Ontario Jury Duty Terminology Glossary
Decode courtroom jargon so you can focus on evidence, not unfamiliar words.
New jurors often hear centuries-old legal language that can feel intimidating. This glossary translates those terms into everyday English while keeping definitions specific to Ontario practice. Click any letter below to jump ahead, or start typing in the filter box to hide non-matching terms. The list is informational only—always follow the presiding judge’s instructions for authoritative guidance.
- Adjournment
- A temporary pause or rescheduling of court proceedings ordered by the judge. Adjournments may last minutes, hours, or days and can occur to accommodate witness availability, legal argument outside the jury’s presence, or unforeseen events such as illness. As a juror you must not discuss the case during an adjournment, even over lunch, because the trial is still underway.
- Arraignment
- The first formal appearance where an accused is read the charge and asked to enter a plea of guilty or not guilty. It confirms the court’s jurisdiction and sets the stage for jury selection. You might hear the clerk read, “On the charge of second-degree murder, how do you plead?” before the matter proceeds toward jury selection.
- Bailiff
- A court officer responsible for maintaining order, escorting jurors, guarding exhibits, and delivering messages between the jury and judge. Bailiffs in Ontario wear distinct crests and are your point of contact for logistical questions—never for deliberation content.
- Bench Warrant
- A warrant issued by a judge (“from the bench”) ordering police to arrest a person who failed to obey a court order, such as ignoring a jury summons. Jurors seldom see one, but it underscores the legal weight of courtroom directives.
- Burden of Proof
- The obligation on the prosecution (Crown) to prove every essential element of an offence beyond a reasonable doubt. Defence counsel carries no burden to prove innocence. Understanding who bears the burden prevents jurors from wrongly expecting the accused to testify or present evidence.
- Charge to the Jury
- A comprehensive set of legal instructions delivered by the judge at the end of evidence. It explains how to evaluate facts, apply the Criminal Code, and arrive at a verdict. Jurors must listen carefully; notes are allowed, and the written charge is often supplied for reference in the jury room.
- Circumstantial Evidence
- Indirect evidence that implies a fact through inference—such as fingerprints on a weapon—rather than direct observation. Ontario judges instruct that circumstantial evidence can be as persuasive as direct testimony, but only if no reasonable alternative inference exists.
- Contempt of Court
- An act that disrespects the authority or dignity of the court, like ignoring sequestration rules or refusing to answer as a witness. Jurors could face contempt charges for independent internet research about the case, highlighting the importance of following courtroom directions.
- Deliberations
- The private discussion phase where sworn jurors review evidence and attempt to reach a verdict. Phones are surrendered, and outside contact is restricted. For a deeper guide, see our jury deliberation process page.
- Direct Evidence
- Evidence based on personal observation—such as a witness stating “I saw the accused.” Direct and circumstantial evidence are weighed together; neither is automatically stronger in law.
- Empanelment
- The moment a full complement of jurors has been accepted and sworn. The clerk announces, “Members of the jury, please stand to be sworn,” marking the official start of the trial phase.
- Evidence-in-Chief
- A lawyer’s initial questioning of their own witness, focusing on open-ended prompts to elicit facts. Leading questions are generally prohibited at this stage unless allowed for background matters.
- Foreperson
- The juror elected or appointed to communicate with the court, sign any written questions, and announce the verdict. They have no extra vote but facilitate orderly discussion and timekeeping during deliberations.
- Grounds for Excusal
- Statutorily recognised reasons—such as serious illness or caregiver duties—that permit a prospective juror to be released from service. Visit valid reasons for jury excusal to learn documentation requirements and deadlines.
- Hung Jury
- A panel unable to reach the required unanimous verdict after reasonable deliberation. The judge may provide an “Allen charge” encouraging further effort, but if deadlock persists, a mistrial is declared and the Crown decides whether to retry the case.
- Indictment
- A formal document setting out the offences a person will face at trial in the Superior Court of Justice. It is read to potential jurors during selection so they know the case’s nature before answering eligibility questions.
- Information
- Similar to an indictment but used in Ontario Court of Justice proceedings. Cases can move from an Information to an indictment if elevated to Superior Court after a preliminary hearing.
- Jury Selection
- The process where potential jurors are questioned for bias or disqualification before being chosen. It includes random draws, challenges for cause, and possible eligibility review.
- Jury Summons
- An official court order requiring you to attend jury duty on a specified date. Ignoring it can lead to fines or a bench warrant. See our detailed summons guide for reply instructions.
