Understanding the Different Stages of a Criminal Case in Canada

Types of Criminal Offences in Canada

Criminal offences in Canada are categorized into three distinct types:

• Indictable Offences: These involve serious crimes such as murder or robbery, carry heavier penalties, and are typically tried in higher courts.
• Summary Conviction Offences: These involve less severe crimes like minor theft or public disturbances and are usually handled in lower courts before a judge or magistrate.
• Hybrid Offences: Depending on the Crown’s decision when charges are laid, these offences can be prosecuted as either indictable or summary.

Understanding these categories is essential, as they influence the procedural steps in a criminal case, from investigation to trial. Each category aligns with specific rules that ensure the justice process remains structured and equitable. 

Arrest & Release

A criminal case typically begins with an investigation, which may or may not lead to charges being laid. Charges are laid when there’s sufficient evidence such as witness statements or reports to believe a crime has been committed and it is often accompanied by an arrest. Sometimes an arrest happens first, particularly if the police catch someone in the act Arrests can occur under the following circumstances:

• With a Warrant: Issued by a judge based on evidence provided by law enforcement.
• Without a Warrant: When an officer witnesses a crime or has reasonable grounds to believe a crime has been committed. 

During an arrest, the police must inform the individual of:

• The reasons for their arrest.
• The specific charges against them.
• Their rights under the Canadian Charter of Rights and Freedoms, including the right to remain silent and the right to consult a lawyer.  

After an arrest, the accused may be:

• Released with conditions: This could involve an appearance notice, a promise to appear, or a release on recognizance (a promise with conditions).  
• Held in custody: If the police believe the accused is a flight risk, poses a danger to the public, or won’t appear in court, they may be held for a bail hearing. At a bail hearing, a judge decides whether to release the accused and what conditions to impose.  

The accused will receive a document called an “Information,” which details the charges, the nature and severity of the offence, and the specifics of their court appearance. 

Bail Hearing

A bail hearing is the next step after an arrest, where the court determines whether the accused can be released from custody while awaiting trial. This process balances the accused’s rights, as they are presumed innocent, with the need to protect public safety and ensure compliance with the legal process.

Key factors considered by the court during a bail hearing include:

• The seriousness of the offence.
• The strength of the evidence against the accused.
• The accused’s criminal record or lack thereof.
• The risk of reoffending and likelihood of appearing for trial.
• Whether all relevant evidence has been secured.

During a bail hearing, the prosecution argues for the accused’s detention, emphasizing public safety concerns and the risk of non-compliance with legal obligations. In contrast, the defence advocates for the accused’s release, often suggesting conditions such as recognizance or supervision to address these concerns while ensuring the accused’s compliance.

If bail is granted, the accused may be released under specific conditions designed to ensure adherence to legal requirements. If bail is denied, the accused will remain in custody until their trial.

Having an experienced bail lawyer at this stage is critical to presenting a strong case for release and safeguarding the accused’s rights.

First Appearance

The first court appearance is a procedural step where the judge formally reads the charges, and the accused informs the court of how they wish to proceed with their case. It is not a trial and does not require the accused to present evidence or prove their innocence. This appearance typically occurs in the Provincial Court, although some cases may start in Superior Court, and is a mandatory step for all accused individuals.

Key actions at this stage include:

• Requesting More Time: The accused may seek an adjournment to review evidence or consult their lawyer.
• Entering a Plea:
  • A not guilty plea leads to a trial date being set or, for serious offences, a preliminary inquiry in the Supreme Court. The accused may also have to elect whether they want a trial by judge alone or judge and jury.
  • A guilty plea moves the case directly to sentencing. At the sentencing hearing, the accused can provide information about their personal circumstances for the judge to consider when determining the sentence.

It is essential to attend the first appearance at the specified date and time, as failure to do so can result in additional charges or an arrest warrant.

