available online here.  

Getting a peace bond usually involves at least two court appearances. You should expect your first appearance to be by telephone. If you need to have a final hearing, expect the final hearing to be in person. 

Once you file the forms, a Justice of Peace (JP) will meet you and determine if the application can proceed to a hearing. Be sure to put details in the Information to support the basis for your fear. 

If the Justice of the Peace decides the application can move on to a hearing, they will issue a summons to the defendant to attend a specific court date. A summons is a court paper that requires the person that you are applying for a peace bond to come to court. You will have to make arrangements to serve the summons to the defendant. A peace officer, such as a police officer, a bailiff or a private process server, must serve the summons. You cannot serve the summons yourself.

You must attend the court date mentioned in the summons, and the defendant will also come for the first court appearance. Since May 2020, the Provincial Courts have adopted a virtual process for the first court appearance for peace bonds. Expect your first court appearance via teleconference, during which you and the defendant will receive a phone call from the courthouse. 

The first court appearance is not a final hearing. At the first court appearance, the Justice of the Peace will ask the defendant if they consent to signing the peace bond.  If the defendant agrees and there are sufficient grounds, an order will be made requiring the defendant to sign the peace bond.  If the defendant does not consent, the Justice of the Peace will set a date for a peace bond hearing (which will be in person).  

You don't have to present your case at the first court appearance, but you should be prepared to answer some general questions from the Justice of the Peace. They may also ask you some questions like:

• whether you plan to hire a lawyer,
• whether you plan to call any witnesses at the final hearing and - if so - why you are calling those witnesses (what part of the case they will talk about). 
• whether you have any supporting documents that you want to present at the final hearing

If you have any questions about the court procedure, the first court appearance is a good chance to ask them directly to the Justice of the Peace. 

If the defendant does not consent to the peace bond, your application must go to a final hearing. 

 At the hearing, you will testify under oath and tell the court why you fear the defendant will cause harm to you or your child or your spouse or common-law partner or damage your property. 

The defendant (or their legal representative) can ask you questions about your evidence.  If you have witnesses, they will also testify under oath, and the defendant or their legal representative may ask them questions too.  

The defendant then will have the opportunity to give evidence under oath, and you or your legal representative will be able to ask them questions about their evidence.  The defendant also may bring witnesses to testify, and you or your legal representative can question them about their testimony.  

At the end of the evidence, you and the defendant will have the opportunity to summarize your positions as to why the defendant should or should not be required to enter into the peace bond.  

The Justice of the Peace will review the evidence, including any materials provided, such as tapes, photos or notes and decide whether you have reasonable grounds to fear the defendant.  If so, the Justice of the Peace will issue a peace bond. If not, they will dismiss the application. 

Obtaining a peace bond may take several weeks or even months. The length of time depends on the Provincial Court schedule in your area, whether the defendant agrees to sign the peace bond at the first court appearance, or whether there will be a final hearing. 

The peace bond hearing usually happens 4 to 8 weeks from the first court appearance.  

If you have concerns about your safety while waiting for a peace bond, be sure to have a safety plan in place and check if you can apply for an Emergency Protection Order.

Yes. A subpoena is a court document that requires a person to give evidence at a court proceeding (like a peace bond hearing). The subpoena tells the person that they must come to the court on a certain date and time to give oral evidence or to provide a document to the court. You may subpoena a witness if they refuse to come to court. 

You must complete the Subpoena to a Witness form to subpoena a witness. Contact the court staff if you need help with the form. Once you have filled it out, make two additional copies of it. Take the original and the two copies to meet a court officer. A designated court officer must sign the subpoena for it to be valid. 

The officer will keep one as a court copy, keep it with the court file, and give you two copies. You will keep one copy for yourself, and the other must be personally served to the witness. Make sure to serve them at least a few days before the peace bond hearing date.

Only call witnesses that you absolutely need to hear from. Generally speaking, calling more witnesses means a greater chance of delay in your case because one or more witnesses may be unable to attend your court date. 

By signing a peace bond, the defendant promises to leave you alone, keep the peace and be of good behaviour for the time set out in the peace bond. A peace bond may last up to one year. The Justice of the Peace decides how long it will last.

Before issuing the peace bond, the Justice of the Peace must decide whether to include conditions to offer you further protection. These could include ordering the defendant:

• to stay away from specific places where you, your spouse or your child regularly go, such as your work, home or school;
• not to communicate with you, your spouse or your child. This includes by phone, by mail, in person, or through another person;
• to post an amount of money and obtain a surety. A surety is a person who vouches for the defendant and agrees to supervise them to ensure the conditions are obeyed; and
• to abide by other conditions required to ensure your safety. For example, the Justice of the Peace may order that the defendant have no contact with you other than to arrange access to or exercise access to the children or that the defendant not possess firearms, ammunition, explosives, or other weapons.

You or your lawyer may ask for additional conditions to the peace bond. If you do not have a lawyer, do not hesitate to ask the Justice of the Peace for additional conditions.

Generally, the police can enforce peace bonds anywhere across Nova Scotia and the rest of Canada. However, if you move or leave the province, you should carefully review the conditions of your peace bond. For example, the peace bond may restrict the defendant from coming within a certain distance of your home at a specific address. If you move to a new address, you may not have continued protection. If you are uncertain whether your peace bond will apply in your new location, consult your local police service. 

The police can only enforce the terms of a peace bond as written. They cannot change the terms of the peace bond for you. If necessary, you may have to apply to the court to change the terms of the peace bond, which would involve another hearing.

Yes. You will get a certified copy of the bond from the court staff. A certified copy says that it is a true copy of the original peace bond. You can get a copy from the court office when the defendant signs the bond. If you feel unsafe waiting after court, you can pick up a copy later.

You should keep the peace bond in a safe place. You should show the police your copy if the defendant breaks the conditions of the peace bond. You may want to carry a copy of the peace bond with you. If you lose your copy, you can get another one at the court where it was issued. If one of the peace bond conditions is the defendant cannot contact the children, be sure to give officials at the school or daycare a copy.

No. A peace bond is not a criminal conviction. The defendant will not get a criminal record by signing the peace bond. However, if the defendant breaks any of the conditions on the bond, they may be charged with a criminal offence. If convicted of the offence, the defendant will get a criminal record.

Also, a peace bond can show up on a police information check or a vulnerable sector check, as those more enhanced background checks show “non-conviction information”.

If the defendant breaks any of the peace bond conditions, you can call the police and report it. The police can charge the defendant with a criminal offence for violating the conditions of the peace bond. If the defendant is found guilty, they may be fined, given a jail term, or both. 

