What to Expect in Court: A Guide to the Ontario
Criminal Court and Trial Process

Introduction

Facing criminal charges can be overwhelming, especially if you are unfamiliar with Ontario’s court process. Whether you are charged with sexual assault, domestic violence, or another offence, understanding what to expect in court is crucial to navigating the system effectively.

This guide provides a detailed breakdown of the criminal court process in Ontario, from the initial arrest to the sentencing stage. At Guruveer Sangha Law, we are committed to guiding clients through every step of their case, ensuring they are prepared and confident.

The Criminal Court System in Ontario

Ontario’s criminal court system is made up of two primary courts:

1. Ontario Court of Justice: Handles most criminal cases, including bail hearings, preliminary inquiries, and trials for summary conviction offences.
2. Superior Court of Justice: Handles more serious indictable offences and jury trials.

Depending on the nature and severity of your charges, your case may be heard in one of these courts.

Steps Before Trial

1. Arrest and Release
If you are accused of a criminal offence, the process begins with an arrest or a summons to appear in court. Police may:

• Release you with a promise to appear (for minor offences).
• Detain you in custody until a bail hearing.

2. Bail Hearing
If you are held in custody, you will appear before a judge or justice of the peace for a bail hearing under Section 515 of the Criminal Code.

• The Crown will present reasons why you should remain in custody (e.g., flight risk or risk to public safety).
• Your lawyer will argue for your release, often proposing bail conditions like curfews, no-contact orders, or supervision.

The judge will decide whether to release you and under what conditions. For a detailed guide on bail hearings and conditions, visit our upcoming Bail Hearings Page.

3. First Appearance
Your first court appearance will take place in the Ontario Court of Justice. At this stage:

• The charges will be read against you.
• You will not be required to enter a plea.
• You should receive disclosure, which includes the evidence the Crown has against you.

This appearance is typically brief and procedural.

4. Disclosure of Evidence
Disclosure is the Crown’s obligation to provide all evidence in their possession, as outlined under Section 603 of the Criminal Code, including:

• Police reports
• Witness statements
• Forensic evidence
• Videos or photographs

Your lawyer will review this evidence to assess the strength of the Crown’s case.

5. Crown Pre-Trial and Judicial Pre-Trial

• Crown Pre-Trial: A meeting between your lawyer and the Crown attorney to discuss the case. The goal is to determine if a resolution (plea bargain) can be reached.
• Judicial Pre-Trial: A judge mediates discussions to clarify trial issues and explore resolutions.

Pre-trials streamline the process and ensure only contested issues proceed to trial.

The Trial Process in Ontario

Choosing the Mode of Trial

For indictable offences, you may have options regarding the mode of trial:

1. Trial by Judge in the Ontario Court of Justice.
2. Trial by Judge Alone in the Superior Court of Justice.
3. Trial by Judge and Jury in the Superior Court of Justice.

Your lawyer will help you decide the best mode of trial based on the circumstances of your case.

Arraignment and Plea

The arraignment marks the formal start of the trial. You will:

1. Be asked to confirm your identity.
2. Have the charges read aloud.
3. Enter a plea of guilty or not guilty.

If you plead guilty, the case proceeds to sentencing. If you plead not guilty, the trial begins.

Preliminary Inquiry (Indictable Offences)

For serious indictable offences, a preliminary inquiry under Section 536 may be held to determine if there is sufficient evidence for a trial.

• The Crown presents evidence.
• Your lawyer can cross-examine witnesses.
• If the judge finds insufficient evidence, the charges may be dismissed.

The Trial: Key Stages

1. Opening Statements: The Crown presents an outline of their case.
2. Crown’s Evidence: Witnesses testify, and evidence is presented. Your lawyer will cross-examine each witness to challenge credibility and reliability.
3. Defence Evidence: Your lawyer may call witnesses or present evidence to support your case. The accused may testify but is not required to do so.
4. Closing Arguments: Both the Crown and Defence summarize their cases.
5. Verdict: The judge (or jury) determines if the Crown has proven its case beyond a reasonable doubt.

If you are found not guilty, the case concludes. If you are found guilty, the sentencing phase begins.

Sentencing Process

If you are convicted, the judge determines your sentence based on:

• The Criminal Code guidelines.
• Aggravating factors (e.g., violence, prior convictions).
• Mitigating factors (e.g., no prior record, remorse).

Common sentences include:

• Fines
• Probation
• Conditional or Absolute Discharge (Section 730)
• Custodial Sentences (intermittent or full-time imprisonment)
• Restitution Orders