Criminal Trials
The Stages of a Criminal Trial in Canada
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 hearing will then occur to ...
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 are ...
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 ...
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. ...
How does a criminal trial work in Canada?
Criminal Process Steps in Canada When facing a criminal charge, it is crucial to consult a lawyer as early as possible. An experienced criminal defence lawyer can help you at all stages of the process, from maximizing your chances of being released on bail to appealing your verdict. Even before charges are formally laid, if you have reason to believe you may soon ...