The defendant may also be charged with any other offence (for example, assault) they committed when the peace bond was broken. The defendant could be charged with breaking the peace bond conditions even if they were not violent or threatening on that occasion.

It is up to you to report to the police if the peace bond is broken. Even if you decide not to call the police, you should record the day and time that the defendant broke the peace bond and what the defendant did because if you later decide to call the police or have to go to court, you will need this information.

The peace bond is for your protection. If you ask for a 'no contact' provision in the peace bond and you later willingly contact the defendant, you may have difficulty getting the police to charge the defendant if the defendant later breaks the peace bond by contacting you.

No, not always. The police always have discretion over whether to lay a charge or not. The police can lay charges if there is evidence of a breach of the conditions of the bond, but you cannot force them to do so if they conclude that charges are inappropriate. 

In family violence cases, the Nova Scotia Department of Justice has guidelines that encourage police to arrest and charge the defendant when there is evidence to do so. This includes directions to the police to:

•  arrest defendants where there is evidence that they have broken a peace bond;
• lay a charge when there are reasonable grounds or arrest someone for breaking a peace bond;
• take into consideration the importance of the victim's safety and that of the children and provide transport to a safe place if necessary; and
• keep the victim informed of the progress of the case.

Charges laid by the police will usually be heard in Provincial Court. If the police do lay a charge, you will be asked to give information on the details of the breach. It is then up to the Crown Attorney to deal with the case against the defendant in court.

Depending on how the peace bond was breached, it may take two to three weeks from the time you report a breach of a bond until the police serve a summons on the defendant. The summons tells the defendant what the charges are and the court date for the hearing. Court staff are required to give priority to spousal/partner violence matters.

If the police do not lay charges and you think they should, you should contact police officials in your area to discuss why they are not taking action, or you can take the matter to court yourself.

If the police do not lay charges, you may lay private charges. If you do, you or your lawyer will have to present the evidence of the peace bond breach in court. You will have to give evidence. If possible, have witnesses come to court to back up your evidence. The defendant can also have witnesses come to court.

If the defendant has witnesses, you or your lawyer may ask them questions.

Being found guilty of breaking a peace bond is a serious matter. The defendant may get a criminal record and, depending on the seriousness of the breach, could get up to four years in jail. It is rare for a defendant to get the maximum sentence. A typical sentence for a first offence is release on probation with conditions such as staying away from you and your family.

If the defendant breaks the peace bond by following you around (called stalking) so that you fear for your safety or that of your family, the Justice of the Peace will consider the stalking as an aggravating factor (a factor that makes things worse) when sentencing the defendant.

If you have a peace bond against your spouse and decide to try living together again, it breaches the 'no contact' condition in the peace bond.

You or the defendant may return to the court that issued the peace bond and ask to have the 'no contact' condition amended or deleted. The other peace bond conditions, such as the requirement that the defendant keep the peace and be of good behaviour, may remain in place. However, you should be aware that, depending on the circumstances, the police may be reluctant to enforce the terms of the peace bond if you get back together with your partner.

If the defendant becomes violent and the peace bond is still in effect, you can return to court and ask to reinstate the 'no contact' clause.

Yes.  If you have children and you get a peace bond against the other parent, the peace bond will usually be worded in a way that allows for limited contact for court-ordered parenting time.

The Justice of the Peace can still order the defendant to have no contact with you, even if the defendant has a parenting arrangement with the children. However, a peace bond application is not a substitute for a Family Court proceeding. If you are co-parenting with the defendant, your case may also need to go to Family Court. 

If the defendant has parenting time under a court order or written separation agreement, you should point this out at the peace bond hearing. The Justice of the Peace can consider the parenting arrangements when setting the conditions for the bond. The peace bond might include conditions that state:

• that parenting arrangements be made through a third person, such as a neighbour, friend or family member you trust. You should ask this person's permission and ensure they agree to help you.) 
• that the defendant contact you only by phone or email and only to arrange time with the children. 
• that the defendant remains in their car when picking up or dropping off the children, and you send them out to the car alone or with someone. 
• that pick-ups and drop-offs only happen in a particular public place. 

However, the Justice of the Peace may choose not to include specific conditions like that, in which case you may need to apply to Family Court to address those specific things.  

If you already have a peace bond and you and your spouse are going to Family Court over parenting issues, you should tell your lawyer (if you have one) and the court about the peace bond.  Tell the Family Court about any no-contact orders or other court matters between you and your spouse that may affect your safety and the safety of your children.

If you are applying for a peace bond, or someone has applied to get a peace bond against you, you may want to hire a criminal defence lawyer to get legal advice and help with the process.

If you have questions about peace bonds that aren’t answered by this article, you can contact the Legal Information Society of Nova Scotia for more information. 

Victim Resources
Depending on your situation and where you live in the province, there may be agencies that can help you, such as:

• helplines - call 211 or go to ns.211.ca/
• nsdomesticviolence.ca - information, support, resources
• transition houses - go to thans.ns.ca for shelter contact information and
• women's centres (go to womenconnect.ca for locations)

Victim Services Division
Nova Scotia Department of Justice
Halifax Region - 902-424.3307
Kentville 902-679.6201 or 1.800.565.1805 toll free
New Glasgow 902-755.7110 or 1.800.565.7912 toll-free
Sydney 902-563.3655 or 1.800.565.0071 toll-free

Go to novascotia.ca/just/victim_Services/ for more information about the Department of Justice Victim Services.

The Regional Victim Services Program provides information, support and advocacy for victims of crime within the criminal justice system. Services include:

• emotional support to victims of crime
• providing information to victims on their particular case and the criminal justice process;
• communicating with police, Crown Attorney, and other justice agencies as the case proceeds through the system; 
• help with victim impact statements
• providing information about how to seek restitution

The program also provides a comprehensive service to address the special needs of child victims or witnesses as they prepare to testify in court.

If you wish to apply for a peace bond through the Provincial Court in Halifax and Dartmouth, you can get support from Halifax Regional Police (HRP) Victim Services. Victim Services volunteers may provide applicants with information on the application process, assistance with the application forms and ongoing emotional support.  Contact HRP Victim Services at 902-490-5300 for more information about their Peace Bond Navigator program.

Being accused of a crime is a serious matter. It is wise to have a lawyer represent you. Lawyers know the law and legal procedures. They are used to presenting cases and speaking in court. They know what types of questions to ask and how to prepare evidence.

You should talk with a lawyer to get advice about your situation.  There is no need to be embarrassed or nervous to talk to a lawyer about what brings you to court.  Anything you say to a lawyer is private and privileged and cannot be passed on to anyone else without your clear permission. Even if you cannot afford a lawyer to represent you in court, there are services and help available to you. 

