Charged With a Criminal Offence? Understanding the Criminal Court Process in Ontario

Being charged with a criminal offence can be a scary and confusing process. For many people, it is their first interaction with the police, the criminal courts, or the justice system as a whole. Questions such as What happens next?, Am I going to jail?, Will I have a criminal record?, and Can the charge be withdrawn? are often at the forefront of a person’s mind.

One of the most important things to understand is that being charged does not mean you have been found guilty. Every accused person is presumed innocent unless and until the Crown proves the charge beyond a reasonable doubt in court.

While every case is unique, understanding the general criminal court process can help reduce uncertainty and allow you to make informed decisions about your matter.

Common Questions After Being Charged

If you have recently been charged, you may be asking yourself:

• Am I going to jail?

• Will I end up with a criminal record?

• Can the charge be withdrawn?

• What happens at my first court appearance?

• Should I speak with the police?

• Do I need legal representation?

The answer depends on the nature of the charge, the available evidence, your personal circumstances, and how the matter progresses through the court system. However, understanding the process is often the first step toward protecting your rights and making informed decisions.

1. The Charge and the Information

Generally, when police believe that an offence has been committed, a charge may be laid. The formal court document that forms the basis of the charge is called an Information.

The Information sets out the offence or offences alleged against the accused person and serves as the legal foundation of the prosecution. It is important to understand that the Information is not the same thing as the evidence. It does not necessarily contain every fact, witness statement, photograph, video, or other piece of evidence that may later be relied upon by the Crown.

Rather, it is the document that formally initiates the criminal proceeding.

2. Release, Undertakings, and Bail

Once a charge has been laid, police must determine whether the accused person should be released or held for a bail hearing.

This is often one of the most stressful stages of the process. The immediate concern for many people is whether they will be released, what conditions they may be required to follow, and when they will need to appear in court.

Police and courts must consider what is commonly referred to as the ladder principle, reflected in section 493.1 of the Criminal Code. In simple terms, the law requires consideration of release at the earliest reasonable opportunity and on the least restrictive conditions appropriate in the circumstances.

If the accused person is released directly by police, they may receive an undertaking or another form of release document requiring them to attend court and comply with certain conditions.

Conditions can vary depending on the circumstances of the case and may include requirements such as reporting to a police station, avoiding contact with certain individuals, remaining within a specific jurisdiction, or refraining from possessing weapons.

It is extremely important to follow all release conditions carefully. Breaching release conditions can result in additional criminal charges and may complicate the defence of the original matter.

If police decide not to release the accused person, the matter will generally proceed to a bail hearing.

3. Bail Hearings (Judicial Interim Release)

A bail hearing, also known as a show cause hearing or judicial interim release hearing, occurs when an accused person remains in custody after arrest.

Generally speaking, the accused person must be brought before a justice within a reasonable time, usually within 24 hours or as soon as practicable thereafter.

At the hearing, the court must determine whether the accused person should be released while the criminal charge continues through the court system.

In many cases, the Crown bears the burden of showing why detention is necessary. However, certain offences and circumstances create what is known as a reverse onus, meaning the accused person must demonstrate why release is appropriate.

Section 515 of the Criminal Code governs this process. The court may consider factors such as public safety, the likelihood of the accused attending future court appearances, and maintaining confidence in the administration of justice.

For many accused persons and their families, this stage can feel overwhelming. However, it is important to remember that a bail hearing is not a trial and does not determine guilt or innocence. Its purpose is simply to determine whether the accused should remain in custody or be released while the matter proceeds.

4. First Appearance and Disclosure

Once released, or following a bail hearing, the accused person will attend their first appearance before the criminal court.

For many people, this is their first experience inside a courtroom. Despite what is often portrayed in television and movies, the first appearance is generally not a trial. Witnesses are not usually called, evidence is not typically presented, and the court is not deciding guilt or innocence.

Instead, the appearance is largely administrative in nature. The court will generally confirm the accused person’s identity, review the status of disclosure, determine whether legal representation has been retained, and decide what the next step in the proceeding should be.

