Process

Crimes in Canada are classified into two main categories: “indictable” offences, which are more serious, and summary conviction offences, which are considered less severe. Additionally, some crimes are defined in provincial court as “hybrid,” allowing the Crown to decide the classification when formal charges are laid.

Summary conviction offences are typically adjudicated in lower courts before a judge, magistrate, or justice of the peace. 

ARREST  —  RELEASE  —  DOCKET COURT  —  TRIAL  —  SENTENCE

Arrest

• An offence occurs. Police investigate. Someone gets arrested and charged.
• The person accused of the offence is referred to as “the accused.”
• Arrests can be made based on a warrant issued by a judge or when a police officer has witnessed a crime. The arresting officer must inform the suspect of their rights, the reason for the arrest, and the specific charges against them

RELEASE – BAIL HEARING/JUDICIAL INTERIM RELEASE

• In Canada, even those accused of the most serious offences are entitled to reasonable Bail.
• The accused is either released or detained (not released).
• The accused can be released by the Police, by a Justice of the Peace, or by a Judge.
• The police may take you before a Justice of the Peace or Justice for a judicial interim release or “bail” hearing.
• At this hearing, the Justice will decide if you should be released or held in custody until your trial. In most cases, you can only be held in custody if the Crown shows that this is necessary for one of three reasons:
  • Primary Grounds -To make sure you show up for your court appearances.
  • Secondary Grounds (likelihood to re-offend): For the public’s protection and safety.
  • Tertiary Grounds – To maintain public confidence in the administration of justice
• If the Justice decides that you should be released, there may be conditions set for your release.

DOCKET COURT / CMO (CASE MANAGEMENT OFFICE)

• Before your first appearance. If you are going to hire a lawyer, do so immediately. They can make sure you are ready if you hire them well before the court.
• Whether the accused was released or detained, the matter will be scheduled for an appearance in docket court.
• At this stage of the proceedings, the court simply wants to record a plea: Guilty or Not Guilty.
• If the plea is “Not Guilty,”, then the matter will be scheduled for trial at a later date. The Defence Lawyer and Crown may negotiate on the sentence and present a joint submission or proceed to contested sentencing.
• If the plea is “Guilty,” (accept responsibility for all the essential elements of the offence) then the matter will be scheduled for a sentencing hearing at a later date
• If you are not prepared to enter a plea yet, then your matter will be adjourned to a later date.
• Essentially, docket court is merely for procedural and administrative purposes.
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TRIAL

• It’s not up to people accused of a crime to prove their innocence. The Crown Prosecutor has to prove beyond a reasonable doubt you are guilty.
• It is also the time for you to question the evidence against you, to cross-examine the witnesses, and to testify if you wish and present your defense.

Trial Procedure:

• The Crown must present evidence to support elements of the charge.
• The Crown calls a witness to present their evidence: “Examination-In-Chief”
• The Offender may question the Crown witness about their evidence: “Cross-Examination.”
• The Crown may ask further questions to their witness: “Re-Direct.”
• Crown concludes their Case
• Accused/Defence present their Case. You may choose to call evidence and/or choose to testify.
• Crown may “Cross-Examine” Accused or Accused witness if you call witnesses or Offender testifies.
• The lawyers then present arguments to the Court as to why you should or should not be found guilty.

The Judge will then decide whether the Accused is “Guilty” or “Not Guilty” of each charge.

• If found “Not Guilty”, the matter is concluded, charges are dismissed, and release conditions no longer apply.
• If found “Guilty”, the judge must decide on the sentence (punishment) for the crime.