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 his or her 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 his or her 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 access to 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 court to decide on custody or access, you should tell your lawyer or the judge about the peace bond.

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.

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.

The information on this page only deals with Provincial Court. If you are charged with a very serious criminal offence, your trial may be in Supreme Court. If you have to go to Supreme Court, it is even more important that you have a lawyer.

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.

Click here for more information about sentencing.

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. 
 
Click here for more information to help you prepare for sentencing.

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 convction 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.

You may qualify for Nova Scotia Legal Aid

Contact your local Nova Scotia Legal Aid office for information about Legal Aid's services: nslegalaid.ca/legal-aid-offices/, and ways to apply for Nova Scotia Legal Aid: http://www.nslegalaid.ca/apply.php .  You can also apply for Legal Aid online: nslegalaid.ca/onlineapplication.php. Check your local directory for the addresses and telephone numbers of legal aid offices across Nova Scotia, listed under 'Legal Aid' in the white pages and government section of the telephone book, or visit Nova Scotia Legal Aid's website at: www.nslegalaid.ca

Free brief legal advice for family law issues

You can make an appointment with a Nova Scotia Legal Aid Summary Advice Lawyer.  You do not have to qualify for Nova Scotia Legal Aid to use this service.  Go to nsfamilylaw.ca/legal-advice-information , (under question 21), for contact information.

More about the Summary Advice Counsel at Family Courts
This service is available throughout Nova Scotia. Your case or issue must be somehow related to the court where the Summary Advice lawyer is located. For example, if you are making an application to the court in Halifax, you should book an appointment with Summary Advice lawyer in Halifax.

The Summary Advice Counsel is a lawyer who assists people who need legal advice on a family law matter, but who do not have a lawyer. The Summary Advice lawyer provides basic legal advice, free of charge, regardless of how much you make or where you get your income.

The purpose of the Summary Advice Counsel service is to give people a better understanding of their legal rights and responsibilities. The Summary Advice lawyer can give basic information about legal terms, how to start or respond to a court application, court processes, legal documents, and other aspects of family law.

The Summary Advice lawyer can give advice on parenting arrangements, child support and spousal support, property division, divorce, and most other family law matters and court processes.

The Summary Advice lawyer does not provide advice to parents involved in child protection matters, or for matters involving Mi’kmaw Family Services. The Summary Advice lawyer may provide advice to a non-party to a child protection matter. For example, if you are not directly involved with a child protection proceeding and are applying for decision-making responsibility for, or contact with, the children involved.

The Summary Advice lawyer does not go to court with you. For more information about this service, click here.

You can contact your local Summary Advice lawyer to book an appointment by calling the appropriate number below:

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

Lower cost options

Your lawyer may accept alternate billing arrangements, or may be willing to just work on part of your case.

If you have no extra money, but you and your spouse own property, such as a home, investments, or RRSPs, some lawyers may agree to be paid at the end of your case, when you receive your share of the family property. 

Also, some lawyers may consider helping you with just part of your legal issue - for example, preparing an affidavit or cross-examining a witness in court.  Helping with just part of a case is sometimes called providing 'unbundled'  or "Limited Scope Retainer" legal services.  Go here for more information about how lawyers charge for their work.

You can represent yourself

If you decide to or must represent yourself, you should still ask a lawyer to review court forms before you file them with the court, if possible.  You should always get independent legal advice from your own lawyer before you sign a written agreement or enter into a consent court order.

Preparing for Small Claims Court app

https://www.legalinfo.org/smallclaims

Full Length Videos about Representing Yourself in Small Claims

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

Small Claims Court Representing Yourself Videos – a comprehensive guide

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

1. Intro and Disclaimer

2. Introduction to Advocacy

3. The Theory of the case

4. Being persuasive

5. Settlement

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

7. Procedure: Judgment and Costs

8. Procedure: Pleadings and Adjudication

9. Procedure: Conclusion

10. Evidence: Show your story

11. Evidence: Types of Evidence, and Introducing Evidence

12. Evidence: Admissibility, Privilege and Hearsay

13. The Hearing: The Room and Witnesses

14. The Hearing: Questioning Witnesses

15. The Hearing: Objections

16. The Hearing: Types of Questions and Objections

17. The Hearing: Argument

18. Nuts and Bolts

19. Conclusion

7 important things to do when presenting a case in Small Claims Court

From a Small Claims Adjudicator's Desk...

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

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

1. Tell a story

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

2. Cases are presented with evidence

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

3. What is cross-examination?

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

4. Documents must be proved

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

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

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

5. Experts

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

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

6. Beware the internet

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

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

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

Step 1: Fill out the Information Sheet

Fill out the Information Sheet. Click here for an interactive pdf version that you can fill out online and print.
Take the Information Sheet with you to the interview.

If there are other important names and addresses that the lawyer should be aware of, put them in too. If your problem has a file or case number, include that as well.

If possible, print or type your Information Sheet.

Step 2: Prepare your Documents List

Take all letters and documents about your legal problem with you to the interview. If you are in doubt about an item, take it anyway. Next, put the documents in order according to their dates.

Click here for a Document List that you can use to list the documents, including letters you have. For example, include documents:

• you prepared
• you got from the court
• you have been served.

If you have little Post-It notes, put the number of the document on a Post-It note. Attach the Post-It note to each document so that it corresponds to the Document List.

