What is a healthy relationship?

Healthy relationships are respectful, trusting and supportive. You feel comfortable around the other person and know they will not hurt you. You like being around the other person. You feel like you can talk openly with them. Both people treat each other equally and share in decisions. One person does not make all the decisions.

People in healthy relationships are not violent or abusive with each other. No one has the right to be violent or abusive with other people.

What is abuse?

Abuse is behaviour used to intimidate, isolate, dominate or control another person. Abuse can be acts, words or neglect. It may happen once or over a period of time. Family violence includes many different forms of abuse, neglect, mistreatment or harm that may happen in a close, personal relationship. Family violence is also sometimes called intimate partner violence, partner abuse, domestic violence, dating violence or gender-based violence. 

Family violence is complex and often crosses over the examples of abuse listed below. If you feel that something in ‘wrong’ in your relationship speak with a trusted friend or professional to help you identify why this is so and how to keep safe.

Examples of Abuse:

Physical Abuse: when your partner hits, chokes, kicks, burns, punches, or pushes you, or throws objects at you. This does not include acts to protect yourself or someone else from harm or abuse.

Sexual Abuse: when your partner forces, threatens, or manipulates you into sexual acts you don't want to do, uses force, weapons, or objects in sexual acts without your consent, involves other people in sexual acts without your consent.  It includes forcing you to watch violent pornography.  Sexual abuse also includes sex trafficking — where a person forces another person to perform sex acts.  Sex trafficking includes kidnapping, aggravated assault, aggravated sexual assault or death. This can happen against an adult (19 or over) or a child. It can include other behaviours such as stealing or destroying identification documents (for example, a passport) with the aim of committing or facilitating trafficking of that person.

Threats to Kill or Cause Bodily Harm: this includes threats directed at you, your children, your pets.  It includes threatening to do harm or actually doing that harm.

Harassment, including stalking: any unwanted physical or verbal behaviour that offends, threatens or humiliates you. It may also include following you and not leaving you alone, sometimes called ‘stalking’

Psychological or Emotional Abuse:
Includes when your partner

• uses words to hurt you.  This includes name calling, put-downs, blaming, bullying, humiliation, threats and teasing. 
• cuts off your contact with friends and family, makes hurtful or cruel comments; constantly criticizes, insults or belittles you; frightens you, or threatens to harm or take your children or pets.
• uses your friends or relationships to harm you. This includes spreading rumours, gossiping, excluding others from a group or making someone look foolish or unintelligent.

Financial Abuse: when your partner controls your finances, steals your money, refuses to share money so you can buy food or other basic needs, or prevents you from working or going to school.

Killing or harming an animal: when your partner kills or harms an animal, or threatens to do those things.

Online Abuse: when your partner uses the internet, social media, email, texting, instant messaging or other technologies to intimidate or harass you or others. This includes sharing intimate images of you without your consent, or invading your privacy by trying to keep track of your electronic communications. Sometimes also called cyber-abuse or cyber-bullying.

Damage to property: when your partner threatens to damage property, or damages property.

Neglect is also abuse. Your partner neglects you if they intentionally do not provide what you need to survive, such as food, clothing, medical care, or shelter, or prevents you from getting medical care you or a family member need.

Coercive and controlling family violence: a pattern of abusive behaviour aimed at controlling or dominating another family member. The controlling family member might use emotional, psychological, sexual, financial or other forms of abuse, such as choosing a partner’s clothing, controlling their money, or preventing them from working or seeing friends.  This abuse often happens together with physical abuse.

Coercive and controlling family violence is a very dangerous form of violence.  This is because it is part of an ongoing pattern, tends to be more serious and is more likely to affect parenting. For example, a controlling partner often tries to use the children to control their former spouse. They might refuse to comply with parenting orders, or threaten their former spouse with the loss of parenting time.

Those who commit coercive and controlling family violence are more likely than those who commit situational couple violence to continue the family violence in the future. Perpetrators of coercive and controlling violence are less capable of separating their role as a spouse from their role as a parent, and therefore are more likely to abuse their children after divorce.

Is family violence a crime?

A crime is a violation of the Criminal Code of Canada. The Criminal Code applies to all of Canada. Some acts of family violence are a crime.

Examples are:

• murder
• attempted murder
• human trafficking
• physical assault
• sexual assault
• threats to harm
• theft
• criminal harassment (also called ‘stalking’)
• property damage (also called ‘mischief’).

The behaviour does not have to be a crime to be considered family violence under family laws.

What is physical assault?

Assault is when one person applies force to another person, or attempts or threatens to apply force to them without their consent. There are different levels of physical assault. Depending on what happened, your partner might be charged with:

Assault: when someone slaps, pushes or threatens, for example. There may not be any physical injuries. It includes an attempt to assault.

Assault with a weapon or causing bodily harm: when your body is hurt and there are physical injuries, and/or when someone carries, uses or threatens to use a weapon. A weapon can be anything used, or intended to be used, to cause death or injury, or to threaten or intimidate. Examples are a knife, a bat, a belt, a coat hanger or a toy/imitation gun.

Aggravated assault: when a person’s life is put in danger and/or the person is badly hurt.

What is sexual assault?

Sexual assault is a sexual act or touch that you do not consent to. This includes kissing you or touching you without your consent, forcing you to have sex (also called rape), torturing you in a sexual way, threats to force you to do any of these things. All the facts are important, including the type of contact, words and gestures. It is sexual assault if sexual gratification is the goal of the assault. Sexual assault is a crime even if you are not physically hurt. Sexual activity without consent is against the law.

What is human trafficking?

Human trafficking is a crime. It is about exploitation of another person.  It can take many forms, but often is about being made to provide sexual services or labour through force, coercion, deception and/or abuse of trust, power or authority.   It can happen to adults or young people, especially young girls. Sex trafficking happens when you are forced into sex acts without your consent and you believe that you have no other option but to stay in the situation. The abuser may be your intimate partner. You may have a child together. Your abuser may control your money and carry out other abusive behaviours or acts against you. It is important that you reach out for help.

You, your child and important people in your life can be protected and stay safe. Anyone who is a victim of human trafficking or knows a victim can contact the confidential Canadian Human Trafficking Hotline at any time at 1-833-900-1010 (toll-free) or https://www.canadianhumantraffickinghotline.ca/

What is consent?

Consent means freely and voluntarily agreeing to take part in sexual activity, like touching, kissing, or having sex. Consent must be ongoing.  You can change your mind at any time during a sexual activity.

There is no consent when someone:

• says or does something to show they are not consenting to a sexual activity
• says or does something to show they are not agreeing to continue a sexual activity that has already started
• is not capable of consenting to the sexual activity because, for example, they are unconscious, even if they consented when they were conscious. 
• abuses a position of trust, power or authority to get consent. A person in a position of trust or authority includes people like a teacher, coach, police officer, babysitter, religious leader or healthcare worker
• claims to consent on someone else’s behalf
• lies to get consent.

You can find out more about consent at breakthesilencens.ca

Depending on what happened, your partner might be charged with a crime. This could be crimes such as:

• sexual assault
• sexual assault with a weapon
• threats to a third party or causing bodily harm
• aggravated sexual assault
• human trafficking.

Can the police charge my partner with sexual assault?

Yes, a partner can be charged with sexual assault. Being married or in a close or intimate relationship does not give your partner the right to sexually assault you. There does not have to be a witness other than the survivor for a judge to convict a person of sexual assault.

If you have been sexually assaulted, you may want to visit a nurse through the Sexual Assault Nurse Examiner Program (SANE) to do a medical exam and/or collect evidence within five days of the sexual assault. Medical evidence can help if you decide to report what happened to the police and the person is charged with sexual assault. Sexual assault survivors can get services and support by calling SANE at 1-877-880-7263 or by contacting the police, a healthcare professional, or local transition house or shelter.

Go here for more information on SANE.

Other examples of crimes that are considered family violence:

• If your partner forced you to stay somewhere by threatening you or physically stopping you from leaving, they might be charged with 'forcible confinement'
• If your partner threatened to harm you, your child, pets or property, they might be charged with 'uttering threats'.   Threats might be made to you in person, or in another way like text messages, on social media posts, or by telephone
• If your partner damaged your property they might be charged with 'mischief'.  This is when someone damages property such as keying your car or punching a hole in the wall during an argument.
• If your partner took your property (for example, your pet or vehicle) without your consent they might be charged with theft.
• 'Criminal harassment' is also a common charge in partner abuse cases. Criminal harassment includes things like stalking, harassing phone calls, or unwanted visits to your home or workplace. Stalking is when you have a reasonable fear for your safety because your partner does one or more of the following:
  
  • watches and follows you
  • damages your property
  • tries to contact you when you don't want them to
  • sends you lots of messages that you don't want by mail, voicemail, text, email, social media posts, or through other people.

When do the police get involved?

You can call the police if your partner assaults or threatens you. A family member, neighbour, friend or someone else might call the police if they hear or see the assault and are worried about you or your children.

The police enforce the law and look into crimes. Police are allowed to come into your home when they get a report of abuse or family violence.

When they come to your home, the police will talk with you, your partner and any other family members or witnesses who saw or heard what happened. They will do this before deciding if they should charge either or both of you with a crime.

The police decide what happens. You do not decide. Your partner does not decide.

Could I be charged with a crime?

The police will talk to both you and your partner, and look for evidence to decide if they will charge anyone involved with a crime. There is always a chance that you will be charged with a crime, even if you are the person who was abused.

Sometimes an abused partner could be charged with a crime because:

• your partner lied to the police about what happened
• the police might not have a good understanding of family violence or abusive relationships and may not know what is really going on
• language and/or cultural barriers make it difficult for you to explain what happened to the police.

If the police think there is a good legal reason (called reasonable grounds) to believe that someone committed a crime, they must charge that person with a crime. This means the police may charge your partner, you, or both of you with a crime.

The police must also make a referral to Child Protection Services if they think your child or children have been harmed or are at risk of being harmed. Child protection law says everyone must keep children safe from harm. If a child protection worker contacts you then it is important for you to understand the reason why there has been a referral and anything you can do to make sure your child is safe.  You can get legal advice about child protection from a lawyer you would pay, or from Nova Scotia Legal Aid. You can get more information about child protection at nsfamilylaw.ca.

If your partner is charged, the police can connect you with Victim Services. They can help support you. See the RESOURCES section below for more information.

Will the police take my partner from our home?

If your partner is charged with a crime the police will most likely take your partner from your home to the police station. Your partner might be released by the police or by the court if your partner agrees to follow certain conditions, which could include:

• not contacting you
• not going to the family home
• having limited or no contact with your children
• not having a gun or any kind of weapon
• handing in their passport
• showing up in court on the date ordered.

These conditions will be written in a legal form called an 'undertaking' (a written promise to a police officer) or a 'recognizance' (a court order from a judge).  These forms are also sometimes called a 'no contact' order.

If your partner was released and contacts you, or does not follow other conditions, you should call the police. Your partner may be arrested, charged with a new crime, and/or kept in custody until the matter goes to court.

Conditions can be changed by the court at any time during the court process. They end when the case is over.  If your partner is found guilty then the sentence they get may have similar or new conditions they must follow.

Your partner might try to force or scare you into asking the Crown Attorney (a government lawyer) or the court to change or remove the conditions. If your partner threatens you or your children, you should tell the police. Your partner can be charged for making this type of threat.

If you also have a family court case, you need to tell your family law lawyer or the family court about any conditions of release. It is important that your family court orders and criminal court orders say the same things.

Divorce law says judges must make sure they know about cases happening in other courts, such as criminal court or a child protection case.  You have a legal duty to tell the court about other criminal or non-criminal cases.  In all family law cases the judge must consider family violence so be prepared to answer questions about other cases. 

If I call the police will I have to go to court?

You may have to go to court if the police charge your partner with a crime. If you need one the police and the courts must provide an interpreter free of charge for you and any other witnesses. You will have to go to court if you are charged with a crime.

Can the charges be dropped?

Only the Crown Attorney can change or withdraw criminal charges.

My partner is abusing me. Can my partner be ordered to stay away from me?

Police or court conditions for someone charged with a crime:
If the police were called and the person is arrested, the police can require them to sign an undertaking. This is a written promise to follow conditions. This can include a promise to not contact the person being abused until it goes before the court. A judge can also order them to stay away as part of their release from custody.

If you want to keep your partner away, but you do not want to call the police, or the police do not charge your partner with a crime, you can apply for:

• an Emergency Protection Order, or
• a Peace Bond
• a Cyber-Protection Order to stop cyberbullying.

What is an Emergency Protection Order?

An Emergency Protection Order (EPO) is a temporary court order made by a Justice of the Peace to protect a victim of family violence when the situation is serious and urgent.  An Emergency Protection Order may be made under Nova Scotia's Domestic Violence Intervention Act.

If you live on reserve, go to nsfamilylaw.ca for specific information about Emergency Protection Orders on reserve.

You can apply for an EPO if you are 16 or older, and:

• live with, or lived with, your partner as a couple; and/or
• you have a child or children together, even if you have never lived with each other.

If granted, an EPO:

• can order that your partner have no contact with you
• can give temporary care of a child to you or to another person
• can order your partner not to take, sell or damage property
• can give police power to remove your partner from the place where you live (owned or rented), and/or, go with you or your partner to the home to oversee getting personal items
• can give you temporary possession of personal property like a car, bank card or other important things you need
• is put in place right away and lasts up to 30 days.

An EPO gives immediate, short-term help. It gives you time to look at longer-term options like applying for a peace bond, making a report to the police to see about possible criminal charges, or applying to family court.

If your partner disagrees with the EPO, your partner may challenge it at the Supreme Court of Nova Scotia.