- Keeper’s Oath
- A promise administered to a jury officer or bailiff who will safeguard the jurors during sequestration, ensuring no improper communication occurs. While rare, you might observe this oath if a jury must be sequestered overnight.
- Leading Question
- A question that suggests its own answer, such as “You saw the defendant at 9 p.m., correct?” Leading is generally allowed only in cross-examination or with hostile witnesses to prevent coaching.
- Mistrial
- A trial that a judge terminates before a verdict due to fundamental error, juror misconduct, hung jury, or prejudicial events. Evidence cannot be reused automatically; the Crown must decide whether to proceed again with a new jury panel.
- Notice to Attend
- A document compelling a witness to appear in court on a particular date. It differs from a subpoena in that failure to comply may not result in arrest but can attract penalties. Jurors might see one referenced during scheduling discussions.
- Objection
- A formal protest by counsel that a question or piece of evidence violates the rules of admissibility. When an objection is raised, the judge may excuse the jury to hear legal argument, safeguarding against prejudicial information.
- Peremptory Challenge
- A limited right once allowing counsel to dismiss a prospective juror without stating a reason. In Canada, most peremptory challenges were abolished in 2019. You may still hear the historic term used in older commentary, but in practice Ontario panels now rely on challenge for cause questions approved by the judge.
- Preliminary Hearing
- A pre-trial inquiry in Ontario Court of Justice where a judge decides whether enough evidence exists to commit the accused to stand trial in Superior Court. Jurors do not attend preliminaries but may hear references to them during voir dire.
- Quash
- To declare a legal document or proceeding void, often for jurisdictional error. For example, a judge can quash an indictment drafted with fatal defects, requiring the Crown to issue a corrected version.
- Reasonable Doubt
- The high standard of proof in criminal cases. It is not a fanciful or speculative doubt but one based on reason and common sense after careful consideration of all evidence. If jurors are sure of guilt to a moral certainty, they should convict; otherwise acquit.
- Sequestration
- Isolation of the jury from outside influences during deliberations—sometimes for the entire trial in sensational cases. Jurors stay in a hotel under strict supervision to avoid media exposure or outside discussion.
- Subpoena Duces Tecum
- A court order requiring a witness to bring specified documents or evidence to court. Latin for “you shall bring with you,” it ensures key records such as phone logs arrive with the witness who can authenticate them.
- Trial Judge’s Instructions
- Guidance provided throughout the trial—rulings on objections, cautionary notes, and final charge. Jurors must follow these instructions even if they conflict with personal understandings of the law.
- Unanimous Verdict
- A decision agreed to by all 12 jurors in a criminal trial. Civil juries in Ontario can decide by a five-of-six majority, but criminal juries must be unanimous to convict or acquit.
- Voir Dire
- A mini-trial held in the absence of the jury to determine admissibility of contested evidence—often confessions or expert testimony. Learn more in our upcoming voir dire explainer.
- Witness Box
- The designated seating area where witnesses testify under oath. Jurors should observe witness demeanour from their box but avoid facial reactions that could be perceived as bias.
- Yellow Exhibit Sticker
- A coloured label affixed to physical evidence admitted at trial. Each sticker bears an exhibit number referenced by counsel and the judge, ensuring the chain of custody is traceable.
- Zoom Testimony
- Remote witness testimony via video conference, increasingly used for out-of-province experts. Jurors view the feed on courtroom monitors; the evidence carries the same weight as in-person testimony.
Glossary FAQ
When lawyers raise an objection that requires legal argument about admissibility, the judge may send the jury out to prevent exposure to potentially inadmissible information. This protects your neutrality and preserves the fairness of the trial.
Canadian courts use a carefully crafted instruction: a doubt is reasonable if it is not imaginary or frivolous but based on reason and common sense after considering all evidence. It is a far higher threshold than “balance of probabilities,” but not absolute certainty.
Judges increasingly minimise Latin, but you may still hear “mens rea” (guilty mind) or “actus reus” (guilty act). The charge to the jury will translate them for you. If confused, request clarification through the foreperson.
Send a written note via the bailiff asking the judge to define the term. Courts prefer to clarify immediately rather than risk misunderstanding that could affect deliberations.
Yes. For example, “balance of probabilities” is the civil standard of proof, whereas criminal trials require proof beyond a reasonable doubt. This glossary focuses on criminal jury terminology used in Ontario Superior Court.
Language evolves slowly through appellate decisions and legislative amendments. Major shifts—such as abolishing most peremptory challenges—occur every few years. Our glossary is reviewed annually to stay current with prevailing practice.
Mastering courtroom language lets you focus on facts and contribute confidently to a fair verdict.
Next: See How Deliberations Work