You may be able to get free legal help through Nova Scotia Legal Aid.  Contact Nova Scotia Legal Aid to see if you qualify.  Visit nslegalaid.ca for more information and to apply online, or look in the telephone book under ‘Legal Aid’ or ‘Nova Scotia Legal Aid’ for contact information.  You can also get a Legal Aid Application Form from Legal Aid Duty Counsel or other Legal Aid staff at Court. 
 
If you do not qualify for full representation from Nova Scotia Legal Aid, you may still be able to get summary (brief) legal advice or Duty Counsel help from NS Legal Aid.  You may also appeal a Denial of Legal Aid Services.  You need to do that in writing,  but it can just be a short letter.  Here is more information about appealing a denial of Legal Aid.

You should also contact a private lawyer who does criminal law.  If you have an Employee Assistance Program through your employer, you may be entitled to a free consultation with a lawyer, or legal representation at a discounted rate. Some private lawyers will offer either free initial 30 minute consultations, or quick consultations at reduced rates. Here are some more ways to find a lawyer.  Make sure you understand how, and how much, the lawyer will charge for their work.

Nova Scotia Legal Aid offers Duty Counsel lawyers at the Provincial Courts.  Duty Counsel provides free help with issues currently before the court, but they do not provide full, start-to-finish representation.  Services are provided to adults and youth in custody, as well as to those not in custody.  Duty Counsel is available to anyone who does not have a lawyer, regardless of income. Ask at the courthouse about Legal Aid Duty Counsel services.

Court-Appointed Counsel Applications ("Rowbotham Applications":
If you have been denied Legal Aid and cannot afford a private lawyer, there may be another option.  You can apply to the Nova Scotia Provincial Court, or to the court that is to hear your case, to ask for a lawyer who will be funded for you.  This is called a Rowbotham Application.  Go to courts.ns.ca for more information about Rowbotham Applications.

If you are unable or do not wish to hire a lawyer, you can represent yourself in court. You should still get some legal advice on your situation before you go to court, even if you are going to represent yourself in court.

The Canadian Charter of Rights and Freedoms protects the rights of Canadians, including those suspected or accused of a crime.

You have a right to have court hearings in English or French. Also, if you do not understand or speak the language in which hearings are conducted, or you are deaf, you have the right to the assistance of an interpreter.

You should tell the judge as soon as possible if you need the help of an interpreter or you want the hearings in French, or have a friend explain this to the judge.

If you are arrested:

• you have a right to know the reason for the arrest;
• you have a right to speak with a lawyer and the police must tell you of this right. If you cannot reach the lawyer of your choice, you have the right to contact Duty Counsel and police must hold off on questioning you until you've had a reasonable opportunity to speak to a lawyer; and
• you have a right to be brought before a judge within 24 hours of your arrest.

Other rights include

• the right to remain silent;
• the right to be presumed innocent until proven guilty in court;
• the right to be tried within a reasonable time; and
• the right to a trial by judge and jury if the maximum sentence for the offence is five or more years in prison.

You will find more information below about some of these rights but it is not possible to go into them in detail. If you have questions about how these rights affect your situation you should talk with a lawyer.

What you are charged with is called an offence. There are offences under federal laws such as the Criminal Code. These are called criminal offences. There are offences under provincial laws such as the Motor Vehicle Act. You cannot be fingerprinted for a regulatory offence, like speeding. These are NOT criminal offences. 

No matter what type of offence you are charged with, you will get a written notice describing the offence, the date of the offence and the law you allegedly broke. For example, if you are charged with shoplifting, the notice may say "theft under $5000 contrary to section 334(b) of the Criminal Code of Canada".

The notice may be called a Summons, an Appearance Notice, or a Promise to Appear. It will also give the date and time that you have to go to court to answer the charge. You must go to court on the date and time listed on your notice.

If you fail to appear on the date and time on your notice, a warrant may be issued for your arrest.

You may also be required to follow certain conditions while your case goes through the court system.  These conditions will be put in writing on an Undertaking or a Recognizance, and you will get a copy. 

You may also seek to change any of the conditions of your release after notifying the Court and the Prosecutor.  Duty Counsel can help you with this if you do not have a lawyer.

You should try to speak with a lawyer to get legal advice about your situation as soon as possible.

No. There are two procedures for dealing with a criminal offence depending on how serious it is.

a) Indictable offences (pronounced in-DITE-able) are the most serious. Murder, aggravated sexual assault, robbery, break and enter and theft over $5000 are examples of some indictable offences.

b) Summary offences are less serious. Unless otherwise provided, they have a maximum penalty of a fine of $5000 or six months in prison (sometimes up to 2 years less a day) or both. An example of a summary offence is causing a disturbance in public.  You cannot be fingerprinted for a summary conviction offence.

Sometimes the Crown Attorney can decide whether the offence will be treated as summary or indictable. These are called hybrid offences.  Most offences are hybrid offences. You may be fingerprinted and/or photographed for hybrid offences..  Examples are theft under $5000 and impaired driving. The Crown Attorney decides which procedure to use and tells the judge before you are required to enter an election or plea.  An election is your choice on method of trial (talked about more below) on the first date that you are in court. The Crown Attorney is the lawyer who presents the case against you.

The police are allowed to assume that a hybrid offence will be treated as indictable. This allows them to demand that the accused provide photographs and fingerprints before the trial.

All offences under provincial laws such as the Motor Vehicle Act and the Liquor Control Act are dealt with by summary procedure.  Offences under provincial laws are not criminal.

You will get a criminal record if you are found guilty and convicted of a criminal offence (summary or indictable). However, if your sentence is an absolute or conditional discharge, you will not have a criminal record, although there will be a police record of the discharge.  Click here for information about criminal records and record suspensions (pardons).

You will not have a criminal record if you are found guilty of an offence under provincial law.

The written notice that tells you what you have been charged with will also say the date that you first have to go to court.

You must go to court on the date and at the time indicated. If you do not turn up, the judge may issue a warrant for your arrest. A warrant is an order of the court that allows the police to arrest you and hold you in custody (lock up) until they can take you before a judge.

If you have a good reason for not being in court, you should call the court office and let them know. You may also ask a friend or relative to go to court and explain why you are not there. A good reason might be if you are ill. You will need to provide the court with a written note from your doctor that you are too ill to attend court. Failing to show up because you are on holiday or at work is usually not a good reason.

You may want to visit the court before your court date so that you can watch what happens there. You will see where everyone sits and what they do and how the court operates. This may help you be more relaxed and less nervous when your court date comes up.

On the day you have to go to court, you should arrive 10 or 15 minutes before you have to. If there is more than one courtroom you can ask at the information desk which court you should be in. You can go into the courtroom and sit in the seats for the public which are towards the back of the court room.

