The General Criminal Process

The criminal court process can be daunting. Hiring a lawyer to represent you throughout your criminal matter is the best way to ensure your interests are well protected at every stage of the proceedings.

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YOUR FIRST DAY IN COURT

Your first day in court is known as your “first appearance”. Your first appearance is not your trial or hearing. The purpose of your first appearance is to get the details of the allegations against you. The court will inform you of the charges against you. You can attend your first appearance on your own, or hire counsel to attend on your behalf. If you attend on your own, the court will likely ask whether you seek to retain counsel or not. If you have been charged with a criminal offence, it can be helpful to consult with a lawyer before or after your first appearance.

At your first appearance, you or your counsel, the Crown and the court will agree on a follow-up date to return to court. This is known as an adjournment. The purpose of an adjournment is to allow you to retain counsel, to obtain disclosure if not previously available and to complete some preliminary procedural steps such as scheduling a resolution meeting with the Crown.

charge screening form & disclosure

At your first appearance, or shortly after, the Crown will generally provide you or your counsel with a “charge screening form” and initial disclosure .

The charge screening form will lay out the offences you’ve been charged with and the potential form of resolution the Crown is looking for (diversion, term of imprisonment, fine, etc.). It may also identify the Crown assigned to your case as well as whether the Crown has elected to proceed by summary conviction or by indictment.

Disclosure refers to the evidence the Crown has against you. It includes witness or police statements, any relevant police notes, surveillance footage, photographs of the scene taken by police, 911 calls, forensic evidence and any other evidence the police gathered investigating your case. You are legally entitled to disclosure - this includes both evidence that may incriminate you or establish your innocence. The Crown is required to provide you with all available disclosure.

If disclosure is not available at your first appearance, you or your lawyer will have to communicate with the Crown’s office to obtain your initial disclosure package as well as any additional disclosure that becomes available as your matter progresses.

If you consult with or retain a lawyer, they will review your disclosure package. This will allow the lawyer to assess the strength of the Crown’s case, potential defences and resolution options available to you.

crown pre-trial (“CPT”)

After your lawyer has had a chance to review your disclosure, they will set up a resolution meeting with the Crown assigned to your case. This is known as a “CPT” or “Crown Pre-Trial Meeting”. These meetings usually take place over the phone. Your lawyer and the Crown will discuss whether the Crown intends to proceed with the charges or whether some form of resolution, other than trial, can be achieved. Whether the Crown is willing to resolve a matter is very case-specific and depends on a number of factors including the nature of the charges, whether you have a criminal history and how serious or complex the allegations are.

Sometimes, in more complex cases, the Crown and your lawyer will have multiple CPTs to negotiate and discuss potential resolution. If the Crown and your lawyer cannot reach an agreement, the matter will likely proceed to trial. They might have a CPT to discuss the main issues at trial, any potential witnesses they intend to call and any applications they intend to bring. They may also discuss the anticipated length of trial in order to obtain trial dates from the trial coordinator’s office.

judicial pre-trial (“JPT”)

In some cases, your lawyer and the Crown may want to have a resolution meeting in the presence of a judge. The judge essentially acts as a mediator and offers their opinion as to the proposed resolutions. This type of pre-trial meeting, known as a judicial pre-trial or “JPT”, sometimes allows the parties to reach a compromise when they reach an impasse. Following a JPT, the parties will see if they can reach a resolution or whether the matter will go to trial. It is important to note, however, that the judge’s opinion at a JPT is not binding on the parties - these discussions are considered “off the record”.

guilty plea or trial

Resolution will often include you pleading guilty to the offence as charged or to a lesser offence. In return, the Crown may withdraw other charges or agree to seek a lesser sentence. Whether or not to plead guilty is entirely your choice. It is important, however, to understand the full implications of pleading guilty. Your lawyer cannot decide whether you plead guilty or not, but they can inform you of all the relevant information and consequences. It is important to understand:

  • What charge(s) are you pleading guilty to?;

  • Is the Crown electing to proceed summarily or by indictment?;

  • What sentence is the Crown seeking? (I.e. a term of imprisonment versus a discharge);

  • What are the potential applicable immigration and/or travel consequences?;

  • You are admitting the essential facts that form the basis of the charge(s);

  • You are giving up your right to trial; and

  • A finding of guilt may be used against you in family or civil proceedings arising out of the same criminal law matter.

If you decide to plea guilty, your lawyer and the Crown will schedule a date with the court for your plea to be heard. After your plea, you will be sentenced. If your plea is part of a resolution agreement with the Crown, your lawyer and the Crown will often ask for the same sentence. This is known as a “joint submission”. In some cases, the Crown and the lawyer cannot agree on what the appropriate sentence is. In those cases, they will each make submissions to the sentencing judge. Ultimately, the judge decides what the appropriate and just sentence is for the specific facts and case at hand.

trial

If you do not wish to plead guilty, the matter will proceed to trial. Your lawyer and the Crown will schedule trial dates with the trial coordinator’s officer. The length of trial depends on the number of witnesses, the number of charges, the complexity of the case and any potential applications either party intends to bring. In deciding to take your matter to trial, it is important to understand the financial cost of trial and the potential consequences if you lose at trial. In deciding whether to proceed to trial or not, your lawyer may inform you as to the strength of the Crown’s case, the strength of the evidence against you and the strength of the defence evidence available.

Disclaimer: Please note that this article is not legal advice. It is simply intended to be a simplified explanations of the criminal process in Ontario. There may be differences, however, in different jurisdictions or courthouses within Ontario based on their own rules, regulation or common practices. If you’ve been charged with a criminal offence or are anticipating potential charges, don’t hesitate to reach out to a lawyer for a consultation to discuss the particulars or details of your case.