When a defendant pleads guilty or is found guilty after a trial, their case proceeds to a sentencing hearing. At this hearing, the judge must decide what sentence to impose. The judge's decision must be based on the principles of sentencing set out in the Criminal Code and in the case law. The fundamental principle is "proportionality" (that […]
A trial is a formal hearing into a regulatory or criminal offence. At a trial, the prosecution is called upon to prove that the defendant is guilty of the offences and the defendant has an opportunity to defend against the prosecution. At the end, the presiding "trier of fact" - either a judge or a jury […]
Before a case goes to trial, it may involve one or more pre-trial procedures. There are many different kinds of pre-trial procedures, but the two most common are (1) preliminary inquiries and (2) applications to admit or exclude evidence. Preliminary inquiries In some circumstances, a defendant may have the right to hold a preliminary inquiry. This procedure is available […]
When a person is charged with an offence, they have the right to plead “guilty” or “not guilty.” When a person pleads guilty, they give up their right to a trial, they give up their right to make the prosecution prove their case, and they admit that they committed the essential elements of the offence. […]
In some cases, charges can be resolved without a trial and without a plea of guilt. The two most common ways to resolve charges without findings of guilt are post-charge diversion and peace bonds. These options are normally available where the defendant is a first-time offender or where the prosecution recognizes that its case is […]
Once a defendant has been either released on bail or detained in custody pending trial, their case will move into an “administrative phase.” This phase includes a number of administrative court appearances before a justice of the peace in the Ontario Court of Justice’s “remand court” or a judge in the Ontario Superior Court of Justice’s […]
After someone has been arrested for an offence, the criminal justice system must determine whether that person should be kept in custody or released from custody while they wait for the case to finish. This part of the Canadian criminal justice system is called “judicial interim release” or “bail.” In some cases, the police officer […]
In the Canadian criminal justice system, “diversion” (for adults) or “extrajudicial measures” (for young persons) is a process where police or prosecutors agree to take a course of action that either avoids charges altogether or avoids having charges lead to a finding of guilt. Pre-charge diversion (for adults) or “alternative measures” (for young persons) happens when […]
The purpose of an investigation is to identify, gather, and preserve evidence of suspected offences, which may be used against a person in criminal proceedings. The investigation of an offence may be a matter of minutes or a matter of months. In simple impaired driving cases, the investigation may begin with a police officer’s observations […]
If someone is charged with an offence and if they wish to retain a lawyer to represent them, then they are expected to make the necessary arrangements to pay for that lawyer. In Ontario, individuals can fund their legal counsel in one or more of the following ways: Individuals are normally expected to pay legal […]