There are Nova Scotia Legal Aid Duty Counsel services (free legal advice for your court appearance for that day) are available at most courts.  Ask at the information desk at court about Nova Scotia Legal Aid Duty Counsel.

Go to the Nova Scotia Courts website, Provincial Court section for more information about appearing in Provincial Court. 

 In many cases, if you plead guilty, there may only be one court appearance. In most cases where you plead not guilty, there are at least two court appearances.

 There may be more than one court date:

a) If you or the Crown Attorney ask for adjournments (delays). For example, you might ask the judge for an adjournment to give you time to get legal advice or review your disclosure.

b) If you plead "not guilty" the judge will set a date for trial.

c) If you plead guilty, the judge may deal with the sentencing right away or set a date for sentencing. 

d) If you are found guilty at your trial, the judge may want time to consider what sentence to give you and set a date for sentencing. You can also ask for an adjournment to have reports prepared to help with your sentencing like: a Pre-Sentence Report; a Gladue Report if you are Indigenous; or an Impact of Race and Culture Assessment (IRCA), if you are African-Nova Scotian.

This is often called the arraignment date. Nova Scotia Legal Aid has an Arraignment fact sheet.  The first appearance usually lasts no more than five to ten minutes. There will be a number of cases being dealt with by the court on the same day. Listen carefully so that you can hear when the court clerk calls your case. Cases where the accused has a lawyer are usually called first. The remaining matters are then called in alphabetical order.

The court clerk will read out your name. You should walk to the front of the court where the judge can see you.

The court clerk will read the "information", which contains the charge against you.

The judge will ask you if you understand the charge. Tell the judge if you do not
understand and the judge will explain it to you. If you do understand say so.

When you have told the judge that you understand the charge, they will ask you if you plead guilty or not guilty and how you elect (choose) to be tried. The judge will say "Are you prepared to plead?" .  Nova Scotia Legal Aid has a Pleas and Elections fact sheet.

Pleading guilty means that you admit that you committed the offence you are charged with.

Your choices are:

1. You can plead not guilty. The judge will then set a trial date.

2. You can ask for a delay (called an adjournment) if you need time to speak with a lawyer.

3. You can plead guilty.

If you are not sure how to plead, the judge may adjourn the matter and give you time to speak with a lawyer, or enter a not guilty plea and set a date for trial.

It is your decision how you plead. Even if you decide not to hire a lawyer to represent you in court, you should get some legal advice about your situation before you decide how to plead.  It is important that you get disclosure from the Crown, and review it with a lawyer if possible, before you enter a plea. Disclosure is explained below.

If you plead guilty the judge may sentence you then or set a date for sentencing.

You or the Crown Attorney may ask the judge to order a background report be prepared on you. This is called a pre-sentence report and is prepared by a probation officer.

Election

With some indictable offences, you may elect (choose) how to be tried. This means you elect whether to be tried in

• Provincial Court by a judge alone;
• in Supreme Court by a judge alone; or,
• in Supreme Court by a judge and jury.

If your case is adjourned (postponed) to allow you to get legal advice, the judge will set a date for another hearing. It will follow much the same procedure as that for a first appearance.

Be sure that you arrange to see a lawyer as soon as possible.

Do not leave it until the day before your next court date.

Judges are understanding about asking for adjournments to seek a lawyer.  But if you ask for too many adjournments, the judge will deem your election and/or plea to be the highest available election.  For example: if you are charged with an indictable offence the judge will deem you to have elected trial by Supreme Court Justice sitting with a jury. 

If you plead guilty and the judge sets a date for sentencing, the next court date will deal with sentencing.

If you plead not guilty, the next court hearing will likely be the trial or a preliminary hearing and that may be several months after the first court appearance. Again, you should be sure to get some legal advice before your trial or preliminary hearing.

Whatever the reason for the second court date, the judge will choose a date that is acceptable to you and the Crown Attorney and that fits in the court schedule. Be sure you know if there are dates when you are not available so that you can tell the judge. Write down the date and time that you will need to be in court again. If you are unsure you can phone the court office and ask the court clerk to check it for you.  You will find court contact information at www.courts.ns.ca, or look in the government pages of the telephone book under 'Courts'.

The judge

The judge decides, based on the evidence presented in court, whether the case has been proved against you beyond a reasonable doubt. If you are found guilty, the judge decides what sentence to give you. The judge sits at the front of the court room. The judge usually wears a black robe in court.  If you are speaking to the judge, address the judge as "Your Honour" in Provincial Court.  In Provincial Court there are no juries. If your case goes to the Supreme Court, you should address the judge as "Justice".

Crown Attorney

The Crown Attorney is a lawyer who presents the case against you. They usually sit at a table at the front of the courtroom facing the judge. The Crown Attorney is also called "the prosecutor', or "the Crown", or "Crown Counsel". The Crown Attorney's job is to prepare the case against you and present the evidence to prove that you committed the offence. The Nova Scotia Public Prosecution Service prosecutes charges laid under the Criminal Code and Nova Scotia statutes like the Occupational Health and Safety Act. The Public Prosecution Service of Canada prosecutes criminal offences under federal jurisdiction, including cases involving drugs, organized crime, terrorism, fisheries, some environmental regulations, tax law, money laundering and proceeds of crime.  Go to gov.ns.ca/pps for information about the Nova Scotia Public Prosecution Service, or ppsc-sppc.gc.ca   for information about the Public Prosecution Service of Canada.

Court Clerk

The court clerk sits at a table in front of the judge facing the public. The clerk calls the court to order, receives physical evidence such as papers presented in court (these are called exhibits), calls and swears in witnesses, writes down any orders made by the judge, and makes sure that what is said in court during a trial is recorded on audio tape.

The Accused or Defendant

The person who is charged with the offence is called the "accused" or "defendant". You have a right to be in court at any time when your case is being dealt with. When your case is called, you should walk to the front of the courtroom and identify yourself. During a trial you should sit near the front of the court so that you can hear everything that is going on. If you are not represented by a lawyer, you should bring a note pad and pen or pencil to take notes about what witnesses say.

Witnesses

Usually, during the first court appearance there are no witnesses. They will be needed later during the trial to give evidence of what they know about the case. Both you and the Crown Attorney may call witnesses and cross-examine each other's witnesses if you choose to.

If you call a witness who is then cross-examined by the Crown Attorney, you may ask the witness further questions based on their answers during cross-examination.  This is called redirect evidence.

Courtworkers

In some parts of the province there may be community groups who provide courtworkers to help individuals through the court process. They cannot give you legal advice.

They can help explain what will happen in court, provide support, and help you contact legal and community services. They will speak to anyone who may need help.