An EPO is not a parenting order. While care of a child can be granted in an application for an EPO, it is not common. Talk to a family lawyer about parenting arrangements like decision-making responsibility and parenting time, and other family law issues like child and spousal support, and dividing family assets and debts.  If an EPO that covers care of a child is put in place, the EPO will temporarily replace any other court order that covers parenting arrangements.  When the EPO runs out the other court order will be in place.

An EPO can last up to 30 days. It may be extended for up to another 30 days. If you want an extension you must apply to court at least one week before the EPO runs out. Or, if you have new evidence, you could apply for a new EPO.

You apply for an EPO over the phone by calling the Justice of the Peace Centre at 902-424-8888 or 1-866-816-6555 or by contacting the nearest transition house or police services for help applying.

You can apply any day of the week from 9:00 a.m. until 9:00 p.m. A police officer or other designated person (such as someone working at a transition house) can apply on your behalf after regular business hours.

When you call, a Justice of the Peace will speak with you to decide if an EPO should be made.

If you need an interpreter to help you apply for an EPO, you must arrange one. The interpreter cannot be your family member or friend. They must be a professional interpreter. Nova Scotia Victim Services and/or Nova Scotia Interpreting Services can help you find a professional interpreter (see the RESOURCES section below for more information).

If your partner does not follow the EPO and is charged and found guilty of that offence they face a fine or up to 3 months in jail for a first offence. Failing to follow an EPO will not result in criminal charges.

If you have an EPO and you think you might want to apply for a peace bond in the future, it is a good idea to talk with a lawyer.

What is a peace bond?

A peace bond is a criminal court order. You can apply to court for a peace bond if you fear that your partner or ex-partner will harm you, your family, or your property. A peace bond can require that your partner or ex-partner stay away from you.

You can apply for a peace bond at the Provincial Court or Family Court. 

The court will give you the forms you need to apply. Once you fill out the forms you will speak with a Justice of the Peace who will decide if the application will go to court. Only a judge can order a peace bond.

Applying for a Peace Bond can take a long time. Tell court staff before your court date if you need an interpreter. The court may arrange one depending on the language and interpreter’s availability. You do not have to pay for the interpreter. You can go to court with a lawyer or on your own. It is always a good idea to talk with a lawyer if you have to go to court, even if you go to court without a lawyer.

If a peace bond is granted it is a court order. It will include a condition that your partner not break the law ('keep the peace and be of good behaviour') for a period of up to 12 months. It may also have conditions saying your partner must:

• have no contact with you (except with your written consent)
• have no weapons, and/or
• stay away from certain places like where you live or work.

If your partner does not follow the conditions of the peace bond they may be charged with a crime. If found guilty your partner could be fined, sentenced to probation for up to three years with conditions, or jail. Depending on the terms of the sentence your partner could get a criminal record if they break the peace bond.

Here is more information about applying for a peace bond.

What is a Cyber-protection order?

The Intimate Images and Cyber-protection Act aims to protect people from being bullied online, or from having intimate images of themselves shared without their consent. Cyber-bullying is when someone uses electronic communication, like email, text messaging or social media communication, to harm your health or well-being. They might be doing this on purpose to hurt you or they might not care about hurting you.

Examples of cyber-bullying:

• creating a website, blog or profile that takes your identity
• sharing sensitive personal information or breaking your confidence
• posting or sharing private intimate images online without your consent
• threatening, intimidating, harassing or scaring you online
• making false statements about you
• communications that are grossly offensive, indecent, or obscene
• encouraging you to commit suicide.

Cyber-bullying can also include encouraging or forcing someone else to do these things.

The law also protects you if someone distributes a private intimate image of you, such as a photograph, film, or video, without your consent. An intimate image is one that is private, shows sexual activity or nudity or partial nudity. It is an image you have good reason to think will stay private.

For example, without asking you and to try to hurt you, your former partner posts a private, sexually explicit, intimate picture of you on Facebook that you had good reason to think was going to stay private.

A cyber-protection order can order the person to stop the bullying and/or sharing of images, and do things like:

• stop the person from contacting you
• order that they take down or disable access to an intimate image or communication about you; and/or
• award damages to the victim.

You apply to the Supreme Court of Nova Scotia for a cyber-protection order. You can apply with a lawyer’s help or on your own. A parent or guardian of a victim under the age of 19 can also apply to Supreme Court for a cyber-protection order. You can get information about applying to the Supreme Court of Nova Scotia for a cyber-protection order at courts.ns.ca.

Cases under this law have been heard at the Supreme Court of Nova Scotia. When the court finds that cyberbullying happened, the court may order the offender(s) to pay money to the victim. The amount of money could be significant.

Nova Scotia’s CyberScan Unit oversees Nova Scotia’s Intimate Images and Cyber-protection Act and can give you help and information, including about applying to court for a cyber-protection order. Contact CyberScan at novascotia.ca/cyberscan/ or call 902-424- 6990 or 1-855-702-8324.

What happens with my children?

The law says that anyone who has reason to believe that a child has been harmed, or might be harmed, must report this to Child Protection Services. Harm can include the child being exposed to family violence, even if the child is not being physically hurt.  You can get more information about child protection at nsfamilylaw.ca, and read the Child Protection Booklet - What you need to know when child protection takes your children into care, also available in Mi'kmaq: Ta'n nuta'q +kjijitun ta'n tujiw lkalkewaq wesua'la'tiji kinijink anko'tasinu

Child Protection Services will contact you if a report is made. They will suggest services and resources to help you. They may tell you to prevent a person from having contact with your child, or if there is contact that it must be supervised. If supervised contact has been directed then consider who is best to supervise the contact because in most cases it would not be appropriate for you to provide the supervision. Child Protection Services can remove your child from the home if they believe it is necessary in order to protect your child. Therefore, it is important for you to get legal advice so you can make good choices to protect your children and keep them safe and connected with you.

Get legal advice right away if you or your child has any contact with Child Protection Services.

If you are asked to sign anything, or your child is removed from your home, you should contact a lawyer right away. You have the right to know where your child is and to have contact with your child, unless there is an undertaking to a police officer or a court order preventing you from contact with your child. For help you should contact Nova Scotia Legal Aid or a lawyer you would pay who does family law, including child protection law to obtain legal advice on your rights and the rights of your child in this situation.

See the RESOURCES section below for support services.

Children and violence

Remember that children love their parents and other important people in their life. If there is abuse then children experience that abuse too – sometimes they see the abuse, other times they hear the abuse or see the impact of abuse.

You have a duty to protect your children from abuse and abusive situations. You also have a duty to make sure that your child is not placed in the middle of a separation. Children need to be informed in a child centered way about what is happening. They need to know where they will live, when will they see the other parent and other important people in their life, what school they will be going to, whether they will still be able to take part in their favourite extracurricular activities, etc. Helping to remove some of the anxiety your child will experience at the time of separation will help create resilience and acceptance that their new circumstances will be okay. It is important to reassure your child or children that you recognize their feelings and needs.

Child Protection
if a child experiences or is at risk of experiencing family violence by their parents or other important caregivers or people in their lives then there is a duty to report to child protection. If a child protection worker determines the child is at risk of harm, then depending on the level of risk, the parent may be asked to place the child outside of the home with the other parent or relatives. If there is a child protection process the child may be placed in the care of the Minister of Community Services. If child protection is involved then it is important to get legal advice. It is important that each parent take steps to address the protection concerns, such as registering for a family violence awareness program or personal counselling as soon as possible.

If there is family violence, parents, lawyers, and anyone who works with the family must focus on keeping the child safe. Everyone must work together to create a legal response to support healthy relationships, minimize exposure to violence and improve the child’s or youth’s overall safety. It is also important to make sure the child’s voice is heard and considered.

Children have a right to be safe. Family laws, including the Divorce Act (federal) and the Parenting and Support Act (Nova Scotia) recognize the impact of family violence on children and their caregivers. Family laws say a judge must look at family violence as a factor in deciding what is best for a child. This includes whether family violence was directed at the child or whether the child is directly or indirectly exposed to family violence.  Parents should:

• always make decisions in the best interests of their child (listening to them will help), and
• not involve their children in their disputes (for example, parents should not record their conversations with the child for possible use in family court proceedings, or ask the child to carry messages to the other parent)

Go here to learn more about family violence and the best interests of the child.

Abuse and immigration status

If you are a Canadian citizen born abroad or a permanent resident, you can stay in Canada if your partner is arrested or if you leave the relationship. You will not be deported.

Speak with a lawyer who does immigration law as soon as possible if:

• you have temporary status or no immigration status
• you are sponsoring your partner
• your sponsor is trying to force you out of Canada
• your partner or someone else is threatening to hurt your family back home.

A lawyer can also tell you if you are able to get government income support like income assistance and the child tax benefit.

If your spouse has been charged with a crime, your spouse may try to use threats to keep you from leaving or to try to scare you into dropping the charges, but charges can only be changed or dropped by the Crown Attorney (a government lawyer). The complainant or victim does not have the power to change or drop the charges.

Conditional Permanent Residence
Conditional permanent residence no longer applies to anyone. This means there is no conditional period (set amount of time) where you must live together with your sponsor to keep your permanent residence status in Canada.

What can I do?

Abuse is a community issue—not a private family matter. Everyone has a part to play in helping to stop abuse and foster healthy relationships. You can get help and support if you are in an unhealthy or abusive relationship, or if you want to help someone who is experiencing abuse. 

If it is an emergency or someone is in danger, call 9-1-1. They can connect you with the police or medical help.

You can go to:

• nsdomesticviolence.ca for information and resources about family violence
• nsfamilylaw.ca for more information on the law and family violence
• breakthesilencens.ca for information and resources about sexual violence
• Talk to a lawyer. A lawyer can help with legal problems like separation, custody, child and spousal support, criminal charges, applying for a no contact order, and immigration concerns. Go here or see the RESOURCES section below for ways to get legal advice.

If you think someone is being abused

Call the police or let the person know that they can talk to you. You can also offer to take them to a safe place if they decide to leave the abusive situation, or you can provide information about what services are available. Go to nsdomesticviolence.ca for information about other ways you can help.

If you are being abused

Call 9-1-1 if you and/or your children are in danger right now.

You can also:

• see a doctor, nurse or psychologist
• leave your partner and/or the abusive situation
• get counselling, support, help with safety planning and shelter from a transition house or community organization
• talk with someone you trust.

If you have been hurt

If you have been physically hurt and it is an emergency, call 9-1-1 for medical help. If you have been sexually assaulted in the past 5 days (120 hours), you can call the police and ask for an ambulance to take you to the health centre. You have the option to ask for a female nurse at the health centre.

Sexual Assault Nurse Examiners Program

 If your community has a Sexual Assault Nurse Examiners Program (SANE), you can ask the hospital or health centre staff to call SANE for you. SANE is a 24 hour, 7 day a week program that serves people of all genders (including trans-identified people) and all ages who have experienced a sexual assault in the past 5 days (120 hours).

SANE’s 24 hour response line (1-833-577- 7263) offers non-judgemental, confidential support and information about options after an immediate sexual assault. SANE also offers supportive care and follow-up for sexual assault survivors. The response line can also connect you with a nurse, who can meet you at a hospital to provide medical care and/or collect evidence. More information on this program is at nshealth.ca/sane.

You decide if you want to get a medical exam and/or have evidence collected.

A medical exam includes:

• taking a medical history
• documenting the details of the sexual assault
• taking blood and urine samples to test for pregnancy and/or infections
• doing an internal exam (vaginal) and general physical exam
• providing follow-up treatment.

To collect evidence (or do a forensic examination), nurses prefer that you do not shower, bathe, douche, use the washroom, change your clothes, eat/drink or clean your teeth until the exam is completed. This could destroy evidence. Nurses could also ask to collect your clothing for evidence, do a headto- toe visual exam looking for injuries and/or take photographs of the injuries. Police are not present during the exam. If you decide to immediately report the sexual assault to the police, SANE nurses can help notify the police and send over the evidence collected. If you decide not to file a report with the police, they can still collect evidence and keep it for a period of time. If during this time you decide to report the sexual assault, SANE can give the evidence to the police. The evidence will not be destroyed without your consent.

Go to nshealth.ca/sane for SANE contact information in communities across the province.

If you are being bullied online

If you have been bullied or harassed online, or by text or email, or had intimate pictures of you shared without your consent, you can speak with the police, or contact Nova Scotia’s CyberScan Unit. CyberScan oversees Nova Scotia’s Intimate Images and Cyber-protection Act. Contact CyberScan at novascotia.ca/cyberscan/ or call 902-424-6990 or 1-855-702- 8324. You can also speak with a lawyer. And, see the information on cyber-protection orders above.

If an abusive partner needs help

There are community programs that give education and counselling to people who have abused their partners and/or children. There are gender based programs and couple based programs. They programs teach about how to have healthy and respectful relationships. If you have abused or been in an abusive relationship these programs may help improve communication and safety if you have children with the abuser. Children are harmed when they fear, witness or experience family violence. If you are a parent it is important to find a program or service that helps you find and maintain a safe relationship with the other parent.

See the RESOURCES section below for more information on how to contact these programs.

Do I need a lawyer?

You may need to talk to a family lawyer for help with parenting arrangements, child and spousal support or property division, or help if you are trying to get an Emergency Protection Order (EPO) or other court order. You can speak to a criminal lawyer if you have a criminal charge or need help to get a peace bond. It is a good idea to talk with a lawyer if you want to apply to Supreme Court for a cyber-protection order. You can speak with an immigration lawyer if you have immigration concerns.

A trusted family member or friend may be able to help you find a lawyer. You can also contact Legal Info Nova Scotia’s Lawyer Referral Service (902-455-3135 in Halifax or 1-800-665-9779 for the rest of Nova Scotia, or email [email protected]) for a referral to a lawyer you would pay. Go here for other ways to find a lawyer.  Before hiring a lawyer, ask the lawyer how they charge for their work and how much the lawyer thinks the process will cost.

