For most people, the criminal justice system is entirely unfamiliar territory. If you or a loved one is facing a criminal charge in Ontario, understanding what actually happens — from first appearance to verdict — can reduce anxiety and help you make better decisions with your lawyer.
The Presumption of Innocence and Standard of Proof
Every person charged with a criminal offence is presumed innocent until proven guilty. This is not just a saying — it is a constitutional right under section 11(d) of the Charter. The Crown must prove every element of the offence beyond a reasonable doubt. This is the highest standard of proof in the legal system.
What is “reasonable doubt”?
Reasonable doubt is not absolute certainty — no such thing exists in law. But it is not mere suspicion either. If, after hearing all the evidence, the judge or jury is not sure the accused is guilty, they must acquit. The accused does not have to prove their innocence or explain anything.
Step 1 — First Appearance
Your first court date is typically an administrative appearance, not a trial. At first appearance you (or your lawyer on your behalf) will:
- Confirm you have retained a lawyer or intend to;
- Request disclosure — the Crown's evidence against you; and
- Set a date for a future appearance (often a set date or a judicial pre-trial).
You do not enter a plea at first appearance. Cases rarely resolve at first appearance — the process takes time.
Step 2 — Disclosure
The Crown is required to disclose all relevant evidence to the defence — including evidence that may help you, not just evidence that hurts you. This is a constitutional right under R. v. Stinchcombe [1991] 3 SCR 326. Disclosure typically includes:
- Police reports and officers' notes;
- Witness statements;
- Video surveillance, photographs, and forensic reports;
- Prior criminal record of the accused; and
- Any other material the Crown intends to rely on.
Your lawyer will review all disclosure carefully to identify weaknesses in the Crown's case and develop your defence strategy.
Step 3 — Election and Plea
For more serious (indictable) offences, you will be asked to elect your mode of trial:
Provincial Court (Judge Alone)
Heard by a single judge in the Ontario Court of Justice. Faster, simpler procedure. No preliminary inquiry.
Superior Court (Judge Alone)
Heard by a single judge in the Superior Court of Justice. May have a preliminary inquiry.
Superior Court (Judge & Jury)
Heard before a judge and a 12-person jury. The jury decides guilt; the judge rules on law.
The right election depends on the specific charge, the likely evidence, and strategic considerations that your lawyer will advise on.
Step 4 — Pre-Trial Applications
Before the trial itself, your lawyer may bring pre-trial applications including:
- Charter applications: To exclude evidence obtained in violation of your constitutional rights (s. 24(2));
- Third-party records applications: To access private records (medical, counselling, school) held by third parties;
- Severance applications: To separate your trial from a co-accused's; or
- Change of venue: To move the trial to a location where an impartial jury can be found.
Step 5 — The Trial
A criminal trial proceeds in a set sequence:
Crown Opens
The Crown outlines the case it intends to prove. This is not evidence.
Crown Evidence
The Crown calls its witnesses and presents its evidence. Your lawyer cross-examines each witness — often the most decisive part of the trial.
Defence Application for Non-Suit
After the Crown closes its case, your lawyer may argue that there is no case to answer — that the Crown has not led sufficient evidence to put the case to a trier of fact. If successful, the charge is dismissed without the defence calling any evidence.
Defence Election
If the trial continues, your lawyer decides whether to call evidence — including whether you will testify. You are never required to testify, and the judge or jury cannot draw a negative inference from your silence.
Defence Evidence
If the defence calls evidence, the Crown may cross-examine each defence witness.
Closing Addresses
Both sides summarize their case and the inferences they say should be drawn from the evidence.
Verdict
The judge (or jury) deliberates and returns a verdict of guilty or not guilty.
Step 6 — Sentencing (If Convicted)
If found guilty, a separate sentencing hearing takes place — sometimes immediately, sometimes weeks later. Both sides make submissions and the judge imposes a sentence guided by the principles in s. 718 of the Criminal Code: denunciation, deterrence, rehabilitation, protection of the public, and reparations to victims.
Your lawyer can argue for mitigating factors — a clean record, remorse, employment, family obligations — to seek the most lenient sentence possible.
Appeals
Both the defence and the Crown have the right to appeal. The defence may appeal a conviction on the grounds of errors of law, unreasonable verdict, or a miscarriage of justice. Either party may appeal a sentence as being unfit. Appeals are heard by the Ontario Court of Appeal and, ultimately, the Supreme Court of Canada.
Facing a criminal charge?
The earlier you retain a lawyer, the stronger your defence. Brass Law Office guides clients through every stage — from first appearance to verdict — in Ottawa and across Eastern Ontario.
This article is for general informational purposes only and does not constitute legal advice. Criminal law is fact-specific — contact a lawyer to discuss your situation.