Public and Media

Courts are generally open to the public and the media. Anyone can come in and watch what is going on. There are seats towards the back of the courtroom for the public.

Often there will be reporters from local media. Other media usually only cover courts if there are serious cases or a well known person appearing in court.

Television and still/video cameras and other devices to record or transmit audio or video are allowed in the courthouse but they are not allowed in the courtroom unless the judge allows them.  The Courts' website has further information about the use of electronic devices and technology in court and information for members of the media.

There is no special way of dressing but you do want to make a good impression on the judge, so be neat and tidy.

 You should show respect for the court. Show the judge that you are taking the matter seriously. Do not smoke, eat, chew gum, or take drinks into the court.

While you may want to bring a friend or relative with you for support, it is not a good idea to bring a crowd of people who joke around or are noisy or otherwise disrupt the court.

You should stand up when you speak to the judge or when the judge speaks to you.

Speak clearly and loud enough for the judge to hear you. In Provincial Court, when you speak to the judge, you call the judge"Your Honour". Here is more information about how to address a judge if you are speaking to them in court, or writing to them.

 In a criminal trial you are innocent until proven guilty beyond a reasonable doubt.

The trial is the time when the Crown Attorney must present evidence to prove beyond a reasonable doubt that you committed the offence that you are charged with. If the Crown fails to do this, the judge must find you not guilty. Nova Scotia Legal Aid has a Trials fact sheet.

The basic steps in a criminal trial are:

1. The case is called by a court official. You should go to the front of the court. You will be allowed to sit at the front of the courtroom so that you can hear what is being said and see the witnesses.

2. The trial begins. The judge will ask you and the Crown Attorney if you are ready for the trial. If either of you is not ready, the judge will decide whether to continue or adjourn and set another date. There must be a good reason to ask for an adjournment. When you answer the judge you should address the judge as "Your Honour". When you have told the judge that you are ready you can sit down. The court clerk will show you where.

3. You or the Crown Attorney may ask the judge to make an exclusion order. This means that the judge excludes anyone who is to give evidence at the trial from the courtroom. You should tell your witnesses ahead of time that they will be asked to leave the courtroom when they are not actually testifying and make sure that they leave. However, although you may be a witness and give evidence at the trial, you have a right to remain in court for the whole trial.

4. The Crown Attorney presents the case against you. To prove the case against you, the Crown Attorney must present evidence that:

• you are the person charged with the offence
• you committed the offence
• you intended to commit the offence.

The Crown Attorney will call witnesses. For example, if you are charged with shoplifting, the Crown would likely have as witnesses the store manager or security officer and the police officer who investigated the matter.

Each witness goes into the witness box, swears or affirms to tell the truth, and answers questions from the Crown Attorney. As the witness gives his or her answers, you should write down the main points and anything that you may want to question later.

Note any weak points, for example, where a witness contradicts themself or another witness. When the Crown has finished with a witness, you will have a chance to ask your questions. This is called cross-examination.

Cross-examining the Crown's witnesses

Cross-examination is an opportunity for you to ask the witness questions based on their answers to the Crown, or to ask the witness about your version of events.  You should prepare questions or topics that you want to ask witnesses about ahead of time.  Review each witness' statement or "Can-say" in your disclosure package before going to court.

It is not the time to tell your side of the story. You will have a chance to do this after the Crown has called all its witnesses. If you will be telling a different version of events you will need to ask the witness(es) about your version so they can respond.

You do not have to cross-examine every witness. You should only cross-examine a witness if you feel that it will help your case; if the witness made conflicting answers or there are weak spots in their evidence. For example, if the witness cannot clearly recall an event, or if you believe the witness knows other facts important to your case, you may wish to cross-examine the witness.

When you cross-examine you should ask questions that show that the witness is unsure of the facts or that the evidence is weak. For example, at the time of the offence, it was dark and raining and the witness, who says he saw you commit the offence, was standing 180 metres away and wears glasses. You might want to ask questions about the weather conditions, lighting and the witness's ability to see clearly.

Do not lose your temper, or say that the witness is lying. Do not argue with the witness.  Make sure your cross-examination consists of questions directed toward the witness, instead of speeches directed at the judge.

Ask only questions that you feel will help your case. Do not ask questions that allow the witness to repeat something that the witness is sure about. Ask questions you already know the answers to. For example, if the witness claims to have seen something clearly at 11pm on August 19, all you want to point out is that it was dark at the time and there was no street light nearby.

When you are cross-examining you can use questions that suggest the answer that you want. For example you can say, "It was raining hard at 11pm on August 19, wasn't it?"

These are called leading questions.

Even if you do not cross-examine the witness, you can draw attention to contradictions and weaknesses in the evidence when you sum up at the end of the trial.

The Crown Attorney may also use written evidence such as a breathalyser test certificate or drug analysis certificate or photographs or videos. Before your trial you should get legal advice on how to handle such evidence.

Making a motion for a directed verdict

When the Crown Attorney has presented the case against you, if you feel that the Crown has failed to prove all the things that had to be proved, you can make a motion for a directed verdict. This means that you are asking the judge to dismiss the case, without hearing the defence evidence. You do this by standing up and saying to the judge:

"Reserving my right to call defence evidence, I wish to make a motion for a directed verdict." You should then tell the judge what you think has been missed from the Crown's case. For example, that none of the Crown's witnesses identified you in court as the person who was at the scene of the crime.

If the judge agrees with you, the judge will acquit you (find you not guilty) and dismiss the case. If the judge disagrees with you, the judge will refuse your motion and you may begin your defence.

5. You present your case (called your defence)

This is your opportunity to tell your side of the story.

Until now, the judge has only heard the Crown's side. You can call witnesses and, if you choose, give evidence yourself. Giving evidence means getting up on the witness stand and testifying under oath or affirmation.  The Crown Attorney may cross-examine your witnesses and may cross-examine you if you decide to give evidence.

You do not have to give evidence yourself. You have a right to remain silent. You should speak with a lawyer about what is best for your situation and how best to present your case.

If you call witnesses, you must not ask them leading questions. For example, you can ask "Were you with anyone on the evening of August 19? You cannot say "You were with me on the evening of August 19, weren't you?".

When you have finished asking a witness questions, the Crown Attorney may cross-examine the witness.

If you decide to give evidence yourself, you will usually do this after you call any witnesses. The Crown Attorney may cross-examine you and ask if you have a criminal record, but cannot ask you about any of the details of any individual convictions. If you do not give evidence the Crown Attorney cannot mention your criminal record unless you are found guilty of the offence. The Crown can then mention it during the sentencing process.

Generally you cannot use written evidence. You must get legal advice on what written evidence might be allowed in your case. If you are using written evidence, you will need an original for the court and a copy for yourself and for the Crown Attorney.