If you cannot afford a lawyer, contact Nova Scotia Legal Aid (NSLA). You can apply for Legal Aid online at www.nslegalaid.ca/onlineapplication, or by calling or visiting your local NSLA office (see the RESOURCES section below for more information).

If you need an interpreter for meetings with your lawyer, you will be responsible for the cost if the lawyer is not a Legal Aid lawyer. You do not have to agree to have your children or friend interpret for you.

Where will I live if I leave my partner?

If the police are called during or after an assault, you can ask them to take you to a transition house or shelter. Transition houses and shelters give women and their children a short-term safe place to live, and can give you information and support.  

Help is still available during the COVID-19  pandemic.  Transition houses throughout Nova Scotia are providing shelter with government support, while still following public health advice.  

You can contact a transition house or shelter yourself. Contact the shelter nearest you or contact the Transition House Association of Nova Scotia (THANS)  - 902- 429-7287, or call 1-855-225-0220 toll free, day or night. THANS is a network of shelters and transition houses with locations across the province. Or, you can contact Nova Scotia 2-1-1 to find your closest transition house or shelter.

After leaving an abusive situation, second stage housing provides safe and affordable housing for women and their children for six months to one year.

You can also choose to rent an apartment or stay with a family member or friend. Shelters and crisis services are also available for men. For more information, see the RESOURCES section below.

Can I take the children with me?

It is best to take your children with you if you are concerned about their safety or you think that your partner will try to stop you from seeing them.

As long as it is safe, you have a duty to tell the other parent about how the children are doing and, when it is safe to do so, arrange for the parent to spend time with the children. Often parents work with a neutral person to help maintain a child’s connection with the other parent after separation where there has been abuse and/or risk of abuse. You should contact a family law lawyer to get legal advice about your situation as soon as possible.

If the other parent has taken the children and refuses to let you see them, then see if there is a neutral friend or relative who can reach out to the parent and arrange your time with the children. If contact is refused then you should seek out legal advice. You may make an emergency application at family court for parenting time with your children.

Whether or not you take the children with you, you can apply immediately to family court for interim (temporary) parenting order for care of your children, and child and spousal support orders for you and your children. You can ask the court to limit your partner’s time with your children, and to make it against the law for your partner to take the children from you.

You can ask the court to set a schedule for the other parent’s time with the children. When appropriate you may ask the court to require the parent’s parenting time to be supervised or that the exchange of the children take place in a public or supervised setting.

You should not try to take the children out of the province or the country as your partner could accuse you of kidnapping the children. If you plan to visit with family in a nearby community then you should inform the other parent of your plan to visit so they do not worry about the children. Your lawyer will explain what you can and cannot do. You can get legal information, about family law at nsfamilylaw.ca, including information about family law rules around relocating with a child after separation or divorce.  See the RESOURCES section for ways to get family law advice.

Can I get income assistance?

If you leave your partner and have no income, you may also be able to get income assistance from Nova Scotia’s Department of Community Services, if you are a Canadian citizen, permanent resident, refugee claimant, or a Temporary Resident Permit holder (not the same as a Temporary Resident Visa for school, work, or visits). You can apply for income assistance over the phone by calling 1-877-424-1177, or go to your local Nova Scotia Community Services office. You will be asked for your bank statements, Social Insurance Number (SIN), Nova Scotia Health Card number, and other documents to help the intake person understand your financial and/or family situation. You may find out on the first call whether you are eligible. Or you may get a meeting with a worker or be asked to wait for someone to return your call.

Ending your lease early

You might be able to end your lease for your rented apartment or home early, without a financial penalty, if you are leaving an abusive situation.

Year-to-year or fixed-term lease: Contact the Department of Justice Victim Services (902- 424-3309 or 1-888-470-0773) to see if you can end your lease with one month’s notice to the landlord. If you are a survivor of domestic violence, Victim Services can help you file an application to end the lease.

Month-to-month or week-to-week lease: You can end your lease using Nova Scotia Residential Tenancies Form C (“Tenant’s Notice to Quit”). You must give one month’s written notice to end a month-to-month tenancy, or one week’s written notice to end a week-to-week tenancy. Contact Nova Scotia Residential Tenancies (Access Nova Scotia) at 902-424-5400 or 1-800-670-4357 for more information about Residential Tenancies. Nova Scotia Legal Aid or Dalhousie Legal Aid can also help.

Taking time off work

After at least three months in a job, you might be able to take time off work if you and/or your child experience abuse. This is called domestic violence leave. It gives employees the right to take time off work to move or to get medical, legal and/or psychological support or other professional counselling for you and/or your children.

Domestic violence leave allows an employee to take:

• up to 16 weeks in a row of unpaid leave, and
• up to 10 days of protected leave in a calendar year, taken all in a row or broken up. Protected leave means that after the leave you must be allowed to return to the same job or, if that job is no longer available, to a comparable one with no loss of seniority or benefits. Employers must pay for up to three days of domestic violence leave.

This leave applies to employees in provincially regulated workplaces, and to unionized employees. You can combine domestic violence leave with other types of leave. Contact Nova Scotia Labour Standards (902-424-4311 or toll-free at 1-888-315-0110) for more information about domestic violence leave and other leaves from work.

General information and resources

211 Nova Scotia
2-1-1 or text 21167 
ns.211.ca
Finds services in your community any time. Expanded supports are available for women, and people of all genders, including trans, non-binary, two-spirited, and gender-diverse folks. No matter where Nova Scotians live or how they identify, if they have concerns about their well-being, safety, and/or the safety of others, services are available any time of day or night and any day of the year. Supports include information, navigation, referrals, and brief intervention counselling. All Genders Helpline, Women's Helpline, Men's Helpline: call 2-1-1.  Free and confidential.

2-1-1 can help you find:

• a safe place away from an abuser
• information or advice about the law
• victim services to help when you need it.

Healthlink 8-1-1
811.novascotia.ca
Information or advice about your health. It can help you find a health care service in your area. Nurses can help you in French or English. They can also help through an interpreter in many languages.

Adult Protection Services - Nova Scotia Department of Health and Wellness
1-800-225-7225 toll-free
Adult Protection Services can help if you are worried that an adult is being neglected, abused or harmed. You can call between 8:30 a.m. and 4:30 p.m., Monday through Friday.

Child Protection Services (Department of Community Services)
2-1-1 to find Child Protection Services near you.
Call Child Protection Services if you believe that a child is being abused or neglected or could be abused or neglected, you can call Child Protection Services. During the day, contact the district office of the Department of Community Services near you. After 4:30 p.m., call 1-866- 922-2434. 

Canadian Human Trafficking Hotline
Anyone who is a victim of human trafficking or knows a victim can contact the confidential Canadian Human Trafficking Hotline at any time at 1-833-900-1010 (toll-free) or https://www.canadianhumantraffickinghotline.ca/

Neighbours, Friends and Families Program
A campaign to help people learn signs of violence against women. To learn more, visit nsdomesticviolence.ca/nff

General information on family violence and resources
women.novascotia.ca/resource-map and
nsdomesticviolence.ca

Women’s Centres
womenconnect.ca
Help with information, support, advocacy and referrals across Nova Scotia

Making Changes
women.gov.ns.ca
Making Changes: a book for women experiencing intimate partner abuse, with information that is also relevant to men and nonbinary people who have experienced abuse. A Nova Scotia Advisory Council on the Status of Women publication.

Nova Scotia Rainbow Action Project
nsrap.ca
Seeks equity, justice, and human rights for 2SLGBTQIA+ people in Nova Scotia pdf

Healthy Family Relationships: What newcomers need to know (1.52 MB)

pdf Leaving an abusive relationship: 12 tips (452 KB)

Legal Help

Independent Legal Advice for Sexual Assault Survivors Program
2-1-1
novascotia.ca/SexualAssaultLegalAdvice
Up to 4 hours of free legal advice if you have been sexually assaulted and are 16 years old or older. You do not have to report to police or go to court if you use this service. They can help in English or French, or use a free interpreter for other languages.

Halifax Refugee Clinic
902-422-6736
halifaxrefugeeclinic.org
Gives immigration legal services to refugee claimants and people in need of protection who cannot afford a private lawyer. They offer legal advice to survivors of domestic violence only about their immigration status.

Nova Scotia Legal Aid
nslegalaid.ca or look under Legal Aid in the telephone book
Free legal information, advice and representation for adults and youth. Legal Aid might help with criminal or family law, employment insurance, income assistance, or a problem with your landlord. Some services are based on financial need. Apply online at nslegalaid.ca or contact your local Legal Aid office. Legal Aid can help if you are accepted into Domestic Violence Court in Sydney or Halifax.

Dalhousie Legal Aid Service
902-423-8105
Free legal information, advice, and advocacy if you have low income. They can help with issues like income assistance and tenant rights and housing. They do not do immigration issues or adult criminal matters.

Legal Information Society of Nova Scotia
1-800-665-9779 (toll-free) or 902-455-3135
legalinfo.org
Email: [email protected] (English or French)
Free legal information on any legal topic, or help to find a lawyer and other legal help, provided by telephone, email and live chat.  You do not have to give your name.

Accès Justice Access
902-433-2085 or 1-844-250-8471 (English or French)
Free legal information and legal form-filling help. You must make an appointment. In-person in Halifax.

Mi’kmaq Legal Support Network
1-877-379-2042
mlsn.ca

Support services and victim support services to Aboriginal people in Nova Scotia, particularly through the Mi'kmaw Court Worker Program and the Mi'kmaw Customary Law Program.

reachAbility
902-429-5878 or 1-866-429-5878
reachability.org

Legal referral service for people with disabilities.

nsfamilylaw.ca
Nova Scotia legal information about parenting arrangements, separation, divorce, child and spousal support, and domestic violence.

Emergency Protection Order—Justice of the Peace Centre
1-866-816-6555 toll-free or 902-424-8888
Call the Justice of the Peace Centre to apply for an emergency protection order. A justice of the peace will hear your story and decide right away whether to give you an emergency protection order.

Online Abuse (CyberScan Unit)
902-424-6990 in Halifax or 1-855-702-8324 toll-free
novascotia.ca/cyberscan/

CyberScan helps if someone has shared private pictures of you without your consent or is bullying you online, or by text or email. They might also help you apply to the Supreme Court of Nova Scotia for a cyber-protection order.

Domestic Violence Courts
courts.ns.ca (under Domestic Violence Court)
902-563-3510 (Sydney) 902-424-7404 or [email protected] (Halifax)

Special court that helps protect survivors of domestic violence and their families from future abuse. Programs to help people who commit abuse change behaviour and prevent future abuse. Connects family members to
services and supports near where they live

Transition Houses and Crisis Help

Transition House Association of Nova Scotia
902-429-7287 or 1-855-225-0220 (day or night) or call 2-1-1
thans.ca
They can help you find a shelter near you if you want to leave an abusive relationship. Shelters can also help with information, crisis support and safety planning, even if you do not want to live at a shelter. You do not have to give your name.   

Bryony House (Transition House Association of Halifax)
902-422-7650 (crisis number)
902-423-7183 (shelter main number)
bryonyhouse.ca
Women in Halifax who are leaving domestic violence or abusive relationships can call any time of the day or night and any day of the year.

Autumn House Support Line
902-667-1200 any time of day or night.
autumnhouse.ca
Contact for women and men in abusive relationships. Men who abuse their partners who want help to change can also call this number, or 902-667-4500 during the day.

NS Mi'kmaq Crisis and Referral Line
902-379-2099 1-855- 379-2099 any time of day or night
eskasonimentalhealth.org
Province-wide support to Mi’kmaq people, provided by Eskasoni Mental Health.

Mental Health Mobile Crisis
1 888-429-8167, any time of day or night.
Help for anyone experiencing a mental health crisis.

Victim Services

Provincial Victim Services Program
Information, support, and help if you are a victim of crime, or the spouse or relative of a victim. Information about your case, help to write a victim impact statement, help to apply for money or counselling and get special help for child victims or a witness of a crime. 

Halifax or Dartmouth or the South Shore: 902-424-3309
Annapolis Valley: 902-679-6201 or 1-800-565-1805 toll-free
Northern Nova Scotia: 902-755-7110 or 1-800-565-7912 toll-free
Cape Breton: 902-563-3655 or 1-800-565-0071 toll-free

Halifax Regional Police Victim Services
902-490-5300
Helps you in a crisis and after a crisis. Emotional support and help to find services. Help applying for a peace bond in the Halifax area.

Mi’kmaw Victim Support Services
1-877- 379-2042 (Cape Breton)
902-895-1141 (Mainland NS)
Victim support for aboriginal people dealing with the criminal justice system. Provided by Mi’kmaq Legal Support Network

RCMP Victim Services
1-888-995-2929
Information or emotional support after a crime. Call and leave a message. They call you back in 24 hours.

Sexual Assault Centres and Programs

Sexual Assault Nurse Examiner (SANE) Program

If you have been assaulted in the past five days, call and leave a message. A nurse will call you back right away. You can also go to an emergency department for medical help or go to the police to report the assault. You can also tell your family doctor or nurse practitioner.

