Discovering the Ins and Outs of Criminal Trials in Canada

1. Discovering the Ins and Outs of Criminal Trials in Canada From arrest to verdict, here is a synopsis of the Canadian criminal trial process. Discover the role of your criminal lawyer in a fair trial.

2. How Criminal Trials Work in Canada

3. For the accused, the Canadian criminal justice system may seem confusing and complex. While it is recommended that you consult a criminal defence lawyer, it is equally important to be knowledgeable about criminal trial proceedings. So, take a look at this brief overview of the criminal trial process to prepare for what is to come.

4. A Step-By-Step Approach to Criminal Case Proceedings in Canada Your court procedures will depend upon the nature of your offence and the seriousness of your charge. However, the trial process for most cases is somewhat similar and usually involves the same litigation process.

5. Arrest In Canada, criminal trials begin once an individual is arrested and charged with a crime. They are put behind bars and have to present substantial evidence, including reports and witness statements, in their defence.

6. In Canada, criminal trials begin once an individual is arrested and charged with a crime. They are put behind bars and have to present substantial evidence, including reports and witness statements, in their defence. After the arrest, the accused is either released with an appearance notice, a summons, or a promise to appear on recognizance or held in custody. Their document outlines three things: their crime; its severity and nature; and the place, date and time of their first court appearance.

7. Disclosure The Crown Counsel – known as the prosecutor – provides the accused with a copy of the evidence collected against them. This process is called disclosure. It consists of witness statements, police reports, statements made by the defendant (you), and your criminal record. Once received, these documents need to be studied thoroughly to decide if you agree with the charges. You are considered innocent until proven guilty.

8. First Court Appearance The Crown Counsel – known as the prosecutor – provides the accused with a copy of the evidence collected against them. This process is called disclosure. It consists of witness statements, police reports, statements made by the defendant (you), and your criminal record. Once received, these documents need to be studied thoroughly to decide if you agree with the charges. You are considered innocent until proven guilty.

9. During the first court appearance, the accused has a chance to state if they require more time to speak to their criminal defence lawyer or review evidence. In such instances, the court is adjourned and the case rescheduled. Upon pleading not guilty, the court sets a trial date for a Provincial Court or a preliminary inquiry for a Supreme Court. Upon pleading guilty, the accused needs to provide details about their background and circumstances under which the crime was committed.

10. Trial After the pretrial formalities are addressed, the trial begins. How long it lasts depends on the complexity and type of offence, whether the case is being heard before a jury or judge, and the number of witnesses. So, it can take anywhere from a couple of days to weeks or even months. The Crown Prosecutor summons their witness first and the defence lawyer can cross-examine them. As the prosecution is the first to begin, the Crown Counsel needs to prove to the jury or judge how the charges against you are true. Canadian court trials are open to the public and transcripts are generated which become part of the public record.

11. Defence This is the only chance for the defendant to protect themselves and cross-examine the witnesses presented by the prosecution. The best ways to do this are ●Your criminal lawyer may question the witness whether they were wearing glasses, inebriated, or if it was too bright or dark at the crime scene. The distance of the witness from the crime scene might also be looked at. ●If the prosecutor cannot provide evidence of the crime, your lawyer may speak to the judge to acquit you of the offence. ●If you have a written copy of the statement provided by a witness to the police and the story does not match in court, this can be pointed out to the jury. If any of the witnesses presented by the prosecution is a relative or friend of the victim, and is someone who does not approve of you, you may argue that they are lying to harm you.

12. Verdict After considering the submissions and evidence, the jury or judge gives a verdict. Harpreet Saini is pleased to offer a free consultation to those who have questions about their criminal charges. Contact Us to Discuss Your Case

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