One of the most important rights available to an accused person at this stage is the right to receive disclosure.

Disclosure refers to the materials in the possession or control of the Crown relating to the prosecution of the charge. This may include police reports, witness statements, photographs, videos, recordings, expert reports, and other relevant evidence.

This obligation stems from the Supreme Court of Canada’s decision in R. v. Stinchcombe and is commonly referred to as the Crown’s Stinchcombe obligation.

Disclosure is critical because it allows the accused person or their representative to understand the evidence, evaluate the strength of the Crown’s case, identify legal issues, and determine whether resolution or trial may be appropriate.

Importantly, disclosure is an ongoing obligation. If additional information becomes available, the Crown may be required to provide further disclosure as the case progresses.

Duty Counsel may also be available at the courthouse to provide basic legal assistance and guidance to self-represented accused persons.

5. Case Management and Resolution Discussions

After the first appearance, most criminal matters enter what is commonly referred to as the case management stage.

During this phase, the court monitors the progress of the matter, addresses outstanding disclosure issues, confirms whether legal representation has been retained, and assists in moving the case toward either resolution or trial.

There may be several appearances during this stage depending on the complexity of the matter.

Resolution discussions often occur during what is known as a Crown Pre-Trial (CPT). A Crown Pre-Trial is an opportunity for the accused person or their representative to discuss the case with the Crown, review positions, explore possible resolutions, address disclosure concerns, and better understand the consequences of proceeding to trial.

Not every matter proceeds to trial. Depending on the evidence, the circumstances of the accused person, public interest considerations, and discussions between the parties, some matters may be withdrawn, resolved through diversion programs, resolved by way of plea, or otherwise concluded without a trial.

If a matter cannot be resolved through discussions with the Crown, a Judicial Pre-Trial (JPT) may be scheduled.

A Judicial Pre-Trial involves a judge or justice, the Crown, and the accused person or their representative discussing the issues in dispute, trial readiness, possible resolution, and the steps required before a trial can proceed.

These discussions are often important because they help identify the true issues in dispute and ensure that court time is used efficiently.

6. Trial

If the matter is not resolved during the earlier stages, it may proceed to trial.

A criminal trial is the formal process through which the Crown attempts to prove the charge beyond a reasonable doubt.

The accused person is presumed innocent throughout the proceeding. The burden remains on the Crown to prove every essential element of the offence. The accused person is not required to prove their innocence.

At trial, the Crown may call witnesses, introduce documents, tender physical evidence, present recordings, and make legal submissions. The accused person or their representative has the opportunity to challenge that evidence through cross-examination, raise legal arguments, object where appropriate, and present a defence if necessary.

Each criminal offence contains specific legal elements that must be proven before a finding of guilt can be entered. If the Crown fails to prove any essential element beyond a reasonable doubt, the accused person must be found not guilty.

Ultimately, the judge determines whether the Crown has met its burden and renders a decision.

Trials can range from relatively straightforward proceedings lasting a few hours to complex matters spanning multiple days or weeks. What has been discussed here is only a general overview of a much broader process.

Final Thoughts

Being charged with a criminal offence can be extremely stressful, particularly for someone who has never been involved with the criminal justice system before.

The decisions made during the early stages of a criminal proceeding can have significant and lasting consequences. Understanding your release conditions, obtaining and reviewing disclosure, evaluating the strength of the Crown’s case, and understanding the available options are all important steps in protecting your interests.

Every case is different. The facts, the evidence, the background of the accused person, and the Crown’s position can all affect the outcome.

If you or a loved one has been charged with a summary criminal offence that falls within the permitted scope of a licensed paralegal, contact Sethi Legal Services to discuss your matter and better understand your options moving forward.

This article is intended for general informational purposes only and does not constitute legal advice. Not all criminal matters fall within the scope of services that may be provided by a licensed paralegal. Individuals charged with indictable offences or offences outside a paralegal’s permitted scope should seek advice from a lawyer.