Halifax: 1-877-880-7263
Guysborough, Antigonish, Pictou and Richmond Counties: 1-877-880-SANE (7263)
Sydney area: 1-844-858-8036
Yarmouth area: 1-833-577-SANE (7263)

Antigonish Women’s Resource Centre and Sexual Assault Services Association
awrcsasa.ca
902-863-6221
Counselling for all genders

Avalon Sexual Assault Centre
avaloncentre.ca
902-422-4240
Counselling for women, trans and non-binary individuals

Colchester Sexual Assault Centre
colchestersac.ca
902-897-4366
Counselling for all genders

New Start Counselling - Healing Narratives (Dartmouth)
newstartcounselling.ca
902-423-4675 or [email protected]
Free counselling for men who have
experienced sexual assault

Sexual Violence information and Training
breakthesilencens.ca
Nova Scotia information, resources, and training about sexual violence

Independent Legal Advice for Sexual Assault Survivors Program
see Legal Help above.

A Survivor’s Guide to Sexual Assault Prosecution
novascotia.ca/pps/publications/survivorsguide-to-sexual-assault-prosecution.pdfto-sexual-assault-prosecution.pdf
Nova Scotia Public Prosecution Service publication for sexual assault survivors that explains each step of a sexual assault prosecution, and what the survivor can expect to happen in court.

Services for men who want to stop hurting their partner

New Start Counselling (Dartmouth)
newstartcounselling.ca
902-423-4675 or [email protected]

CornerStone Cape Breton (Sydney)
cornerstonecb.ca
902-567-0979 or [email protected]

New Directions (Amherst)
autumnhouse.ca
902-667-4500 or [email protected]

Freeman House's Alternatives Program (Bridgewater)
902-543-7444 or 1-877-882-7722 toll-free, or [email protected]

New Leaf (Pictou County)
902-396-2440

Bridges (Truro)
bridgesinstitute.org
902-897-6665 or [email protected]

Immigrant Services

African Diaspora Association of the Maritimes
adamns.com
Focuses on the needs of immigrants of African Diaspora descent

Salvation Army Atlantic Refugee and Immigrant Services Project
902-477-5393, extension 224
Helps you fill out immigration forms and travel papers.

Immigrant Services Association of Nova Scotia
902-423-3607
isans.ca
Helps newcomers settle in Nova Scotia. Also helps permanent residents who have a crisis, like abuse in a relationship. Free interpretation is available.

Nova Scotia Interpreting Services
902-425-6604
902-425-5532 if you need help now
interpretingservices.ca
Interpretation services for 39 languages. Open 24 hours a day, 7 days a week.

Rainbow Refugee Association of Nova Scotia
rainbowrefugeens.com
Privately sponsors, resettles, and advocates for LGBTQI+ refugees in Nova Scotia.

YMCA Centre For Immigrant Programs
ymcahfx.ca
Programs and outreach services for newcomers.

What might I be charged with if I drink or take drugs and drive?

The most common impaired driving offences under the Criminal Code are:

• Impaired driving: Driving while you are impaired by alcohol and/or drugs, including prescription or illegal drugs, or cannabis. Police do not need a breath or bodily fluid test to lay this charge. A charge can be based on the driver’s behaviour and appearance.
  
  
• Driving over the legal limit: Driving with a blood alcohol or blood drug level that is over the legally prescribed limit for that particular substance, or having more than the legal limit in your system within two hours of driving.
  
  
• ‘Refusal’: Failure or refusal to do physical sobriety tests or give a breath or bodily fluid sample when asked, without a reasonable excuse.

These are all crimes under the Criminal Code of Canada. You can be charged with any of these offences if you operate or have ‘care or control’ of a car, truck, boat, snowmobile, ATV, aircraft or other vehicle or vessel while impaired, or with a blood alcohol level over the legal limit. Even an electric bicycle is a “vehicle” under this law.

You may be charged even if you are not driving the vehicle, but it is in your ‘care or control’. This means the vehicle does not have to be moving. You may have care or control if you are in the driver's seat with the car keys in your pocket, but the vehicle is parked and the ignition is off.

You could also be charged if you are not in the vehicle at all, but police believe you were driving the vehicle within the last two hours while impaired. For example, you may be in your home with the car parked in the driveway, but the police have received a call that you were driving the car within the last two hours and you are found to be impaired by alcohol or drugs. It is a defense in such circumstances if you had no reason to expect you would be required to provide a breath sample.

What is the legal limit for alcohol and drugs?

There are a number of substances which may impair your ability to operate a vehicle. The law sets out specific limits for each substance. Driving while over the limit on any of these will result in a criminal charge.

In general, for alcohol and cannabis, the law allows drivers to have a small amount in their system. However,  the legal limits are significantly lower if a combination of alcohol and cannabis are present at the same time. For other drugs, particularly psychoactive drugs, even the smallest amount of the substance in the system will be enough for police to lay a charge.

It is important to know that everyone’s body is different. Two people could consume the same amount of alcohol or drugs and have completely different results when tested based on body type and physical traits.

Legal Limits

Alcohol: a blood alcohol concentration of 80 milligrams (mg) per 100 millilitres (ml) of blood, called ".08"

Cannabis: 2 nanograms (ng) is the legal limit but there are two separate charges depending on the amount of THC in the blood

• More than 2 ng but less than 5 ng of THC per ml of blood will result in a less serious offence that carries a maximum sentence of $1,000 fine and no minimum
• More than 5 ng of THC falls under the same sentencing rules as alcohol or hard drugs

LSD: Zero tolerance

Psilocybin, psilocin: Zero tolerance

Ketamine: Zero tolerance

PCP: Zero tolerance

Cocaine: Zero tolerance

Methamphetamine: Zero tolerance

6-MAM (opioids): Zero tolerance.

What are the police allowed to do if they stop my vehicle?

If the police want to investigate a traffic law, or have reasons to believe you’ve committed an offence they may ask you to pull over and stop your car. For example, the police may pull you over to check that you have a driver’s license, that your vehicle is in good working order and is properly insured, or to check for impaired driving.

If your vehicle is stopped by a police officer, the officer will usually ask to see your driver’s license, vehicle registration, and proof of insurance for the vehicle. You must provide your license, vehicle registration, and proof of insurance for the vehicle.

The officer may ask you questions like ‘Have you had anything to drink?’ or ‘When did you have your last drink?’ You are not legally required to answer the officer’s questions. You may politely refuse to answer.

There are a few different tests police can ask you to take to find out if you’ve been driving while impaired by alcohol or drugs:

• Roadside Breath Test
• Roadside Physical Sobriety Test (Standardized Field Sobriety Test)
• Breathalyzer Test
• Drug Recognition Evaluation
• Blood sample

What if I refuse to take any of the tests police ask me to take?

If you refuse to take any of the tests you can be charged with a criminal offence for failing to comply with a police demand.

You do not have the right to contact a lawyer before taking a roadside breath or saliva test, or a Standardized Field Sobriety Test.

You have the right to contact a lawyer before taking a breathalyzer test or drug recognition evaluation tests. Use that right.

It is a criminal offence to refuse to take any of the tests when the police demand it.  If you are found guilty of refusing to comply with a police demand you will be sentenced to a minimum $2000 fine and a 1 year driving prohibition for a first offence. 

The general rule is that you must take the tests when the police demand it, unless you have a reasonable excuse for refusing. A court will decide whether you had a reasonable excuse for refusing. It is hard to show a reasonable excuse. The law on this issue is complicated, so if you have been charged with a refusal it is best to speak with a lawyer. 

What are the Criminal Code penalties if I am convicted of impaired driving, driving with a blood alcohol or drug level over the legal limit, or refusal?

Sentencing is a very individualized process. The court will look at your circumstances and the facts. Things like prior driving or alcohol/drug related offences may increase the sentence. A judge might give a harsher sentence if the driver had a high concentration of drugs/alcohol in their system,  if someone was injured,  or if property was damaged.

Offence	Minimum Penalty	Maximum Penalty	Driving Prohibition
Impaired First Offence	BAC 80-119 mg:   $1,000 BAC 120-159 mg: $1,500 BAC 160 mg:  $2,000 BAC = Blood Alcohol Concentration	5 years in prison	1 year
Impaired  Second Offence	30 days in jail	5 years in prison	2 to 5 years
Impaired Third (or more) Offence	120 days in jail	5 years in prison	3 years to life
Refusal First Offence	$2,000	not applicable	1 year
Refusal Second Offence	30 days in jail	10 years in prison	2 to 5 years
Refusal Third Offence	120 days in jail	10 years in prison	3 years to life

 

Look at the federal Department of Justice Impaired Driving Sentencing Chart, under Penalties, for more information. And, speak with a lawyer so that you understand all of the potential penalties for your situation.

In some cases a person may be allowed to drive during the driving prohibition period if they take part in an Alcohol Ignition Interlock Program. There may be a waiting period before the offender can take part in an Alcohol Ignition Interlock Program, although a judge may waive the waiting period.

The maximum jail term for these offences ranges from 18 months for a summary, or less serious offence, to 10 years for an indictable, or more serious offence. The Crown prosecutor decides whether to process the charge as a summary or indictable offence. If you are convicted of any of these offences you will also have a criminal record.

In addition, you may find it difficult to get insurance coverage and you can expect to pay very high insurance rates.

Will I lose my driver's license?

Roadside license suspension under Nova Scotia's Motor Vehicle Act: 

You may have your license suspended even if your blood alcohol level is .08 or less.

If you get a 'warn' on your roadside screening test, or if your breathalyzer test shows a blood alcohol level between .05 and .08 (50 to 80 mg of alcohol in 100 mL of blood), you may have your driver's license suspended immediately.

Roadside license suspensions under Nova Scotia’s Motor Vehicle Act are:

• 7 days for a first suspension within 10 years
• 15 days for a second suspension within 10 years
• 30 days for a third or subsequent suspension within 10 years.

3 month (90 day) administrative suspension under Nova Scotia's Motor Vehicle Act:

If you are criminally charged with impaired operation of a vehicle under any of the Criminal Code sections, then, in addition to being charged criminally, your driver's license will be suspended for 3 months starting 7 days after the incident. The police officer will give you a temporary 7 day driver's license to give you time to find alternative transportation, and when that runs out your driver's license will be suspended for the following 3 months.

You can apply to the Registrar of Motor Vehicles through Service Nova Scotia to have this administrative suspension reviewed. To do this you must file an application for review, pay the required fee, and, if you haven’t already done so, hand-in your driver's license. If you want an oral hearing, you must ask for one.

After you file for a review and pay the fee, the review generally happens within 10 days for a review of written evidence, or within 20 days for an oral hearing.

Applying for a review does not stay (lift) the suspension of your driver's license.

If your appeal to the Registrar of Motor Vehicles is not successful, you can appeal the Registrar's decision to the Motor Vehicle Appeal Board.  You can contact the Motor Vehicle Appeal Board at:

Website: novascotia.ca/sns/access/drivers/motor-vehicle-appeal-board.asp
Telephone: (902) 424-4256 or 1-855-424-4256
Address:  Motor Vehicle Appeal Board, 1672 Granville Street, Halifax, NS B3J 2N2

The administrative suspension under the Motor Vehicle Act is in addition to any period of driving prohibition imposed by the criminal court if you are convicted of impaired driving or refusal.

Criminal Code driving prohibitions:

If you are convicted of impaired driving, driving over .08, or refusal, you will be prohibited from driving for:

• First offence: 1 year from the conviction date, possibly up to 3 years. If you participate in the ignition interlock program, you may drive again after three months’ suspension
• Second offence: 2 years from the conviction date, possibly up to 5 years. If you participate in the ignition interlock program, you may drive again after 6 months' suspension
• Third or subsequent offence: 3 years from the conviction date, possibly for life. For a third offence only - if you participate in the ignition interlock program, you may drive again after 12 months' suspension.

Note: A judge may waive the waiting period for applying for the ignition interlock program.

Violations of Criminal Code driving prohibitions are a criminal offence. Penalties include fines, probation, and jail for up to 5 years.

The Registrar of Motor Vehicles may revoke a driver’s license for a longer period than the one imposed by the criminal court. Generally the Registrar of Motor Vehicles will revoke a driver’s license for 1 year for a first offence, 3 years for a second offence, 10 years for a third offence, and permanently for a fourth offence. 

If you are convicted of impaired driving or driving over .08 and you had a child under 16 in your car when the crime happened, the Registrar of Motor Vehicles will revoke your license for an extra year (for example, at least 2 years for a first offence), and participation in the Alcohol Ignition Interlock Program will be mandatory.

What is the Alcohol Ignition Interlock Program?

The Alcohol Ignition Interlock Program allows you to drive during the mandatory driving prohibition period, as long as you meet all program conditions and are driving a vehicle in which an ignition interlock device has been installed. An ignition interlock device requires drivers to provide a breath sample before they can start the vehicle. It also requires them to periodically give more breath samples during longer trips (about 10 to 12 samples a day).

The program is optional for most low and medium risk first-time impaired drivers, but mandatory for:

• those convicted of impaired driving who had a child under 16 in the car when the offence happened; and
• repeat and high risk impaired drivers; and
• those convicted of impaired driving causing bodily harm or death.

To get back on the road repeat and high-risk impaired drivers must have an interlock ignition device installed in their vehicle, and must complete alcohol rehabilitation counselling and education. Program participants must have an interlock device fitted to their vehicle’s ignition. The driver blows into the device, which measures blood alcohol levels. The vehicle will not start if the driver’s blood-alcohol reading is above .02 mg of alcohol per 100 mL of blood. The driver must `also periodically provide breath samples while the vehicle is running. Information recorded on the interlock device must be downloaded every 60 days, and is used in deciding whether the person should stay in the program.

The alcohol rehabilitation component of the program is operated by Addiction Services. It involves an alcohol or drug use evaluation, completion of the Driving While Impaired education program, a risk assessment, and counselling sessions. Participants pay about $1700 to $2000 for their first year in the program, in addition to about $400 for Addiction Services . This does not include other costs associated with alcohol-related convictions, such as legal fees, court fines, increased insurance premiums, and a license reinstatement fee.

