Criminal Trials
Criminal Trials in Canada
What is a Criminal Trial? While 90% of criminal cases in Canada are resolved prior to trial by way of a guilty plea, trials are still a common and critical part of our criminal justice system. A trial is a formal court process by which a judge or jury determines your legal guilt or innocence. If you are found guilty at trial, a sentencing ...
Election and Plea in Canada
What is an Election? Whether you are released from custody on a bail order, or detained in custody, navigating the criminal justice system can be extremely daunting to do alone. There are numerous steps to the life cycle of a criminal charge within the court system. Some of these steps you’ve surely heard of and may even have some familiarity with, while others ...
What does making an “election” mean?
In criminal trials there are two types of election: the Crown Prosecutor’s election, and the defence’s election. When an accused is charged with a hybrid offence, the Crown Prosecutor can elect to proceed by way of indictment and seek jail time in the event of conviction, or they can elect to proceed summarily. When the Crown proceeds by way of summary conviction, the matter ...
What is a publication ban and when can I get one?
A publication ban is an order of the court that prohibits anyone from publishing or disseminating information, evidence, or the identity of witnesses in a trial. While in Canada the media do have a constitutional right to publish information about court cases, publication bans have been recognized as a legitimate limit to this right. A publication ban will be granted upon successful application by ...
What happens if I have been called to be a witness in a trial?
If you have been called to be a witness in a trial, you may voluntarily agree to attend the trial and give evidence. If you do not voluntarily agree, you may receive a legal notice such as a subpoena or notice to attend trial. If you receive a legal notice to attend trial as a witness, you must comply with the notice. If you ...
I have already pleaded guilty or not guilty. Can I change my plea?
Generally, if you were unrepresented by counsel and have entered a guilty plea without understanding the nature of the charge or the effect of the plea, you may still be able to change your plea to not guilty before you are sentenced. Procedurally, a change of plea can be made before sentencing to the same judge who took the plea. However, in order for ...
What needs to be proven before I can get convicted of an offence?
In order for someone to be convicted of a criminal offence in Canada, the Crown prosecutor must prove beyond a reasonable doubt that the accused is guilty of both the actus reus and mens rea of the alleged offence. The actus reus of an offence refers to the actual criminal action, while the mens rea refers to the intent to commit the criminal act. ...
Do I have to take the stand in my own trial?
In Canada we have a constitutionally protected right to silence which guarantees that we will never be required to take the stand in our own trial. You are, however, free to testify in your own defence if you wish, and there certainly are situations where you will need to take the stand in order to advance a particular defence. For example, you may have ...