Disclosure

Disclosure is a critical stage in the criminal trial process where the Crown Prosecutor provides the accused with all the evidence collected during the investigation. This ensures transparency, allows the defence to prepare effectively, and upholds the fairness of the legal process. The Crown’s duty to disclose is ongoing. This means they must continue to provide relevant information to the defence as it becomes available, even up to and during the trial.

The Crown must disclose various types of evidence, including police reports, witness statements, the accused’s criminal record (if applicable), statements made by the accused during the investigation, and any relevant photographs, notes, or other materials related to the case. A careful review of this disclosure is essential for the accused to fully understand the evidence against them, assess the validity of the charges, and identify potential weaknesses in the Crown’s case. 

Based on this review, the accused and their lawyer can make an informed decision about whether to plead guilty or challenge the charges in court. 

Pretrial Preparation

If the accused enters a not-guilty plea, the case moves into the pretrial preparation stage. This phase is crucial for building a strong defence strategy in collaboration with a criminal defence lawyer.

Key tasks during pretrial preparation include:

• Reviewing Disclosure: The defence lawyer scrutinizes the Crown’s evidence to identify gaps or inconsistencies to challenge the Crown’s case.
• Formulating a Defence Strategy: Decisions are made, in consultation with the accused regarding how to approach the case. This includes deciding whether the accused will testify, identifying potential witnesses, and determining what evidence to present.
• Preparing for Cross-Examination: If the accused chooses to testify, the lawyer helps them prepare for questioning by the Crown.

Pretrial conferences are often held between the Crown, defence lawyer, and judge to streamline the trial process by discussing disclosure, procedural matters, and key issues. For serious offences, a preliminary inquiry may be conducted to determine whether there is sufficient evidence to proceed to trial.

In some cases, pretrial negotiations, such as Crown pre-trials and judicial pre-trials, are used to resolve outstanding issues and potentially avoid trial. These meetings allow the defence to highlight weaknesses in the Crown’s case or negotiate alternative outcomes.

Trial

Once pretrial matters are resolved, the case proceeds to trial on the scheduled date. The length and complexity of the trial depend on the seriousness of the offence, the number of witnesses, and whether the case is heard before a judge or jury.

The trial process involves several key steps:

1. Crown’s Case: The Crown Prosecutor begins by presenting evidence and calling witnesses to testify.
2. Defence’s Case: The defence has the opportunity to cross-examine witnesses and present its arguments to challenge the Crown’s evidence.

The Crown bears the burden of proof and must establish the accused’s guilt “beyond a reasonable doubt.” This means the judge or jury must be convinced that the accused committed the offence with the necessary intent. If any element of the crime is unproven, the accused must be acquitted.

Throughout the trial, the judge or jury evaluates the evidence and arguments presented by both sides. The trial concludes with a verdict that may result in either an acquittal or a conviction. An acquittal occurs if the Crown fails to meet its burden of proof, leading to the accused being found not guilty. Conversely, a conviction is reached if the evidence satisfies the standard of proof, in which case the accused is found guilty and proceeds to sentencing.

The trial process is a cornerstone of the justice system, ensuring that the accused receives a fair hearing and that justice is served in accordance with the law.

Verdict and Sentencing

After all evidence and arguments have been presented during the trial, the judge or jury delivers the verdict.

As mentioned above, two outcomes are possible:

• Acquittal: If found not guilty, the accused is free to leave the court, and no further action is taken.
• Conviction: If found guilty, the case moves to the sentencing phase.

Following a conviction, sentencing typically occurs at a separate hearing. During this stage, the judge considers factors such as:

• The seriousness of the offence.
• Circumstances surrounding the crime.
• The accused’s criminal history and personal background.

The judge’s goal is to impose a fair, appropriate penalty that aligns with legal standards and is proportionate to the gravity of the offence and the degree of responsibility of the offender.

Appeal

Either the Crown or the accused can appeal the verdict if they believe an error in law or procedure occurred during the trial. In such cases, a higher court reviews the original trial record to determine whether a new trial or an adjustment to the sentence is warranted. Possible outcomes of an appeal include affirming the original decision, modifying the sentence, or ordering a new trial.