Contact Service Nova Scotia at (902) 424-5851 or 1 800-898-7668, or visit novascotia.ca/sns/rmv/interlock/ for more information about the Alcohol Ignition Interlock Program.

What is the Alcohol Ignition Interlock Program?

The Alcohol Ignition Interlock Program (the 'Program') is for drivers who are:

• prohibited from driving because they have been convicted of an alcohol related driving offence under the Criminal Code of Canada, or
• required by the Registrar of Motor Vehicles to participate in the Program.

The Program may allow you to drive with a conditional 'interlock' driver's license for part of the time that your license is revoked and you are subject to a prohibition order.

To participate in the Program you must:

• apply to the Registrar of Motor Vehicles and be accepted into the Program. Acceptance is not automatic, and there are fees for being in the Program
• have an interlock ignition device installed in your vehicle
• go to Addiction Services for rehabilitation, counselling and education. This includes the 'Driving While Impaired' education program, a risk assessment, evaluation for alcohol or drug use, and counselling sessions
• meet all other Program eligibility requirements and conditions
• otherwise be eligible for a driver's license.

The Registry of Motor Vehicles runs the Program.  Addiction Services, operated by the various Health Authorities, provide mandatory counselling services.

What factors are looked at to decide whether I will accepted into the Program?

If you are eligible for and apply to participate in the Program, the Registrar of Motor Vehicles will look at the following factors in deciding whether you will be accepted:

• your driving history, especially alcohol-related incidents, whether or not you were convicted under the Criminal Code
• any information about you provided by Addiction Services
• any information about your participation in an alcohol rehabilitation program
• any medical or other information relevant to your ability to drive and be in the Program.

What is an alcohol ignition interlock device?

An interlock device is an alcohol breath-screening device installed in your vehicle's ignition system. You blow into the device, which measures blood alcohol levels. The vehicle will not start if your blood-alcohol reading is above .02 mg of alcohol per 100 ml of blood. Information recorded on the interlock device must be downloaded every 60 days, and is used in deciding whether the person should stay in the Program.

Is the Alcohol Ignition Interlock Program mandatory?

The Program is:

• optional for first-time impaired drivers who are assessed by Addiction Services as low- or medium-risk to re-offend
• mandatory for drivers who want to get their license back and are:
  • repeat and high-risk impaired drivers*
  • convicted of impaired driving causing bodily harm or death
  • required to participate by the Registrar of Motor Vehicles.

*Repeat offenders who have 4 or more impaired driving convictions in a ten year period, and whose license is permanently revoked as a result, are not eligible for the Program.

When am I eligible to get an interlock license?

If you have been issued a prohibition order under the Criminal Code, you must wait the following time period before you can get a license:

• 3 months from the date of sentencing for a 1st offence;
• 6 months for a 2nd offence; and
• 12 months for any subsequent offence. 

However, you can start the application process and required Alcohol Assessment before this time elapses.

*A person convicted of impaired driving causing bodily harm or death is not eligible for early reinstatement, but must participate in the Program at the end of their revocation period to get their license restored.

How long will I have to be in the Program?

The minimum length of time you must be in the Program depends on the number of alcohol-related convictions you have had. You will find a list of the minimum periods in the Alcohol Ignition Interlock Program User's Handbook (a Nova Scotia government publication),  or call (902) 424-5851 or 1 800 898-7668.

You must apply to be released from the Program and the Registrar can extend the minimum period. In determining whether to allow someone to exit the program, the Registrar will consider:

• results of reports from the interlock service provider
• how often the vehicle was operated by the driver
• any incidents or reports of alcohol-related driving
• any other information or factor the Registrar considers relevant.

Can I be dismissed from the Program after I am accepted?

Yes. The Registrar of Motor Vehicles may dismiss a person from the Program at any time for any reason.
If you are dismissed:

• You must be notified in writing, by registered mail.
• Your interlock license is automatically revoked.
• You must wait at least 90 days before you can re-apply to be accepted back into the Program.
• Time already spent in the Program will not count, and you will have to restart your minimum time period if you are accepted back into the Program.

How much does it cost?

Participants pay a fee to the service provider for their first year in the program. This does not include other costs associated with alcohol-related convictions, such as legal fees, court fines, increased insurance premiums. In addition, participants will incur the following fees: $39.50 initial interlock application fee (2022); license reinstatement fee ($124.60); Addiction Services fee for Rehabilitation Program. Fees change so check with the Registrar of Motor Vehicles and Addiction Services for current fees.

What are some of the offences under the ignition interlock program rules?

It is an offence to:

• Tamper with an ignition interlock device, or drive a vehicle in which the device has been tampered with
• Not have your interlock device inspected at least once every 60 days.
• Ask someone else to give a breath sample so you can start the vehicle or keep it moving.
• Help someone who has an interlock license start their vehicle or keep it moving by blowing into the interlock device for them.
• Allowing a person who holds an interlock license to operate a motor vehicle that is not equipped with an interlock device.

Penalties for these offences start at $697.50 (passenger vehicle) or $1,847.50 (commercial vehicle) for a first offence.  Fine amounts change so check with the Registry of Motor Vehicles for current penalty amounts.

Where can I get more information?

For more information about the Alcohol Ignition Interlock Program call (902) 424-5851 or 1 800 898-7668, or visit novascotia.ca/sns/rmv/interlock/. You can download the form for applying to the Program, and the Alcohol Ignition Interlock Program User's Handbook.

For information about Addiction Services, including the 'Driving While Impaired' education program, go to Addiction Services to find your local Addiction Services office.

Who can make a complaint?

Anyone, including a non-citizen, who has a concern about the on-duty conduct of an RCMP member can make a complaint.

How do you make a complaint against the RCMP?

You make a complaint to the Civilian Review and Complaints Commission for the RCMP (the Commission), or at an RCMP detachment. The Commission is an independent federal agency that deals with complaints against the RCMP. The Commission is not part of the RCMP, and is neutral. The Commission works in English and French. It also offers interpretation services for other languages.  Click here to download an information brochure.

 You can make a complaint by phone, by fax, by mail or online.

By phone—call the Commission at its toll-free number: 1-800-665-6878. Its TTY toll-free number is 1‑866-432-5837. They are open Monday to Friday.

Online—on the Commission’s website, using this form.

By fax or mail—use the form on the Commission's website and fax it to 604-501-4095, or mail it to:

Civilian Review and Complaints Commission for the RCMP
National Intake Office
P.O. Box 1722, Station B
Ottawa, ON K1P 0B3

Make your complaint as soon as possible after an incident, while memories are fresh and evidence is still available. The law requires that a complaint be made within one year of an incident. The Commission may extend that time period in certain circumstances if there are good reasons to do so.

In most cases, the Commission sends a complaint to the RCMP for investigation. In certain circumstances, the Commission can investigate the complaint itself. The RCMP investigates your complaint and then reports in writing to you. If you are satisfied with the report, that’s the end of the process.

What if you are not satisfied with the RCMP’s report on your complaint?

You can ask the Commission to review your complaint within 60 days of receiving the RCMP’s report. The Commission can extend that time period if there are good reasons to do so. The Commission will review the RCMP’s report. The Commission obtains from the RCMP all the relevant material required to review the complaint.

In conducting the review, the Commission Chair may:

• review the complaint without investigating further.
• ask the RCMP to investigate further.
• conduct its own investigation.
• hold a public hearing.

If the Commission is satisfied with the RCMP’s report, it sends you a final report with its reasons. It also sends its report to the Minister of Public Safety Canada (the Minister), the RCMP Commissioner, and the officer(s) you complained about. That’s the end of the process.

If the Commission is not satisfied with the RCMP’s report, the Chair sends an interim report to the RCMP Commissioner and the Minister. The RCMP Commissioner will reply to it explaining what the RCMP will do, if anything. The Chair then sends a final report to you, the Minister, the RCMP Commissioner, and the RCMP officer(s) involved.

Does everyone who has been convicted of an offence have a criminal record?

Anyone who is 18 years of age or older and has been convicted of a criminal offence has a criminal record. If you have been convicted of a provincial offence - for example, a ticket under the Motor Vehicle Act, Liquor Control Act, or Protection of Property Act - you will not have a criminal record for that offence.

Who can find out that I have a criminal record?

A criminal record is not a public document. Your neighbour or your boss cannot contact the police and find out if you have a criminal record. However, police, judges, crown prosecutors, border services officers, and other officials may see your criminal record. For example, police use criminal records when they are investigating crimes, and judges use the information when sentencing someone who has committed crimes in the past.

Also, sometimes you may be asked about your criminal record, or you may be asked to consent to provide a criminal record check or vulnerable sector check, such as if you are applying for a job or for some types of volunteer work, particularly those involving children or other vulnerable people.

Having a criminal record may seriously affect your ability to obtain employment or volunteer positions, and to travel internationally.

Visit the Canadian Police Information Centre ('CPIC') website at www.cpic-cipc.ca and the Canadian Criminal Real Time Identification Services website at www.rcmp-grc.gc.ca/cr-cj/ for more information about criminal records and criminal record or vulnerable sector checks.

What is a record suspension?

If you get a record suspension the RCMP and any other federal agency or department that has a record of your conviction must keep your record separate from other criminal records. Once you have been given a record suspension, information about your conviction cannot be given out by the RCMP or other federal agencies without the approval of the Minister of Public Safety Canada.

Also, the Canadian Human Rights Act forbids federal agencies and departments from discriminating against a person who has a pardon or record suspension.

Are there limitations to a record suspension?

Yes. A record suspension will not erase your conviction.

Also, even if you receive a record suspension, you will still have a driving or firearms prohibition if there was one related your conviction. If you were convicted of a sexual offence and you get a record suspension, the record will be kept separate but will be flagged in the Canadian Police Information Centre (CPIC) computer system. This means you may be asked to consent to let your employer see your record if you want to work with children or other vulnerable persons.

You should also keep in mind that the RCMP and other federal agencies or departments must keep your record separate, municipal and provincial police services and courts do not have to do so, although most do.

Lastly, a pardon or record suspension will not guarantee you entry or visa privileges into another country, so if you are planning to travel abroad you should contact that country’s consulate or embassy to find out its policies regarding criminal records and pardons/record suspensions.

You will find more information about criminal records and international travel online at:

• RCMP Criminal Records: www.rcmp-grc.gc.ca
• Foreign Affairs & International Trade Canada – travel.gc.ca/

How soon can I get a record suspension?

You have to wait a certain length of time after the completion of your sentence before you're allowed to apply for a record suspension.

Your sentence is complete when three things have happened:

1. You have paid all fines, surcharges, costs, restitutions and compensation in full; and
2. You have served all of your time, including jail, house arrest, parole and statutory release; and
3. You have satisfied your probation order conditions.

If you committed your first offence on or after March 13, 2012, once your sentence is complete you can apply for a record suspension after waiting:

• 5 years for a summary offence;
• 10 years for an indictable (more serious) offence.

As of March 13, 2012 a record suspension is not available if you were convicted of:

• sexual offences involving children, listed in a schedule to the Criminal Records Act. There are some limited exceptions;
• more than 3 offences where the Crown treated it as an indictable offence, and you were sentenced to jail for 2 years or more for each offence.

Go here to see the waiting periods for offences committed before March 13 2012.   Applications are assessed based on the date of the first offence.

Contact the Parole Board of Canada, or call their Record Suspension Info Line toll free at 1 800 874 2652 for further information.

I got a discharge or other non-conviction. Do I need to apply for a record suspension?

No. If your record is an absolute or conditional discharge you do not need to apply for a record suspension. Discharges are automatically removed from the Canadian Police Information Centre (CPIC) system – 1 year after the court decision if you got an absolute discharge, and 3 years after you are discharged on conditions in a probation order (conditional discharge).

If you received a discharge before July 1992 you should contact the RCMP at rcmp-grc.gc.ca/en/managing-criminal-records under Absolute or Conditional Discharges. 

You do not need to apply for a record suspension if charges were dismissed, stayed or withdrawn. However, you may want to apply to have the non-conviction record destroyed.  The RCMP has information about non-conviction records and how to request destruction of non-conviction information at rcmp-grc.gc.ca/en/managing-criminal-records

How do I apply for a record suspension?

You will have to complete an application form. You can get the application form and a free Record Suspension Application Guide from any parole board or RCMP office or by contacting the Parole Board of Canada toll free at 1-800-874-2652, or online at www.pbc-clcc.gc.ca.

Can I apply again if I don't get a record suspension?

If the Parole Board does not grant you a record suspension, you have a right to re-apply after one year.

What is the application fee to get a record suspension?

There is a $50 processing fee for the application.

Do I need a lawyer to apply for a record suspension?

No, you do not need a lawyer or other representative to apply for a record suspension.

Where can I get more information on record suspensions?

To get a record suspension application kit or help and information about record suspensions contact the Parole Board’s record suspension line toll free at 1-800-874-2652. Also, visit the Parole Board’s website at canada.ca/en/parole-board/services/record-suspensions.html

Other places that may help with information and form-filling for a record suspension:

• John Howard Society of Nova Scotia
• Elizabeth Fry Society (Mainland or Cape Breton)

Legal Advice

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 alawyer 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 or 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.

Legal Rights

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

• 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 am I charged with?

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, 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.

Are all offences treated the same?

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.

Will I get a criminal record?

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.

When do I have to go to court?

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 Frequently Asked Questions about court.

How many times do I have to go to 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.

Your first court appearance (arraignment)

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.

Your next court appearance

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'.

Who will be in court?

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.

Will the media always be there?

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.

What should I wear?

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

How should I behave?

 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.

What happens at a trial

 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.

Preparing for trial

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: what is it and why you need it

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. 

Appeals

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.

Finding a lawyer, more information and help

• 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.

Who can be a juror?