After the Crown Attorney cross-examines your witness, you may put forward redirect evidence by asking the witness additional questions.  These questions, however, must be strictly limited to any issues which arose during cross-examination.  It is an opportunity for the witness to clarify or provide context to evidence the witness may have given while being questioned by the Crown.

6. Submissions

After all the evidence has been presented in court, both you and the Crown Attorney have an opportunity to sum up your case. If you presented evidence in your defence, you will make your submission first. If you did not present a defence, the Crown Attorney sums up first. Also, if you are not represented by a lawyer, the judge might ask the Crown to sum up first. You use the submission to sum up the points in your favour.

• Keep it short;
• Do not present any new evidence;
• Tell the judge why your witnesses are believable; and,
• Draw attention to weaknesses in the Crown's case and show that the Crown has not proved the case against you.

The Crown makes a submission to try to show the judge that the evidence proves that you are guilty.

The judge makes a decision as to whether the evidence against you is sufficient to prove that you are guilty beyond a reasonable doubt.

The judge takes into account all the evidence presented in court by you and the Crown Attorney. Sometimes the judge will adjourn the court briefly to allow time to reach a decision.

If the judge finds you not guilty you are free to go. You have been acquitted.
If the judge finds you guilty, the next step is for the judge to sentence you.

7.  Sentencing

Before deciding on the sentence the judge will allow you and the Crown Attorney an opportunity to speak. This is called 'speaking to sentence'. It is an opportunity for you to tell the judge about yourself and any circumstances surrounding the offence. (For example, you were depressed because you had lost your job.) Be honest. The judge will have heard hundreds of stories and will not be impressed by insincere promises or excuses.

You or the Crown Attorney may ask the judge to order a pre-sentence report, Gladue Report, or Impact of Race and Culture Assessment.  The judge will set a later date for a sentencing hearing to allow time for the report to be prepared. The report or assessment provides information about you, your family, education, work, community involvement, cultural background, criminal record if you have one, systemic and other factors such as historical disadvantages, systemic racism, discrimination and its effects.  It is important to keep in touch with the people who are writing these reports.  If you miss your appointments, they may send a letter to the Court indicating that you failed to attend your appointments.If you are unable or do not wish to hire a lawyer, you can represent yourself in court. You should still get some legal advice on your situation before you go to court, even if you are going to represent yourself in court.

Do not leave it until a day or two before the trial date to prepare. You should make notes of what happened as soon as possible after the event. It may be several months before the trial, and you may forget important facts if you don't write them down. Think about:

• who you might call as a witness;
• whether you will give evidence yourself;
• what are the strong and weak points of your case;
• how you can best present the evidence; and
• what you will say when speaking to sentence, if you are convicted.

Sometimes people do not want to go to court to give evidence as a witness. If you have any doubt that a witness will show up at court, you should go to court one or two months before the trial date and ask for the witness to be subpoenaed (pronounced sub-PEEN-ahd). A subpoena orders a witness to come to court on the date and at the time of trial. Many employers required that employees have a subpoena before they will let them have time off work to go to court.

You should try to get some legal advice about your case from a lawyer. Do not leave this until the last minute.

Full disclosure
The Crown Attorney must provide you with full disclosure of the case against you. Disclosure means that Crown must give you copies of all evidence relevant to the case including the Crown sheet, police reports, witness statements made to the police both written and verbal, and any other documents such as a breathalyser certificate. In some cases, the Crown can place reasonable limits on some parts of your disclosure.  It is becoming more common for the video or audio recording of certain witness’ statements to be excluded from your disclosure.  If this is the case, then you will still be given an opportunity to view it.

You can find out from the court clerk the location of the Crown Attorney's office which will deal with your case. You can also get contact information for the Crown at novascotia.ca/pps/contact.asp (Nova Scotia) or ppsc-sppc.gc.ca (federal Crown), or in the government section of the telephone book under 'Public Prosecution' or 'Justice'.  Go to the Crown Attorney's office and tell them who you are and ask for 'disclosure'. This information can be picked up by you, or in some cases, it may be mailed to you. You will need to show identification. If you do not have a lawyer, you should also say that you are going to court without a lawyer.

If you do not have a copy of the information (the paper that says what you are charged with), you can get a copy from the court clerk.

It is extremely important that you get disclosure from the Crown, and review it with a lawyer if possible, before you enter your plea.

Be prepared

Prepare your cross examination questions

The disclosure will tell you the basic information that the Crown Attorney will use in court.

Think about the offence you are charged with:

• who was there?
• what could each person see or hear?
• make a list of possible witnesses and write down what each saw or did. Do not forget to include police officers.
• are there possible witnesses that were not interviewed by police?

Think about what each person could say about the offence and make notes. Now think about what questions you could ask to point out any weaknesses.

Prepare your defence witnesses

Talk to your witnesses, one at a time, about what happened and what you will ask them in court. They must be able to say in court and in their own words what happened, and what they themselves saw or heard, or did. This is their testimony and must not be rehearsed.

The judge will not allow witnesses to give hearsay evidence. This means a witness is not allowed to say what another person told the witness they saw, heard or did.

The witness should not say what they believe happened. They must actually have seen or heard what happened or what was said.

Make sure your witnesses know that they may be cross-examined by the Crown Attorney.  Make sure they know about the witness exclusion order.

You should make a list of questions that you want to ask each witness.

Prepare your evidence

You must decide whether you are going to give evidence yourself. You should talk with a lawyer about this. Here are some points for and against giving evidence.

For:

• It is the only opportunity you have to tell the judge your version of what happened;
• You may be the only defence witness who was present when the incident occurred;
• You may have seen something that no one else saw;
• You may know facts that no one else knows about the offence;
• You can explain why you said or did something;
• You can explain why you could not have committed the offence; and,
• You can provide the judge with an opportunity to assess whether you are a truthful, honest person.

Against:

• You must give evidence under oath and the Crown Attorney may cross-examine you;
• The Crown Attorney may point out weaknesses in your evidence;
• If you have a criminal record, the Crown Attorney can ask you about it; and,
• The Crown Attorney can ask you about other matters related to the case that you did not talk about in your testimony

Prepare your submission

The Crown Attorney first presents the case against you, you then present your case.

Then you both have an opportunity to make a submission. The submission is a summary of the important points of your case. It is a final opportunity for you to remind the judge of the weaknesses in the Crown Attorney's case and the strengths of your case. Write down the main points that you want to cover so that you do not forget anything.  If you do not call any defence evidence, you get to address the judge last in closing submissions.

