Frequently Asked Questions About Criminal Trials in Ontario

What happens during a criminal trial in Ontario?

 

A criminal trial follows a structured process. The Crown prosecutor presents evidence first and attempts to prove the allegations. The defence then has the opportunity to respond, although it is not required to call evidence or witnesses. After all evidence is heard, both sides make closing submissions, and the judge (or jury) delivers a verdict. If there is a conviction, sentencing is typically addressed separately. 

 

What does the Crown have to prove?

 

The Crown must prove every essential element of the offence beyond a reasonable doubt. This is the highest burden of proof in Canadian law. If there is a reasonable doubt about any essential aspect of the allegation, the accused must be found not guilty. 

 

Do I have to prove that I am innocent?

 

No. In Canada, every accused person is presumed innocent. The defence does not have to prove innocence, provide an explanation, or present evidence. The burden always remains on the Crown to prove guilt beyond a reasonable doubt. 

 

Do I have to testify at my trial?

 

No. You have a constitutional right to remain silent. You cannot be forced to testify, and a judge or jury cannot treat your decision not to testify as evidence of guilt. Whether an accused person should testify is a strategic decision that should be made with legal counsel. 

 

What happens before a criminal trial?

 

Before trial, the parties typically participate in:

• Disclosure review

• Judicial pre-trial conferences

• Resolution discussions

• Charter motion preparation (where applicable)

• Witness preparation

• Preliminary inquiries (for certain serious offences)

 

Many criminal charges are resolved before reaching trial through withdrawals, peace bonds, diversion programs, or negotiated pleas. 

 

What is disclosure?

 

Disclosure refers to the evidence that the Crown must provide to the defence. This may include:

• Police reports

• Witness statements

• Video recordings

• Photographs

• Expert reports

• Criminal records

• Forensic evidence

 

Reviewing disclosure is one of the most important steps in preparing a defence.

 

What is a judicial pre-trial?

 

A judicial pre-trial is a confidential meeting involving the judge, Crown, and defence counsel. The purpose is to discuss the issues in dispute, estimate trial length, determine what evidence may be required, and explore possible resolution options. 

 

What is a preliminary inquiry?

 

A preliminary inquiry is a hearing available only for certain serious offences carrying a maximum punishment of 14 years imprisonment or more. The purpose is to determine whether there is sufficient evidence to commit the accused to trial. Not every criminal case qualifies for a preliminary inquiry. 

 

What is the difference between a judge-alone trial and a jury trial?

 

In a judge-alone trial, a judge hears the evidence, determines the facts, applies the law, and delivers the verdict.

In a jury trial, the judge rules on legal issues and instructs the jury on the law, while the jury determines the facts and decides whether the accused is guilty or not guilty. For many indictable offences, an accused person may be able to choose their mode of trial. 

 

What happens during the Crown's case?

 

The Crown presents witnesses and evidence intended to establish each element of the offence. Witnesses are questioned by the prosecutor and then cross-examined by the defence. The defence has the opportunity to challenge the reliability, credibility, and accuracy of the Crown's evidence. 

 

Can the defence cross-examine Crown witnesses?

 

Yes. Cross-examination is one of the most important tools available to the defence. Through cross-examination, the defence can:

• Test accuracy and memory

• Expose inconsistencies

• Challenge credibility

• Clarify evidence

• Establish facts helpful to the accused

 

Does the defence have to call witnesses?

 

No. The defence may call witnesses, including experts, but there is no obligation to do so. In many successful defences, the Crown's evidence alone is insufficient to establish guilt beyond a reasonable doubt. 

 

Can expert witnesses testify?

 

Yes. Expert witnesses are often used in cases involving:

• Mental health issues

• Accident reconstruction

• Toxicology

• DNA evidence

• Digital forensics

• Parenting and family-related criminal matters

 

Expert evidence can assist the court in understanding technical or specialized matters beyond ordinary knowledge.

 

What are closing submissions?

 

After all evidence has been presented, both the Crown and defence make submissions to the court. These are legal arguments explaining how the evidence should be interpreted and whether the legal test for conviction has been met. [legalsolut...lawfirm.ca]

 

How is a verdict reached?

 

At the conclusion of the trial, the judge or jury determines whether the Crown has proven the charge beyond a reasonable doubt.

 

The possible outcomes generally include:

• Not guilty (acquittal)

• Guilty (conviction)

• Guilty of a lesser included offence (in some cases)

 

A judge may provide reasons immediately or reserve judgment and provide reasons later. Jury verdicts generally must be unanimous. 

 

What happens if I am found not guilty?

 

A not guilty verdict means the Crown failed to prove the case beyond a reasonable doubt. The charge is dismissed, and the matter is concluded. In most circumstances, a person cannot be prosecuted again for the same offence arising from the same facts. 

 

Does a not guilty verdict mean the court found me innocent?

 

Not necessarily. A not guilty verdict means the Crown failed to meet its burden of proof beyond a reasonable doubt. It does not require a positive finding that the accused was innocent.

 

What happens if I am found guilty?

 

If there is a conviction, the matter proceeds to sentencing. Sentencing may occur immediately or on a future date, depending on the complexity of the case and whether further reports or submissions are required. 

 

What factors does a judge consider at sentencing?

 

A judge may consider:

• The nature of the offence

• The circumstances of the offender

• Criminal record

• Remorse and accountability

• Rehabilitation prospects

• Victim impact statements

• Gladue factors (where applicable)

• Community support and treatment plans

 

What is a pre-sentence report?

 

A pre-sentence report is prepared by a probation officer and provides information regarding the offender's background, circumstances, rehabilitation prospects, and community supports. Judges may rely on these reports when determining a fit sentence. 

 

How long does a criminal trial take?

 

Trial length varies dramatically depending on the complexity of the case.

• Simple summary conviction matters may be completed in a single day.

• Multi-day assaults, frauds, or impaired driving cases may require several days.

• Complex jury trials may last weeks or even months. 

 

Do most criminal cases go to trial?

 

No. Most criminal cases resolve before a trial occurs. Potential resolutions include:

• Withdrawal of charges

• Diversion programs

• Peace bonds

• Guilty pleas

• Alternative resolutions

 

A trial is generally necessary only when the parties cannot resolve the matter. 

 

Should I hire a lawyer if my case is going to trial?

 

Yes. Criminal trials involve complex issues relating to evidence, procedure, constitutional rights, witness examination, legal research, and sentencing. An experienced criminal defence lawyer can identify legal defences, challenge Crown evidence, bring Charter applications, negotiate with the prosecution, and provide strategic advice throughout the process.

 

How can Michael Coristine Law help?

 

Michael Coristine Law provides strategic and aggressive criminal defence representation throughout Toronto and the Greater Toronto Area. We assist clients facing charges ranging from assault and domestic allegations to firearms offences, drug charges, fraud, dangerous driving, impaired driving, and serious indictable matters.

 

We will:

• Review all disclosure materials

• Identify weaknesses in the Crown's case

• Conduct witness interviews

• Bring Charter applications where appropriate

• Prepare and conduct trials

• Negotiate with the Crown

• Advocate for the best possible outcome

 

Contact Michael Coristine Law today for a confidential consultation regarding your criminal charges.