In Nova Scotia you are eligible for jury duty if you are a Canadian citizen and aged 18 or over. The Juries Act is the Nova Scotia law that sets the rules for who can be a juror.

However, some people are disqualified from serving as a juror, others can ask to be excused because of their particular circumstances. They are listed below, under Can I be excused from jury duty?.

How are jurors chosen?

Nova Scotia is divided into 14 jury districts. Each district has a jury co-ordinator who is appointed by Nova Scotia’s Minister of Justice.

Once a year the jury co-ordinator draws up a jury list from names on Nova Scotia’s Health Registration list.  Names are randomly selected from the database. No health information is provided, just names and addresses.   The list is approved by a judge. Every year in Nova Scotia, approximately 25,000 names are picked.

There are several criminal and civil jury terms from September to June. There are usually no jury trials in July or August, but they can happen. Each jury term in Halifax and Sydney is about one month long and they run almost continuously from September through to June. In other areas of the province, the terms range from two to three weeks, and in some areas twice a year or four times a year. Usually, several trials are scheduled for each term. Most trials last from two to six days but some last longer.

When a criminal or civil jury term has been scheduled, the jury co-ordinator, in consultation with a judge, will make up a jury panel by picking names at random from the jury list.  The panel consists of hundreds of names depending on how many jurors are needed.

If your name is selected for the jury panel, you will get a Summons to Jury Duty (juror summons) in the mail at least 10 days ahead of time, telling you when and where you have to go to court.  You’ll find a sample jury summons on the Courts of Nova Scotia website: courts.ns.ca/general/jury.htm

The  Juror Summons will include a Juror Information Form that you must complete and send back right away to the court in the envelope provided.  The form will ask for telephone numbers where you can be reached. It will also ask for your occupation.

Once you get a Juror Summons, you should arrange your schedule so you will  be available during the jury term. The length of service depends on the jury term but can be up to a month or longer.  You must go to court on the day the first trial is scheduled to begin. If you are not picked as a member of the jury for the first trial, you will be excused and told to return to court on the first day of the second trial, and so on.  You are liable to serve on all the juries picked for the term but in practice you are likely to have to serve on only one or two.

If you get a Summons to Jury Duty and have questions after reading the information package, you should call the jury coordinator at the court. The number to call is on the Summons, or go to courts.ns.ca for court contact information.

Why should I serve on a jury?

Jury duty is an important responsibility in our society and an important part of the Canadian justice system. It gives citizens an opportunity to be directly involved in the administration of justice. In a criminal trial, it gives an accused person the chance to be judged by a group of their peers. In a civil trial it provides a person who has made a claim against another a chance for their claim to be judged by other citizens.

Can I serve on a jury if I am receiving Employment Insurance?

Serving on a jury will not affect your Employment Insurance (EI) benefits.  However, if you are on Employment Insurance and you receive a summons to jury duty you should contact the Jury Coordinator. The number to call is on the summons.

Can I be excused from jury duty?

Some people are automatically disqualified from serving as a juror, others can ask to be excused because of their particular circumstances.

People who are automatically excused from jury duty include (this is not a complete list):

• the Lieutenant Governor of Nova Scotia
• members of the Senate and House of Commons of Canada (Senators or MPs);
• members of the Nova Scotia House of Assembly (MLAs); 
• judges, justices of the peace;
• lawyers, articling students and anyone who is attending or has attended law school;
• a jury co-ordinator or other employees of the Department of Justice (federal or provincial), such as probation officers, sheriffs, and correctional officers;
• court officers such as court clerks;
• officers of the Canadian Armed Forces and members of the Armed Forces who are on active duty,  or persons who are active in the reserves;
• police officers;
• persons who have served two years or more in jail for a criminal offence.

If you are not a Canadian citizen or are under 18 you cannot serve as a juror.

As well, anyone may ask to be excused from jury duty if they have a good reason.  For example, you may ask to be exused if:

• you are ill or have an acceptable medical reason;
• serving on a jury would cause you financial hardship;
• it would be a serious inconvenience for you.

A judge may excuse you at any time before the trial starts if:

• you have a personal interest in the issue being tried;
• you know or are related to someone involved with the case including the judge or lawyers;
• you can show personal hardship or have some other reason which persuades the judge to excuse you.  For example, the trial is in French and you only speak and understand English, or vice versa.

In the case of a French or bilingual trial, a questionnaire is sent with the Juror Summons to determine your proficiency in French or, as the case may be, in both official languages.

You may be able to defer (put off) your jury duty if you are able to serve but have a good reason why it would be inconvenient to do so during the term for which you are called.

How do I apply to be excused from jury duty?

If you believe you have a good reason to be excused from jury duty, you should fill out the “Application to be excused/deferred from Jury Duty”.  A copy of the form is provided with the Juror Summons, and a sample  is on the Courts of Nova Scotia website at courts.ns.ca/general/jury.htm.  Send your completed application to the jury coordinator.  The jury coordinator’s contact information is on your Juror Summons.

The jury coordinator may excuse a person from jury duty if it will cause hardship, or if the person is ill.  Unless the person is 70 years or older, a person seeking to be excused because of illness will need to provide a Medical Certificate signed by his or her doctor.

The jury coordinator can also defer (put off) a person's jury duty to a later jury session, if it would be very inconvenient to do jury duty at the assigned session.

If the jury coordinator refuses to excuse the person, the coordinator will send the application to a judge.  The judge may refuse to excuse the person, or may excuse them because of illness, hardship or inconvenience.

The person can also ask to be excused when they go to court on the day set out in the Juror Summons.

After a trial has begun, the judge may excuse or discharge a juror at any time. For example, in a criminal trial, if a juror becomes ill during the trial, the judge may excuse the juror and allow the trial to go ahead, as long as there are at least 10 jurors left.

What happens if I do not show up for jury duty?

If you do not show up for jury duty and you have not been excused beforehand, you may be arrested. You will be brought before the court to tell the judge why you did not show up. The judge may fine you up to $1,000. 

If an emergency prevents you from showing up, you should contact the court as soon as possible. You will find the phone number for the court administration office and the jury coordinator on your Juror Summons, or look under ‘Courts’ in the government section of the telephone book, or online at courts.ns.ca

Can my employer fire me for taking time off for jury duty?

When you have been called to jury duty, your employer must, by law (Nova Scotia Labour Standards Code), give you an unpaid leave of absence from work for as long as you are needed. This may be a few hours, a day, several days or months during the jury term. Your employer must keep your job open for you.

When you return to work, your employer is not allowed to demote you or to decrease your wages because you were required for jury duty. However, your employer does not have to pay you for the time you are away from work, unless it is a term of your employment contract, although many employers are willing to do so.  Speak with your employer.  If you are having difficulty getting the time off, contact Nova Scotia Labour Standards.

What kind of cases do juries hear?

Your Juror Summons  may or may not tell you if you are being called for a civil jury term or a criminal jury term, or both.

Most jury terms in Nova Scotia are for criminal cases. A criminal case is one in which the Crown is trying to prove beyond a reasonable doubt that the person charged with the crime is guilty. The Crown represents the interests of the general public. Some examples of criminal trials which might have a jury are murder, attempted murder, serious assaults, and robbery.

In a civil trial, the jury has to settle a private dispute between two parties. Lawyers involved represent the interests of the private parties involved in the dispute.  The plaintiff must prove his or her case on the balance of probabilities. Some examples of civil trials which might have a jury are land disputes, personal injury claims, claims for defamation (libel, slander) and claims of false arrest.

Will I be paid for jury duty?

If you are selected for jury duty you will receive $40 a day, plus a travel allowance of 20 cents per kilometre for each trip to the courtroom. Your parking will be paid only if you are selected as a juror. You have to provide your own meals. If you have to stay overnight in a hotel while the jury is in the process of reaching a verdict (decision), your meals and hotel room will be paid.

If you are not selected as a juror but traveled more than 100 kilometres from your home to the courthouse, you will be paid 20 cents per kilometre for your travel.

How long should I expect to be in court each day?

Usually, courts sit from 9:30 am to 4:30 or 5 pm in the afternoon, with a morning break (called a recess), a lunch hour and an afternoon recess.

Jurors can go home every evening during the trial itself (when the evidence is being heard). Jurors are not allowed to go home during deliberations, that is, during the time they are deciding the verdict. In most cases, juries complete their deliberations within a single day. Usually, the only time you will have to stay away from home overnight is if you are deliberating beyond 6 pm in the evening, or thereabouts, without reaching a verdict. This does not happen very often, and when it does, it is usually for only one night.

What should I wear to court?

There is no special dress requirement for jurors, but you should wear something neat, clean, fairly conservative and comfortable.

It is a good idea to bring a book or something to help you pass the time because there may be some delays during the first day, before the trial begins. However, when you are in the courtroom, you must focus your attention entirely on what is being said and done.

Who will be in court during the trial?

The following is a list of the people who will likely be in court, and a brief explanation of their roles:

• the judge - has authority in the courtroom and directs the proceedings. If the accused is found guilty, the judge decides on the sentence
• the sheriff or a deputy sheriff -  provides security in the courtroom
• the court clerk or court reporter - organizes the selection of jurors from among the jury panel, keeps a record of exhibits at the trial and looks after other administrative matters. The court clerkalso administers oaths, announces when court is in session and when it is recessed, and makes sure the recording equipment is working properly
• counsel - lawyers are referred to as 'counsel' in the courtroom. In a criminal trial the counsel for the prosecution, representing the interests of the general public, is usually called the Crown Attorney. The counsel for the accused is called the defence counsel. In a civil case the person bringing the action is known as the plaintiff. The person the plaintiff is bringing action against is known as the defendant. Their lawyers are referred to as counsel for the plaintiff and counsel for the defendant.
• the accused: the person charged with a criminal offence, that is the person on trial.
• Witnesses will be called into the courtroom in turn to give evidence at trial. The courts are also open to the public and media who may watch the proceedings.

How are jurors picked?

Sometimes, the first day of the trial can be a frustrating day for members of the jury panel. The accused may change his or her plea to 'guilty' just when the trial is about to begin. If this happens, the jury panel may be sent home and told to return the following week, or they may be told to wait for another trial scheduled for later in the day.

If the trial goes ahead, the first task of the day will be for the Crown and defence counsel to select 12 jury members from the jury panel.

The jury panel will meet in the courtroom, the court reporter will call out everyone's name, and make a note of any member of the panel who is not there to answer.

The judge will ask if any members of the jury panel believe they should be excused from sitting on this particular case. Now is the time for you to speak up if you feel you have a reason to be excused, for example, you have a friend or relative who is involved in the case. You should also tell the judge if you have any sort of special interest in the case or a strong emotional response to the crime. For example, a close friend of yours may have been the victim of a similar crime, or the case may involve a crime against a child and you have a child the same age. The judge will decide whether to excuse you.

The names of potential jurors will then be picked at random from a box of cards containing the names of every member of the jury panel. If your name is picked, you will be asked to stand in the jury box so that you and the accused can see each other. The Crown Attorney and the defence counsel may ask you questions to help them decide whether to 'challenge' you.

"Challenges" and stand by

The Crown Attorney and the defence lawyer can each 'challenge' you or any other prospective juror, this means that they request that you not sit on the jury. There are two basic types of challenges: 'peremptory challenges' and 'challenges for cause.'

A peremptory challenge allows the Crown Attorney or the defence lawyer to challenge a juror without any reason or explanation.

They are each allowed:

• 20 peremptory challenges where the accused is charged with first degree murder or high treason,
• 12 peremptory challenges where the accused could be sentenced to prison for more than five years if convicted
• 4 peremptory challenges where the accused is charged with any other offence.

A challenge for cause is when the Crown Attorney or the defence counsel believes after questioning you, that there are reasons that disqualify you from serving at that particular trial. There is no limit to the number of challenges for cause.

If you are challenged or excused, keep in mind that this is not a judgment on your ability or on your standing in the community. There may be 150 people or more on a jury panel. The lawyers, working from two opposing points of view, must narrow it down to the 12 they believe would be the best jurors for the particular case.

Stand by - the judge may order a member of the jury panel to 'stand by' if that person has asked to be excused for reasons of personal hardship or for some other reason.

If a full jury has not been selected after all the names on the jury panel have been called, persons on 'stand by' may be recalled.

They will be sworn in as jurors unless the judge excuses them or they are challenged by counsel.

What happens if not enough jurors are selected from the panel?

It is possible that the lawyers may go through the entire jury panel and not find 12 people whom they both feel would make suitable jurors for the case. At this point, the judge may order the sheriff, or any other officer, to immediately summon as many people as necessary to complete the jury.

This does not happen very often, but when it does it can be dramatic. The sheriff may go out on the street, usually right in front of the courthouse, and order people who are walking by to report to the court for jury duty. If this should ever happen to you, you are legally required to do as the sheriff says.

What happens once the jury is selected?

If you are selected as a jury member you will promise or swear on a Bible -  or in whatever way is appropriate to your religion - that you will faithfully execute the duties involved. If you do not have a religious belief, you can simply affirm that you will faithfully execute a juror's duties. All forms of oath and affirmation are equally valid.

What is the jury's responsibility?

At the beginning of the trial, the judge will explain the jury's duties and how the trial will be conducted. The jury's primary duty is to listen to all the evidence presented in court and to decide the facts of the case. This may not be easy because trials usually take place long after the event, and witnesses often have differing and conflicting memories of what happened.

Trials are not contests between lawyers; there are neither winning nor losing lawyers, only winning or losing clients. Each lawyer will try to present the facts of his or her client's case in the most favourable light. As a juror, your role is to decide what the facts are and whether the Crown or, in a civil trial, the plaintiff has proved its case. Do not be influenced by whether you like or dislike the lawyer, the accused or the plaintiff.

