If you have been charged with a crime, whether arrested or not, you will need to appear in court. You may have received an appearance notice, a promise to appear, a summons, recognizance, or a government document called Information. No matter which document you have, it will tell you:
You may be charged with an indictable offence, a summary conviction offence or a hybrid offence. Summary conviction offences are often less serious offences. If charged with a summary conviction offence, you will appear before a Provincial Court judge.
Indictable offences are more serious, like murder or rape. If charged with an indictable offence, you may be appearing in Provincial Court or in Supreme Court.
If the trial will be in Supreme Court, you can choose to be heard by a judge and jury or just a judge. You might also have a preliminary inquiry before the trial. A preliminary inquiry is a court hearing where a judge reviews the case to decide if there is enough evidence for a trial. If the judge decides there is not enough evidence, the case will be dismissed. Otherwise, a trial date will be set in Supreme Court.
Hybrid offences can be treated like a summary conviction or an indictable offence. If you are charged with a hybrid offence be sure to ask the Crown (government lawyer) how they will be proceeding by summary or indictable offence.
The prosecutors – called Crown Counsel – must give you a copy of all the evidence they have about the charges against you. This is called “disclosure”. Crown must disclose copies of police reports, witness statements, your criminal record, and statements you made. This may also include pictures, notes and names.
If you don’t get all the documents, send a letter to the Crown asking for them. Crown is required to disclose all evidence to you in a timely manner. You can also request a copy of the Crown’s sentencing position (what they will ask for if you plead guilty to the charges). If necessary, you can ask the judge at your arraignment to order the Crown to give you the documents.
Read all of the documents carefully. Decide if you agree with the charges or the evidence that will be used against you. Remember that you are innocent until PROVEN guilty. Do you have evidence to support your position? Write a detailed summary of the events that lead to the criminal charges against you – include information about time, date, witnesses, etc.
Talk to a Lawyer
It’s important to talk to a lawyer as soon as you have been charged with a crime. There are a range of options for you to be able to receive legal advice. A lawyer will explain the charges against you, will help you understand Crown’s evidence, will provide you with legal options according to your situation, will discuss sentencing possibilities if you are found guilty and will help you decide how you should proceed. Never plead guilty without talking to a lawyer first. Call legal aid immediately to find out if you qualify for a free lawyer: 1-866-577-2525.
You must go to court at the time and date the notice says. This will be your “first appearance” and it is typically in Provincial Court. You are being charged with each of the crimes listed – each one is called a “count”. If you don’t go to court when the document tells you to, the judge can order the police to arrest you and bring you to court. You can be charged with another offence if that happens, called failure to appear.
At your first appearance, you do not have to present evidence or prove your case. Crown Counsel must prove that there is enough evidence to move the case to a trial. If Crown is successful and the criminal charges involve indictable offences – like murder, manslaughter, aggravated assault, bank robbery, or major drug cases – the case will be heard in Supreme Court.
Start of a Trial
If you plead not guilty you will have a trial. At trial it is the Crown’s job to prove you are guilty beyond a reasonable doubt. The Crown will present evidence and can call witnesses. You will be given a chance to cross-examine (question) these witnesses if you so choose. Once the Crown has called all their witnesses you will be given the opportunity to call witness, testify and present evidence. You do not need to present your case or testify if you do not wish to do so.
Crown Counsel’s Job
Crown Counsel must convince the judge or jury that you committed each of the crimes that are charged against you. To do that, the prosecutor has to show that:
If the judge or jury have doubt about any of these, they can’t convict you of the crime. In criminal court, defendants must be proven guilty “beyond a reasonable doubt”.
Innocent Until Proven Guilty
If you are charged with a crime and go to trial, the law requires a judge or jury to consider you innocent unless the prosecutor proves that you are guilty beyond a reasonable doubt. You do not have to prove that you are innocent. Your task is to raise doubt for the judge or jury regarding the evidence presented against you and where possible, to provide evidence that you did not commit the crime.
Since the Crown goes first, your first chance to defend yourself is to cross-examine their witnesses. This type of questioning during a trial is called cross-examining. You can cross-examine Crown witnesses, and Crown can cross-examine any witnesses you call. You can use cross-examination to try to show the following:
Admissibility of Evidence
Sometimes a judge will not allow certain kinds of evidence to be used. There are a number of reasons that evidence may be inadmissible. For example: Hearsay—if someone said something to you that you want to use as evidence, you must have the person come to court to repeat it – you cannot just repeat it to the court yourself.
The judge may stop the trial to decide whether evidence can be used. If you think the evidence should not be used, you can tell the judge why not.
Submissions are the final arguments that both you and the Crown make to the court. After all the evidence is presented , you can now speak to the judge or jury to persuade them that you are not guilty. Your arguments must be based on the evidence or lack of evidence presented during your trial. New evidence is not allowed to be presented at this time. If you presented evidence for your case, you will make your Submissions first, and the Crown will go second..
The judge or jury decides if you are guilty after hearing all the evidence and the submissions. In most cases, it will take some time to decide the outcome of the case. When you hear the verdict, if you are not guilty (acquitted), you can leave. But if you are guilty (convicted), then you must wait for the judge to sentence you. Guilty parties are held in custody until sentencing is determined and pronounced in court.
IMPORTANT: This page provides legal information, not legal advice. If you need legal advice consult a lawyer.
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