Step 3: Prepare your written statement

Write out your story in point form and in the order of dates and times they happened. This is your written statement. Put in all the facts that you consider important. Be specific about dates and who said what. When you write out your story, it should not be more than two pages. This will force you to focus on the important points.

Take the written statement with you to the interview. It will help refresh your memory when you are talking to the lawyer.

Tell the lawyer if you have difficulty reading or writing.

If you have questions you want to ask the lawyer, write them out and take them with you. Put them in order of importance to you. It’s easy to forget the questions if you don’t write them down. The lawyer will want to know all the details.

The lawyer will want to know:

• Exact dates, if possible.
• Who said what to whom – the exact words, not a summary.
• Who was there during conversations and how long the conversations lasted.

Important: The lawyer needs to know all the details, good and bad, about your case. If you are completely frank, the lawyer will be in the best position to handle your problem and advise you on it.  Your lawyer is not there to judge you, and can't give you good advice without knowing all the facts.

Step 4: Going to the interview

There are four “S’s” to a successful interview with a lawyer:

• slow,
• straightforward,
• specific, and
• systematic.

1. Slow

People tend to talk too fast in a lawyer interview. This is natural. Many of us are nervous when we have to see a lawyer. We want to tell all.

Think about it this way: hearing your story is like eating dinner.

If the lawyer is eating too fast, he or she won’t be able to digest it properly.

If you tell your story slowly, this gives the lawyer time to digest and understand your story. If you talk slowly, you give the lawyer time to ask questions.

You will avoid missing important facts.

The better prepared you are for the interview, the better advice the lawyer can give you.

2. Straightforward

All of us want to be seen in a good light. When we talk to other people, we usually try to emphasize the favourable things about ourselves. There is nothing wrong with this. It helps us all get along. However, when you’re talking to a lawyer, things are different.

You need to give the lawyer both the good information and the bad information. If you did something wrong, admit it to the lawyer. It will most likely be brought to his/her attention later anyway, by the opposing party.

The lawyer needs to know the good and the bad information at the beginning. That will help the lawyer to give you good advice and save time and possibly money in the long run. Unless the lawyer knows everything, he or she cannot give you good advice.

Here’s a situation that illustrates the point. It’s about a man who was fired for being late for work. He does not want to answer the lawyer’s question.

Q. Were you late for work on March 13, 2015?

A. Late! You should talk to Margo Smith. She is never on time. She gets away with murder.

Q. But on March 13, 2015, were you late?

A. Is it my fault there was a car accident on the Port Mann Bridge? These things happen!

Q. On Mar 13, 2015, were you on time for work? (FIRM VOICE)

A. Don’t you listen? I’ve explained that! (LOUD VOICE)

The lawyer asked the man, “Were you late for work?” But the man did not answer the question. Instead, he gave his excuses for being late. This uses up time at the interview.

A good exchange goes like this:

Q. Were you late for work on March 13, 2015?

A. Yes!

Q. What was the reason?

A. There was a car accident on the Port Mann Bridge. I was stuck in traffic for thirty minutes.

Q. Were you ever late before?

A. No.

Q. Were other people ever fired for lateness?

A. No. Marge Smith was late all the time and she wasn’t fired!

This exchange goes to the heart of the problem.

Always be straightforward. Answer the questions directly. Many of the questions the lawyer will ask require simple answers.

The simple, straightforward answer is best.

3. Specific

We all tend to talk in generalities. For example:

• This person is good.
• That movie is terrific!

Generalities are not useful when you are dealing with the law.

Law requires specific information. If you are asked a question such as: “On what date did this happen?” it is best to give the exact date, e.g., March 15, 2015.

If you can’t be specific, be as specific as possible. “It happened the week of March 12, 2015.” Do not summarize conversations. Instead, tell the lawyer, “Mr. Jones said…and then I said…” Repeat the exact words that were said. The more straightforward you are in the interview, the better advice the lawyer can give you.

4. Systematic

When you are telling your story to the lawyer, tell it in chronological order. You cannot tell everything at once. Here is an example of what can go wrong.

A woman is describing to her lawyer how she got fired from her job.

Q. Did Mr. Jones, your boss, call you in his office?

A. Yes.

Q. What did he say?

A. He said Mrs. Smith, please sit down. I sat down. Then he said, “This is difficult, but I’m going to let you go, because of the Atlantic mix-up. Well, I can tell you, I can swear on my mother’s grave, I had nothing to do with the Atlantic mix-up.”

The information in bold type breaks the flow of the story because Mrs. Smith has begun to talk about something new, “the Atlantic mix-up.”

The flow of the story is important. The explanation of “the Atlantic mix-up” can wait until later in the interview. It may also be important, but if the woman gives it here, it is confusing.

• Keep your story in chronological order. Do not skip about from one time period to another.
• If you have papers and documents, get them in order before you go to see the lawyer. It is a waste of your time to spend several minutes looking for one letter in a pile of letters.

Quick Summary

Remember

Fill out the Information Sheet and take it with you.

Fill out the Document List and take it with you.

• Write out your story before you go to the lawyer.
• If you have questions to ask the lawyer, write them down before you go. That way, you won’t forget them.
• When you meet with the lawyer, remember to be slow, straightforward, specific and systematic.