The jury's other duty is to apply the law to the facts of the case. The judge will explain the law to you. You will be told to approach the case with an open mind and without any idea as to whether the accused is guilty.
As the trial proceeds, it is important that jurors keep an open mind and listen to all the evidence, the arguments of both the Crown Attorney and the defence counsel and the judge's instructions.

Jurors must not leave the courtroom while the trial is in progress. If you need to leave the courtroom for any reason other than during the usual breaks, you should pass a note to the deputy sheriff who will be nearby and who will, in turn, pass it to the judge. The judge will likely call an adjournment and the whole jury will retire to the jury room.

What happens at a criminal trial?

The Crown Attorney will begin by saying what the accused is charged with, what the Crown intends to prove, and how the Crown will present the proof. These opening statements are not part of the evidence. The entire court proceeding and all the evidence is tape recorded so that it can be played back if necessary.

The Crown Attorney will then present the case for the Crown in the form of evidence. This may include documentary evidence (such as photos, autopsy reports or sworn statements) and the spoken testimony of witnesses. The Crown Attorney will question the witness. This is called 'direct examination' or 'examination in chief'.

Next, the counsel for the defence will have a chance to 'cross-examine' the witness. The defence counsel can ask questions about points that were raised in the direct examination.  The defence counsel does not have to cross-examine every witness, and will usually only do so if it will help the accused’s case.
After the Crown Attorney has presented his or her case, the lawyer for the defence can also present evidence and call witnesses. The defence counsel will conduct the direct examination and the Crown Attorney may cross-examine the witnesses.

The defence does not have to present evidence. The accused does not have to give evidence.  

Admissible evidence

The laws of evidence are designed to make sure that the jury's decision is based only on evidence that is legally admissible. Therefore, when one counsel is questioning a witness, the other counsel may object to the questions being asked or the answers being given. The judge will either overrule the objection (that is, reject the objection) or sustain it (that is, agree with the objection). If the objection is sustained, the judge will tell the jury to ignore the answer given by the witness or may instruct the witness not to answer the question.

Some objections cannot be dealt with right away. Counsel may have arguments as to why the evidence should, or should not, be admissible. In such situations the judge may call for a 'voir dire' (pronounced vwa dear) to listen to counsels' arguments. The jury will have to leave the courtroom during the voir dire. The judge will decide if the evidence is admissible and will then recall the jury.

After all the evidence, the Crown Attorney and the defence lawyer will each sum up his or her case for the jury. These closing statements (sometimes called summations) can help jurors understand the evidence and the issues. However, they are not part of the evidence.

What is the judge's charge to the jury?

After counsels' closing statements, the judge will instruct the jury. This is called the charge to the jury. The judge will usually summarize the evidence and outline the law, which applies to the case. Often, the judge will point out the facts of which the jury must feel convinced of before they can return with a verdict of guilty.

The standard of proof in a criminal trial is 'proof beyond a reasonable doubt'. This means that based on the evidence presented, the jury must have no reasonable doubt that the accused committed the offence the accused is charged with. The judge will explain this to you in detail.

How does a jury reach a verdict?

After the judge's charge to the jury, the jury will go to the jury room to decide upon a verdict. The jury is expected to:

• discuss all the evidence and assess its value and importance
• decide the facts of the case
• apply the law as instructed by the judge, and
• reach a verdict.

The jury will choose one juror to act as a spokesperson and to lead the proceedings in the jury room. This person is called the jury foreperson.

In most cases you will be going from memory, although some judges encourage jurors to take notes. A sheriff will be available to the jury in case they want to refresh their memory about a piece of evidence. The sheriff will take the jury's request to the judge. The judge will have the tape of the particular segment of the trial replayed to you in open court. The jury can also ask the sheriff to relay any questions to the judge. From the time the jury leaves the courtroom to the time it reaches its verdict, jury members must not speak with anyone other than each other and the sheriff.  Failure to observe these rules could result in a mistrial.

Do all the jury members have to agree on the verdict?

In a criminal trial the jury verdict must be unanimous, that is all 12 jurors must agree.  Jury members must decide for themselves, without direction from the judge, the lawyers, or anyone else, how they will proceed in the jury room to reach a verdict.

If the jury members cannot reach an agreement on the verdict within a reasonable period of time, the judge will declare a mistrial and discharge the jury.  It is up to the Crown to decide whether to apply for a new trial. A jury that cannot agree on a verdict is called a 'hung' jury.

If the jury reaches a unanimous decision, everyone will go back into the courtroom and the jury foreperson will announce the verdict. The court clerk may ask each member of the jury to confirm that they agree. The judge will thank the jury and discharge them. If the verdict is not guilty, the judge will acquit the accused.  If the verdict is guilty, the judge will sentence the accused either then or at a later date.

In Canada, the deliberations of the jury are conducted in secrecy and you must not talk about what went on in the jury room. If you do, you could be charged with a criminal offence.

How is a jury selected in a civil trial?

The civil jury is selected in much the same way as a jury for a criminal trial, except that the process is less formal and is completed more quickly.

A civil jury has seven members.  Their names are chosen at random from among the jury panel. Counsels for the plaintiff and defendant may each peremptorily challenge four jurors.  A peremptory challenge allows the lawyer to challenge a juror without any reason or explanation. If there are several plaintiffs and defendants with different interests, the judge may allow each group that has a common interest to peremptorily challenge four jurors.

What happens in a civil trial?

The process is similar to that of a criminal trial, but there are some differences:

• In a civil trial you must resolve a private dispute between two parties.
• In a civil trial there are seven jurors, not 12.
• The plaintiff must prove that the defendant is liable on a balance of probabilities, otherwise the plaintiff's case must be dismissed. This is a lower standard of proof than in a criminal trial. It means that if the jury believes there is greater than 50 percent chance that the defendant is liable, the jury will find him 100 percent liable.
• A civil jury may be asked to return a verdict in different ways. The jury may be asked to:
  • answer a question or simply to find in favour of one of the parties,  or
  • assess damages or decide the amount of compensation which is due to one of the parties.
• In a civil case, if the jury reaches a decision within the first four hours of deliberation it must be unanimous. If deliberations go beyond four hours, only a majority (five out of seven) verdict is necessary.

What is a peace bond?

A peace bond is a court order in which a person who has threatened or harmed you or your property, or who has attempted to threaten or harm you,  agrees to stop the threatening or harmful behaviour and to 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.

Does a peace bond stop a person from contacting me?

A peace bond may contain a condition that the defendant 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 comes into 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.

What does a peace bond do?

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.

What can I do in an emergency?

You can call 911. In some cases you can apply for an emergency protection order over the phone. For more information go the page on Emergency Protection Orders.

Does a peace bond give the defendant a criminal record?

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 may get a criminal record.

Do I have to lay criminal charges before I can get a peace bond?

No. 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 out conditions intended to protect you from the defendant.

You have to show the judge 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 can investigate criminal charges and may lay charges if you have been physically assaulted or threatened or had your property damaged.

If criminal charges are laid do I still need a peace bond?

Probably not. In most cases, the defendant is released until trial only if they promise to have no contact with you directly or indirectly. You should contact the Crown Attorney's office that is 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.

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 to ask for them to be included in the probation order.

If the defendant has been charged with assault and acquitted, can I still get a peace bond?

 Yes. If the defendant has been acquitted or had the charges dismissed, you can still apply for a peace bond. You will have to show the judge that you have a reasonable fear of the defendant.

Do I need a lawyer to get a peace bond?

You are not required by law to have a lawyer represent you at a peace bond hearing. However, it is a good idea to talk over the situation with a lawyer before you decide 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 will not provide lawyers for peace bond applications. However, if you qualify for Legal Aid and have other issues they are dealing with, you may be able to 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.

Where do I get a peace bond?

Only a judge can give you a peace bond. You must go to the Provincial Court or Summary Offence Court. If you have an existing legal proceeding in 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.

How do I apply for a peace bond?

 To start the process you or your lawyer file an paper called an "Information" with the Provincial Court. This will start the process. The Nova Scotia Department of Justice has online information on how to apply for a peace bond - go to www.courts.ns.ca, and click on 'HOW TO APPLY FOR A PEACE BOND" at the bottom of the Provincial Court page.

What conditions go into a peace bond?

 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 judge decides how long it will last.

Before issuing the peace bond, the judge must decide whether to include conditions that will 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 make sure the conditions are obeyed; and

Other conditions you think are required to ensure your safety. For example, the judge 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 or 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 be afraid to ask the judge for additional conditions.

Will I get a copy of the peace bond?

Yes. You should 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 as soon as the defendant signs the bond. If you do not feel safe waiting after court, you can pick up a copy at another time.

You should keep the peace bond in a safe place. It gives the police the proof they need to lay charges if the conditions are broken. 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.

What happens if the defendant breaks the peace bond

If the defendant breaks any of the conditions of the peace bond, 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 or 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 can be charged with breaking the conditions of the peace bond 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.

Will the police always lay charges if a peace bond is broken?

The police can lay charges if there is evidence of a breach of the conditions of the bond. In family violence cases, the Nova Scotia Department of Justice has guidelines that encourage police, Crown Attorneys working within the justice system to arrest, charge and prosecute 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

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.

What happens at a hearing for breaking a peace bond

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, you may lay private charges. If you do, you or your lawyer will have to present the evidence of the breach of the peace bond 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.

What happens if the defendant is found guilty of breaking the peace bond?

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 common 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 judge will consider the stalking as an aggravating factor (a factor that makes things worse) when sentencing the defendant.

What if I have a peace bond against my spouse and we get back together?

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

You or the defendant may go back to the court that issued the peace bond and ask to have the 'no contact' condition amended or deleted. The other conditions of the peace bond, 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, a judge 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 go back to court and ask for the 'no contact' clause to be reinstated.

Can my spouse still see the children if I have a peace bond against my spouse

 If you have a peace bond against your spouse, it should not affect their parenting time with the children, unless the peace bond forbids contact with them. If you have legal custody of the children and the defendant has legal parenting time to them (such as in a court order or written separation agreement), you should point this out to the judge at the peace bond hearing. The judge can take the parenting arrangements into account when setting the conditions for the bond.

The judge may still order the defendant to have no contact with you even if the defendant has a parenting arrangement in place to spend time with the children. The peace bond might provide 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 be sure that they will agree to help you.) The judge could order that the defendant contact you only by phone or email and only to arrange time with the children. The judge could also order that the defendant remain in their car when picking up or dropping off the children and that you send them out to the car either on their own or with someone. The judge could also order that the children be picked up or dropped off only in a certain public place. If the defendant has parenting time with your children but you do not feel safe having any contact with the defendant, you should explain this to the judge and tell why you feel this way.

If you already have a peace bond and you and your spouse are going to family court to decide on decision-making responsibilities and parenting time, 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.

Will a peace bond keep me safe?

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 judge may be enough to persuade the defendant to keep away from you. However, not all defendants respect the terms of a peace bond and you still need to be careful for your safety.

A peace bond may not always be the best solution to your problem. For example:

1. 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 who has a basic respect for the law.

2. 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. This is not much help if you are threatened with immediate physical violence. Then it may be best to contact the police to lay an assault charge against the defendant.

3. A defendant will not be charged for breach of a peace bond unless the police feel that there are reasonable grounds to believe the bond was broken. 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.

4. Even if the defendant serves a sentence for a breach of the peace bond, the defendant might continue the threatening or violent behaviour until you are forced to go through the whole process again.

5. Peace bonds are not permanent. They last for a maximum period of one year. If you want to get another peace bond after the first one ends, you must make a new application.

6. If you have been assaulted, a peace bond is not always the best way to deal with the situation. You can instead contact the police to lay an assault charge against the person who hurt you, your child or property.

7. 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.

There may be services in your community to help you develop a safety plan if you are threatened. A safety plan helps you to consider ways to protect yourself and your children. The police or Victim Services Division of the provincial Department of Justice can advise if such services are available in your community.

For more information

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.

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

• help lines - 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 the provision of information to victims on their particular case and on the criminal justice process; liaison with police, Crown Attorney, and other justice agencies as the case proceeds through the system; court preparation; and assistance with criminal injuries compensation and victim impact statements.

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 will provide potential and current applicants with information on the application process, assistance to complete the application forms and ongoing emotional support.  Contact HRP Victim Services at 902-490-5300 for more information about their Peace Bond Navigator program.

Qui peut déposer une plainte?

Quiconque, même les non citoyens, est préoccupé par le comportement d’un membre de la GRC en service peut porter plainte.

Comment déposer une plainte contre la GRC?

Les plaintes doivent être déposées à la Commission civile d’examen et de traitement des plaintes relatives à la GRC (la Commission) ou à un détachement de la GRC. La Commission est un organisme fédéral indépendant qui traite les plaintes contre la GRC. Elle ne fait pas partie de la GRC, et elle est neutre. La Commission travaille en français et en anglais. Elle offre également des services d’interprétation pour d’autres langues. Cliquez ici pour voir une brochure d'information.

Vous pouvez déposer une plainte par téléphone, par télécopieur, par courrier ou en ligne.

Par téléphone—en composant le numéro sans frais de la Commission : 1 800 665 6878, ou le numéro sans frais ATS : 1 866 432 5837. Les bureaux de la Commission sont ouverts du lundi au vendredi.

En ligne—sur le site Web de la Commission, en utilisant ce formulaire.

Par télécopieur ou par courrier—en utilisant le formulaire qu’on trouve sur le site Web de la Commission et en l’envoyant par télécopieur, au numéro 604 501 4095, ou par courrier, à l’adresse suivante :
Commission civile d’examen et de traitement des plaintes relatives à la GRC
Bureau national de réception des plaintes
C.P. 1722, succ. B
Ottawa (ON) K1P 0B3

Déposez votre plainte le plus tôt possible après l’incident, alors qu’il est encore frais dans votre mémoire et que la preuve est encore disponible. Selon la loi, la plainte doit être déposée dans l’année qui suit l’incident. La Commission peut prolonger ce délai dans certaines circonstances, s’il y a de bonnes raisons de le faire.

