Being charged with a criminal offence in Ontario can be a daunting experience. Understanding the legal process is crucial for anyone facing such circumstances. This FAQ aims to provide general information about the criminal charge process in Ontario, from the initial stages to court proceedings. It is important to remember that this information is for general guidance only and does not constitute legal advice. For personalized advice, always consult with a qualified criminal defence lawyer.
When a criminal charge is laid, it signifies the official start of the legal process. This can occur in various ways, such as being arrested and taken to a police station, or receiving an Appearance Notice or Summons. The police will formally inform you of the charges against you. Depending on the severity of the alleged offence and your personal circumstances (e.g., prior record), you might be released with conditions or held for a bail hearing.
An Appearance Notice is typically issued by a police officer at the scene for less serious offences. It requires you to attend court on a specific date and often to report to a police station for fingerprinting. A Summons is a court order, usually delivered by mail or in person, compelling you to appear in court. Both serve as official notifications of your charges and court date.
If you are released by the police, you might be given a Promise to Appear or an Undertaking. A Promise to Appear generally requires you to attend court at a specified time. An Undertaking is more restrictive and includes specific conditions you must follow while your case is ongoing, such as abstaining from alcohol, not possessing weapons, or staying away from certain individuals or locations. Breaching any condition of an Undertaking is a separate criminal offence.
If the police are looking for you or you have been arrested, it is critical to exercise your right to remain silent and to contact a criminal lawyer immediately. Do not provide any statements to the police without legal counsel. A lawyer can advise you on your rights, explain the charges, and guide you through the initial stages, including bail proceedings.
If the police do not release you, you will be held for a bail hearing, also known as a “show cause” hearing. The purpose of this hearing is not to determine guilt or innocence, but to decide if you can be released into the community while your case proceeds. The court assesses whether there is a risk that you will not attend court, re-offend, or endanger the public. Your lawyer can propose a release plan, often involving a surety (a person who supervises you and pledges money to the court) to ensure your compliance with conditions.
A surety is someone who promises the court that you will follow your release conditions and who agrees to supervise you while your case is ongoing. Not everyone can be a surety — the court must approve them.
Generally, a good surety should:
• Be over 18 years old
• Be a Canadian citizen or permanent resident
• Live in the same community or close enough to supervise you
• Have a stable lifestyle (job, home, and routine)
• Have no serious criminal record (especially not for similar offences)
• Have no outstanding criminal charges
• Be willing and able to supervise you and report any breaches
• Be willing to pledge money to ensure your compliance
• Understand the responsibilities and risks of being a surety
Courts often prefer a surety who:
• Knows you well and can influence your behaviour
• Is not involved in your alleged offences
Common examples of acceptable sureties include a parent, spouse, sibling, close relative, or trusted family friend.
Your lawyer can help prepare your proposed surety and make sure they understand what’s expected before going to court.
Bail conditions are rules the court sets that you must follow while your case is going through the system. The goal is to make sure you attend court, keep the peace, and protect public safety — not to punish you before trial.
Your exact conditions depend on your charges, your record, and your personal circumstances. However, common bail conditions often include:
• Living at a specific address
• Following a curfew or house arrest
• Not contacting certain people (such as a complainant or witnesses)
• Staying away from certain places
• Not possessing weapons
• Not possessing electronic devices
In some cases, the court may also require:
• A surety
• A cash deposit or
• Electronic monitoring
Your lawyer’s job is to push for the least restrictive conditions possible and to challenge any terms that are unnecessary or unfair. If your situation changes, your lawyer can also apply to have your conditions varied.
Your first court appearance is primarily an administrative appearance. It is not a trial, and you will not be expected to testify or present evidence. The main purpose is to ensure you are aware of the charges and to confirm if you have hired legal representation. If you hire a lawyer, your lawyer can usually appear on your behalf for your first court appearance. Your matter will then likely be adjourned to another administrative court date for an update on your legal representation (if you have not yet retained a lawyer), and the status of your disclosure.
Disclosure refers to all the evidence the police and Crown have gathered against you. This typically includes police notes, witness statements, video surveillance, 911 call audio, and any other relevant documents or media. You have a right to this information to properly prepare your defence. Your lawyer will meticulously review the disclosure to identify inconsistencies, potential Charter rights violations, or weaknesses in the prosecution’s case.
Your disclosure will be provided to you or your lawyer (if you hired one) as soon as it becomes available. Initial disclosure typically takes anywhere from weeks to a couple of months to be received. The complexity of the caser will determine how much disclosure is going to be provided and how long that disclosure will take to be provided. The full disclosure for cases involving sexual assault, serious bodily injury and search warrants often takes longer to be provided. Once the majority of your disclosure is provided, your lawyer can then schedule to have a Crown pretrial.
A Crown pretrial is a discussion between your lawyer and the Crown Attorney to explore potential resolutions to your case without going to trial. This could involve negotiating a plea deal, discussing the withdrawal of charges, or narrowing down the issues for trial. A judicial pretrial involves a judge in these discussions, who can offer an opinion on the strengths and weaknesses of the case and potential sentencing outcomes. A judicial pretrial is often required prior to scheduling cases for trial (unless the trial is expected to be a short one in most jurisdictions).
A preliminary hearing (or inquiry) is held for more serious charges to determine if there is enough evidence to proceed to a full trial. It allows the defence to hear the Crown’s evidence, cross-examine witnesses, and assess the strength of the Crown’s case. This can be a strategic opportunity for the defence to gain insight and potentially lead to a resolution or a stronger defence at trial.
Your case is eligible for a preliminary hearing only if you are charged with offences that the Crown is proceeding by way of indictment on. Furthermore, the offences have to carry a maximum penalty of 14 years or more.
A criminal trial is where the Crown presents its evidence and arguments to prove your guilt beyond a reasonable doubt, and your lawyer presents your defence. This involves calling witnesses, presenting evidence, and making legal arguments. The judge (or judge and jury) will then make a decision based on the evidence presented. The process can be complex and lengthy, often taking several months to over a year, especially for more serious charges.
The decision to plead guilty is a significant one and should only be made after careful consideration and thorough consultation with your criminal lawyer. Your lawyer will advise you on the strength of the Crown’s case, the potential consequences of a conviction, and any possible resolution offers. A guilty plea might be considered if the evidence against you is overwhelming, and a guilty plea could result in a more favorable outcome than a trial.
Hiring an experienced criminal lawyer is crucial when facing criminal charges. A lawyer understands the complexities of the legal system, your rights, and the best strategies for your defence. They can:
You should contact a criminal lawyer as soon as possible after you become aware of a potential criminal investigation or charge. The earlier a lawyer is involved, the better they can protect your rights and begin building your defence. This includes contacting a lawyer even if you are only being questioned by the police, as any statements you make can be used against you.
During your first meeting, your lawyer will discuss the details of your case, explain the charges, and outline the legal process. They will ask you questions about the events leading to the charge and any interactions you had with the police. This is an opportunity for you to ask questions, understand your options, and discuss the lawyer’s fees and retainer agreement. All information shared with your lawyer is confidential.