Prepare to Speak to Sentence

If the judge finds you guilty, you will likely be sentenced immediately. Even if you feel certain that you will not be found guilty, you should be prepared to speak to sentence. Consider whether you want to ask for a Pre-Sentence Report.  A Pre-Sentence Report (often referred to as a “PSR”) is a document prepared by Probation Services and is an organized way to tell the judge about your personal history including the background of your family, physical and mental health, education, employment, and anything else you think might be relevant. 

If you are found guilty there may be circumstances that allow you to appeal the verdict or the sentence. Usually, you must file the appeal within 30 days. You should talk to a lawyer before you decide whether to appeal. The Crown may also appeal the verdict or sentence.   Go to courts.ns.ca for the Criminal Appeal How-to Manual to help you make an informed decision about appealing a criminal conviction or sentence.

• Legal Aid Duty Counsel: Nova Scotia Legal Aid has duty counsel in provincial courts across the province. They can give you preliminary, free advice if you are in court without a lawyer.   Call 902-420-7800 in the Halifax Regional Municipality or 902-539-7026 in the Sydney area, or ask at the courthouse.
  
  
• Nova Scotia Legal Aid: If you cannot afford a lawyer, contact Nova Scotia Legal Aid to see if you qualify. Legal Aid is listed in the phone book under 'Legal Aid' (white pages and government section) or 'Nova Scotia Legal Aid' (white pages), or visit nslegalaid.ca for contact information or to apply for Nova Scotia Legal Aid online. Nova Scotia Legal Aid also has some criminal law legal information online at: www.nslegalaid.ca
  
  
• Lawyers in private practice are listed in the Yellow pages of the phone book, both online and in-print. You should look for a criminal law lawyer. Go here for other ways to find a lawyer in private practice.
  
  
• If you are having trouble finding a lawyer in private practice you can contact the Legal Information Society's Lawyer Referral Service where you may be referred to a lawyer who will give you an initial interview of up to 30 minutes for no more than $20 plus tax. Regular fees would generally be charged after the initial consultation, although some of the Lawyer Referral Service members may offer some flexibility in fee arrangements.  Go here for ways to get in touch with the Lawyer Referral Service.
  
  
• Court-Appointed Counsel Applications ("Rowbotham Applications"): If you have been denied Legal Aid and cannot afford a lawyer, there is another option.  You can apply to the Nova Scotia Provincial Court to ask for a lawyer who will be funded for you.
  
  
• Courts of Nova Scotia - Provincial Court : general information.
  
  
• Provincial Court forms and rules.
  
  
• Victim Services of Nova Scotia:  Nova Scotia Department of Justice, Victim Services offers a range of services to help victims of crime in Nova Scotia.
  
  
• Coverdale Courtwork Society: a non-profit community based organization that provides support to women and girls within the Halifax Regional Municipality who are experiencing the justice system.
  
  
• John Howard Society of Nova Scotia:  a provincial organization comprised and governed by people whose goal is to understand and respond to problems of crime and the criminal justice system.
  
  
• Mi'kmaq Legal Support Network: The Mi’kmaq Legal Support Network (MLSN) a justice support system for Indigenous people who are involved in the criminal justice system in Nova Scotia. Call Toll Free: 1-877-379-2042 or 902-379-2042.
  
  
• Public Prosecution Service of Canada: federal government organization that prosecutes criminal offences under federal jurisdiction, including cases involving drugs, organized crime, terrorism, tax law, money laundering and proceeds of crime, crimes against humanity and war crimes, Criminal Code offences in the territories, and a large number of federal regulatory offences.
  
  
• Public Prosecution Service of Nova Scotia: Nova Scotia Public Prosecution Service prosecutes charges laid under the Criminal Code and under Nova Scotia statutes such as the Occupational Health and Safety Act.

You can contact:

• the local Nova Scotia Legal Aid office at www.nslegalaid.ca/contact 
• law firms in your community that do family law
• your Employee Assistance Program or union, if you have one
• a women’s centre or other trusted help organization
• Lawyers and Legal Help for more ways to find a lawyer.

You can ask a friend, family member or trusted professional to recommend a lawyer.

You may qualify for Nova Scotia Legal Aid. Contact your local Nova Scotia Legal Aid office for information about:

• their services: nslegalaid.ca/legal-aid-offices
• how to apply for Nova Scotia Legal Aid: www.nslegalaid.ca/apply.php
• applying online: nslegalaid.ca/onlineapplication.php.

You can make an appointment with a Nova Scotia Legal Aid summary advice lawyer. You do not have to qualify for legal aid to use this service. Go to nsfamilylaw.ca/legal-advice-information (Question 21) for contact information.

The summary advice lawyer provides family law legal advice to people without a lawyer. They give you basic legal advice free of charge regardless of how much you make or where you work. You can get this service at Family Court locations throughout Nova Scotia.

The summary advice service gives you a better understanding of your legal rights and responsibilities. You can get information about:

• legal terms
• court processes
• legal documents
• how to start or respond to a court application.

They also give family law advice on:

• parenting arrangements
• child support and spousal support
• property division
• divorce.

Your case must be dealt with in a court located near the summary advice lawyer. If you are making a court application in Halifax, book an appointment with a Halifax-based summary advice lawyer. 

Summary advice lawyers do not go to court with you.

The summary advice lawyer does not advise parents involved in child protection or Mi’kmaw Family Services matters. They may advise if you are not directly involved with a child protection issue, for example, if you are applying for decision-making responsibility or contact with the child involved.

For more information about this service, visit here. You can contact your local summary advice lawyer to book an appointment by calling the office nearest you:

Annapolis	902-742-0500	Pictou	902-485-7350
Antigonish	902-863-7312	Port Hawkesbury	902-625-2665
Amherst	902-667-2256	Sydney	902-563-2085
Bridgewater	902-543-4679	Truro	902-893-5840
Halifax	902-424-5616	Windsor	902-679-6075
Kentville	902-679-6075	Yarmouth	902-742-0500

Some family lawyers accept special billing arrangements. They may help you with just part of your legal issue, such as preparing an affidavit or cross-examining a witness in court. This is sometimes called providing “unbundled legal services” or a “limited scope retainer.” Find out more about how lawyers charge for their work.

If you have limited funds but you and your spouse own property, such as a home, investments, or RRSPs, some lawyers may agree to be paid at the end of your case. You would pay when you receive your share of the family property.

Going to court on your own without a lawyer is called self-representation. Read the “Going to Court: Self-represented Parties in Family Law Matters” workbook for advice on preparing and presenting your case.

The Going to Court workbook has information on:

• getting legal advice (even if you are representing yourself it is a good idea)
• proving your case
• what the hearing process is like
• what happens at the end of the hearing.

It also has worksheets and checklists to help prepare your case for court.