Dans la plupart des cas, la Commission envoie une plainte à la GRC pour que celle ci enquête. Dans certains cas, la Commission peut enquêter sur la plainte elle même. La GRC enquête sur votre plainte puis vous envoie un rapport écrit. Si vous êtes satisfait du rapport, c’est la fin du processus de plainte.

Qu’arrive-t-il si vous n’êtes pas satisfait du rapport de la GRC sur votre plainte?

Vous pouvez demander à la Commission d’examiner votre plainte dans les 60 jours suivant la réception du rapport de la GRC. La Commission peut prolonger ce délai s’il y a de bonnes raisons de le faire. La Commission examinera le rapport de la GRC. Pour ce faire, elle obtiendra de la GRC toute la documentation pertinente requise pour examiner la plainte.

Pour effectuer cet examen, le président de la Commission peut :

• examiner la plainte sans effectuer d’enquête;
• demander à la GRC d’enquêter de façon plus approfondie;
• faire sa propre enquête;
• tenir une audience publique.

Si la Commission est satisfaite du rapport de la GRC, elle vous envoie un rapport final accompagné de ses raisons. Elle envoie aussi son rapport au ministre de Sécurité publique Canada (le ministre), au commissaire de la GRC et à l’agent visé par votre plainte. C’est la fin du processus.

Si la Commission n’est pas satisfaite du rapport de la GRC, le président envoie un rapport provisoire au commissaire de la GRC et au ministre. Le commissaire de la GRC doit répondre à ce rapport en expliquant les mesures que la GRC prendra, s’il y a lieu. Le président envoie ensuite un rapport final à vous, au ministre, au commissaire de la GRC et à l’agent visé par votre plainte.

I’ve been given a notice to appear in court, do I need to talk to a lawyer?

Yes. If you don’t talk with a lawyer before you go to court, or you don’t have a date scheduled to meet with a lawyer, or you don’t go to court with a lawyer, you are missing an important opportunity to give the judge a favourable impression.

At your first court appearance you want the judge to be left with the opinion that you are taking the matter seriously and have done your part to properly prepare for court.

Do not leave it until the day of or a day or two before your court date to try to find a lawyer. Getting advice can help you prepare for going to court, help you understand what will happen, and help you make decisions about your case.

What happens if I don’t contact a lawyer?

If you go ahead without getting advice, you may make decisions or represent yourself in a way which harms your case or puts you at a disadvantage. If you decide you want to speak with a lawyer once you are in court, you will have to persuade the judge to adjourn (that is, delay) the hearing to a later date to allow you time to speak with a lawyer. The judge will want to know why you didn’t get legal advice ahead of time.

Can I get Legal Aid to help me?

There are two ways that Legal Aid may be able to help.

First, if you are charged with a criminal offence, you may qualify for representation by Legal Aid depending on the type of offence and your income. You should contact your local Legal Aid office as soon as possible to apply for help. You will find the number in the white or blue pages of the phone book under Nova Scotia Legal Aid or Legal Aid, or visit nslegalaid.ca for contact information for your local office or to apply for Legal Aid online.   If you have a date to see a Legal Aid lawyer, tell the judge when you go to court. The judge can then adjourn (that is, delay) the first hearing until after you have seen the lawyer.

Legal Aid provides Duty Counsel at the Provincial Court. Legal Aid Duty Counsel can help anyone who does not have a lawyer but who needs legal advice or help in dealing with a criminal offence. You can get help from Duty Counsel even if you don’t qualify for Legal Aid. They cannot help with provincial offences such as speeding and illegal possession of liquor.

Legal Aid Duty Counsel can:

• provide you with advice
• review the Crown prosecutor’s file (called 'disclosure')
• speak with the Crown prosecutor on your behalf
• provide you with advice on how to conduct a trial, how to address the judge, how to subpoena witnesses and how to give evidence in your own defence.

Duty Counsel can also enter a plea for you and speak to sentence if you plead guilty, assist you to elect (choose) in which court the trial will take place, help set dates for hearings, and may help you get a Legal Aid appointment. They are there to help with the first steps, not to represent you at your trial.

Duty Counsel are available at the Halifax and Dartmouth Provincial Courts Monday to Friday. You can ask at the front desk of the court for directions on where to find duty counsel. Duty Counsel for both the Dartmouth & Halifax Provincial Courts can be reached at 420-7800.  Ask at the court in other parts of the province.

What can I do if duty counsel are not available in my area and I don’t qualify for Legal Aid?

You should still try to speak with a lawyer before you go to court. You can contact a lawyer in private practice. They are listed in the yellow pages of the telephone directory - look for a lawyer who does criminal law.   Here is information about ways to find a lawyer in private practice. 

Do I need to talk with a lawyer if I plan to plead guilty?

It is wise to get legal advice, even if you plan to plead guilty. Before you plead guilty you should be sure that you understand the consequences. Do not plead guilty just because you "want to get it over with". Depending on the offence, conviction may result in a prison term. You may get a criminal record which can affect your employment opportunities and your ability to travel outside Canada.

Do I need legal advice if I plan to plead not guilty and to represent myself

Yes. A lawyer can provide advice on your situation, provide advice on how to conduct your trial, subpoena witnesses and give evidence in your own defence. Being charged with any criminal offence is a serious matter. If you get advice before you go to court, you will be better prepared, have a better understanding of your rights and the court process, and may avoid delays in the hearing of your case. For more general information about the Legal Aid program in Nova Scotia visit nslegalaid.ca.

What is a summary offence ticket?

A summary offence ticket is one issued by a peace officer under Nova Scotia laws, such as the Motor Vehicle Act or the Liquor Control Act, or under some federal laws, such as the Canada Wildlife Act or National Parks Act.  It is not a criminal charge.  Examples of a summary offence ticket include a ticket for:

• speeding;
• operating an off-highway vehicle without a permit;
• parking on the street during a snow storm;
• littering on a beach or in a provincial park; 
• constructing a building without a permit; 
• being intoxicated in a public place; or
• having open liquor in your car. 

What is a traffic ticket?

Generally there are two types of traffic tickets.   Provincial offences under the Nova Scotia Motor Vehicle Act generally apply to a moving vehicle. Examples include speeding, failing to obey traffic signs and improper passing. A parking infraction notice is either a provincial Motor Vehicle Act offence or a municipal by-law offence involving parking violations, such as parking at an expired meter, parking on private property and parking during a restricted time period.  

What is a liquor violation ticket?

A liquor violation is an offence under the Nova Scotia Liquor Control Act. These offences include supplying alcohol to minors, public intoxication and having open liquor in a car.

Do you have to give your name and address to the police officer writing the ticket?

Yes. If you are stopped for a traffic violation, you must give the officer your name and address, the name and address of the vehicle's owner, your driver's licence and the car registration. You should also show proof of insurance.  If the officer is writing a ticket for a liquor violation you should give him or her your name and address.

How do I dispute a ticket?

If you want to dispute the ticket you must go in person to the court listed on your ticket, or to any Provincial Court, and speak with court staff to file a form called a Notice of Intention to appear in court. You have to do this before the due date given on the front of your ticket. Once you have filed the Notice of Intention form, court staff will notify you of your trial date.  Go to www.nsjustice.com for more information.

On your trial date you must go to court and either present your own defence or have a lawyer represent you.  If you are defending yourself, take some time before your court date to decide what you are going to say and whether you have witnesses or other evidence to support your case. Think about what questions you want to ask witnesses. If you think that a witness might not turn up you should arrange with the court administration office to have them subpoenaed (ordered) to come to court.   Do this well before your court date.

If the Crown has witnesses you will be able to ask them questions. This is called cross-examination.

Read 'Going to Provincial Court', which gives more information about preparing for a trial in Provincial Court.

What if I need time to pay, or cannot pay the fine?

If you want to plead guilty to the offence, but make a submission to the court about the penalty (for example, ask for time to pay the fine), you must appear in court in front of a justice of the peace or judge. If you are convicted of the offence after a trial, you can make a submission to the justice of the peace or judge about the penalty when you are sentenced.

 For example, you may ask the justice of the peace or judge

• for extra time to pay the fine, or
• to reduce the fine.

Nova Scotia's Remission of Penalties Act allows a judge to 'forgive' part or all of a provincial fine if the offender can show that they cannot reasonably afford to pay the fine. For example, if you and your family would suffer serious financial hardship if you are required to pay the fine.

You may qualify for the Fine Option Program. The Fine Option Program involves doing volunteer work to pay off a fine.  The program is only available for certain types of offences.  It is not available for Motor Vehicle Act offences. For more information about the Fine Option Program :

• call (902) 424-8297 or 1 866 443-6995, or
• visit the Fine Option Program website at https://novascotia.ca/just/Corrections/_docs/FineOptionsProgram.pdf .

If you have unpaid motor vehicle fines you may be prevented from renewing your driver's licence and registration. Go to www.nsjustice.com for more information, or contact your nearest Provincial Court by calling the Provincial Court Contact Information Line at 1 877 445-4012.

 

How do I pay the fine?

For information about fine payment:

• visit the Nova Scotia Department of Justice Online Services website at www.nsjustice.com, or
• call the Nova Scotia Provincial Court Contact Information Line at 1-877-445-4012,
• go to any Provincial Court to make your payment. You will find Provincial Court contact information online at www.courts.ns.ca , or look under 'Courts' in the government blue pages of your telephone book.

What happens if I don't pay the fine by the due date on my ticket, or don't show up in court on the required date?

If you do not pay your fine by the due date on your ticket, or you do not show up in court on your court date, you may be convicted of the offence without a hearing.

A judge might also issue a warrant for your arrest.

Contact the court as soon as possible if you are unable to go to court on the required date.  Go to www.courts.ns.ca for Provincial Court locations, or look under 'Courts' in the government blue pages of the telephone book for court contact information. 

 

I was convicted because I did not pay the fine by the due date on my ticket, what can I do?

If you were convicted because you did not pay the fine in time, and you want to

• plead not guilty and have a trial, or
• plead guilty, and make a submission about the penalty,

You have 60 days from the date you were convicted to go to the court to speak with court staff and ask to have your conviction set aside (cancelled). You will then get a court date for your trial, or  to make a submission about the penalty. See the next question if it has been more than 60 days since you were convicted.

I was convicted because I did not show up in court on my trial date, what can I do?

If you were convicted because you did not show up in court on your trial date and you still want to have a trial, or plead guilty, but make a submission about the penalty, you must apply to court to appear in front of a justice of the peace or judge and show that you:

• have a defence to the offence you have been charged with
• have a reasonable excuse for not showing up on your trial date, and
• acted within a reasonable time

The same process applies if you were convicted because you did not pay your fine by the due date on your ticket, and it has been more than 60 days since the conviction.

Contact the Provincial Court for more information.

 

Is the ticket still valid if my name is wrong or other information is incorrect?

If information on the ticket is incorrect it doesn't mean that you can ignore the ticket. You will still have to go to court to plead not guilty.

A minor spelling or typographical error does not invalidate a ticket. However, if your name is seriously misspelled and this puts your identity into doubt, you may have grounds to challenge the ticket. Also, if the ticket contains incorrect information concerning the date and location of the offence, or does not adequately describe what you have been charged with, you may have grounds to challenge the ticket.

The information that the Crown Attorney presents to the court must be consistent with the information set out in the ticket. The prosecution may be allowed minor amendments to the information on the ticket. However, if the ticket is full of errors, it may not be accepted as reliable evidence.

Is the ticket still valid if the police officer doesn't sign it?

When an officer gives you a provincial summary offence ticket, other than a parking infraction ticket, the officer will print the officer's name on the portion that the officer gives you. Once the officer has given you your copy of the ticket, the officer will sign the affidavit of service at the bottom of the police and court copies.   The affidavit states that the officer personally delivered the ticket to you (the Defendant).  The court copy of the ticket will have the officer's signature, and will be used as proof of service (proof that the ticket was given to you) in court.  Your copy would not have the officer's signature on it.

When issuing a parking infraction ticket, the officer must certify how the ticket was served and the date of service. The officer can complete the ticket and sign it electronically.

Does the police officer have to give me a warning the first time?

No, the officer can give you a ticket if the officer has reasonable and probable grounds to believe that you committed the offence. The officer is not required to give you a warning.

If I get a ticket, do I have a criminal record?

You do not get a criminal record if you are convicted of an offence under a provincial or municipal law such as traffic or liquor offences, or parking violations. However, a record of convictions for summary ticket offences, such as traffic or liquor offences, may appear during a CPIC (Canadian Police Information Centre) or JEIN (Justice Enterprise Information Network) search. Although not a criminal record, this information can be used at sentencing if you are later convicted of other offences.

You only get a criminal record for conviction of offences under the Criminal Code of Canada and certain other federal laws such as the Controlled Drugs and Substances Act. This is what most people refer to as a Criminal Record - it is a record of convictions for criminal offences.

Where can I get more information?

• review 'Going to Provincial Court', which provides an overview of the court process.
• your local Provincial Court can provide information about issues such as court scheduling and fine payment.  Visit www.courts.ns.ca  for Provincial Court contact information, or look under 'Courts' in the government blue pages of the telephone book
• call the Nova Scotia Provincial Court Contact Information Line at 1 877 445-4012
• Visit the Nova Scotia Department of Justice Online Services at www.nsjustice.com
• Contact the Legal Information Society for more information.
  

If you need legal advice, contact a lawyer.