If you decide to or must represent yourself, it can still be worthwhile to consult a family lawyer about your case. You should always get independent legal advice from your own lawyer before signing a written agreement or getting into a consent court order with someone else.

There is information about family law topics on our website. 

You can also check out nsfamilylaw.ca.

If you can’t find the information you’re looking for, you can contact the Legal Information Society of Nova Scotia by telephone, email or live chat to connect with a legal information counsellor and get free family law information.

• Nova Scotia Legal Aid offers family law information and family law live chat on its website on Tuesdays from 3 p.m. to 5 pm.
• Justice Canada Family Law Information
• The Court Services Division of Nova Scotia's Department of Justice has Family Law Information Centres at the Supreme Court (Family Division) in both Halifax and Sydney. Visit nsfamilylaw.ca or contact the court
• The CANLII website offers free access to Canadian laws and court decisions. Nova Scotia laws are at nslegislature.ca
• Supreme Court (Family Division) information, court forms, procedures, and contact details are on the Nova Scotia Courts website www.courts.ns.ca
• Francophone Nova Scotians can get help from l'Association des juristes d'expression française de la Nouvelle-Écosse or contact the Legal Information Society of Nova Scotia by email anytime, or by telephone on Monday mornings or Friday afternoons.

 

https://www.legalinfo.org/smallclaims

See our SHORT VIDEOS to help you get prepared for small claims court right away or...

Small Claims Court Representing Yourself Videos – a comprehensive guide

1. Introduction and Disclaimer
2. Introduction to Advocacy
3. The Theory of the Case
4. Being Persuasive
5. Settlement
6. Procedure: Role of the Judge (or Adjudicator) and Discoveries
7. Procedure: Judgment and Costs
8. Procedure: Pleadings and Adjudication
9. Procedure: Conclusion
10. Evidence: Show Your Story
11. Evidence: Types of Evidence, and Introducing Evidence
12. Evidence: Admissibility, Privilege, and Hearsay
13. The Hearing: The Room and Witnesses
14. The Hearing: Questioning witnesses
15. The Hearing: Objections
16. The Hearing: Types of Questions and Objections
17. The Hearing: Argument
18. Nuts and Bolts
19. Conclusion

1. Intro and Disclaimer

2. Introduction to Advocacy

3. The Theory of the case

4. Being persuasive

5. Settlement

6. Procedure: Role of the Judge or Adjudicator, and Discoveries

7. Procedure: Judgment and Costs

8. Procedure: Pleadings and Adjudication

9. Procedure: Conclusion

10. Evidence: Show your story

11. Evidence: Types of Evidence, and Introducing Evidence

12. Evidence: Admissibility, Privilege and Hearsay

13. The Hearing: The Room and Witnesses

14. The Hearing: Questioning Witnesses

15. The Hearing: Objections

16. The Hearing: Types of Questions and Objections

17. The Hearing: Argument

18. Nuts and Bolts

19. Conclusion

From a Small Claims Adjudicator's Desk...

Seven important things to do (or not do) when presenting a case in Small Claims Court

audio Click here (2.26 MB) to download & listen to these 7 tips in audio

1. Tell a story

Good stories have a beginning, a middle and an end. And your dispute is best presented as a story. The Adjudicator needs to know the background so that he or she can place the dispute in context. Take your time. Set the stage. Introduce yourself. Start at the beginning and bring out the rest of the story in a methodical way, ending up at the point that you started your Claim. If you are the Defendant, the same principle applies, except that the Claimant gets to go first.

2. Cases are presented with evidence

Adjudicators will decide the case based on the evidence presented. Evidence comes in several different forms, principally the sworn testimony of people (witnesses) and documents. Witnesses should have first-hand knowledge of what they speak about, otherwise their evidence may be seen as mere “hearsay” and given little or no value. As a party (Claimant or Defendant) you must bring to court all of the witnesses (including you) and documents that you believe would be helpful to proving your case. It will not help you to speak about documents that you left at home, or to refer to witnesses that are busy elsewhere. The trial is when these things or people are needed. Sometimes, a trial may be adjourned to allow a necessary witness to attend on another day, but there had better be a good reason for why they are not in attendance for the first day.

3. What is cross-examination?

You will also have the chance to cross-examine the other party and his or her witnesses. Cross-examination means asking questions, not just arguing with the witness. A good cross-examination brings out facts that the witness omitted, or shows that they may not be telling the whole truth. If you choose to cross-examine, be careful what you ask, as you are stuck with the answers. Many self-represented parties choose not to cross-examine, knowing that cross-examination is a legal skill that not everyone possesses. The Adjudicator will not hold it against you if you decide not to cross-examine, but just wish to tell your own story.

4. Documents must be proved

With rare exceptions, documents must be authenticated by someone who is familiar with the document. For example, if it is an email between A and B, either of A or B can authenticate it by saying “I sent it” or “I received it.” If it is a contract, you may be able to testify that you signed it, or were given it. If it is a photograph, someone may need to testify that they took the photograph. A document that is not authenticated this way may not be accepted, or may be given little “weight.”

Any document that you refer to becomes part of the court file, so bring enough copies (usually three) so that the court and the other party can have one. The same is true of photographs - bring copies for everyone. If you plan to show a video, bring copies on a DVD or thumb drive, so it can be shown on the equipment in the court and also taken away by the Adjudicator.

Do not offer to show pictures or videos on your phone or laptop. Print them out and bring copies, or in the case of videos, bring it on a CD or thumb drive.

5. Experts

Sometimes, to make out your case you need to call an expert to testify. For example, you may have a mechanic who can testify that a repair done to your car by someone else was improper. Best practice is to have that expert put their opinion in writing, and also come to court prepared to testify. You may have to pay them for their time. That is only fair.

If you do get an expert report, it is also best practice to send it to the other party before the hearing, so they are not taken by surprise. They may wish to get their own expert, so send it well in advance of the trial date. Otherwise, there is a risk that the trial will have to be adjourned so the other party can prepare a response.

6. Beware the internet

Adjudicators will rarely accept articles or opinions that you got off the internet. The internet may be a good starting point for educating yourself, but printouts from the internet will rarely be accepted as evidence by itself. For example, you may find a website where someone in the US gives an opinion that such and such a vehicle has defective brakes. The court will not accept that as evidence, where the state of the brakes is a major issue in the case. You will need a live expert who can defend their opinion.

7. Don’t be afraid to ask for help – a little can go a long way!

The more complicated your case, or the more money involved, the more advisable it is to get a bit of legal help in advance. Consider asking for help from a lawyer, or an organization such as the Legal Information Society, or Small Claims court staff. The Adjudicator hearing your case will may also be willing to help, to a degree, where you are not certain about proper procedure.