The criminal court process in Ontario follows a structured series of steps designed to ensure justice is carried out fairly for both the accused and the public. Whether someone has been charged with a minor offense or a serious crime, the legal process unfolds in stages, each of which is crucial for protecting the rights of all parties involved. Below, we outline the key steps of how a criminal court case proceeds in Ontario.
1. The Arrest and Charges
The process begins when an individual is arrested by law enforcement, such as the Ontario Provincial Police (OPP), local police, or the Royal Canadian Mounted Police (RCMP). Once arrested, the police may release the individual on bail or, in more serious cases, hold them in custody until a court hearing.
A charge is formally laid out, outlining the offense(s) the individual is accused of, under the Criminal Code of Canada. Depending on the nature of the offense, charges can range from minor (summary) offenses to serious (indictable) offenses.
2. Bail Hearing
If the individual is not released immediately, they will attend a bail hearing, typically within 24 hours of the arrest. At this hearing, a judge or justice of the peace decides whether the accused can be released until their trial, and under what conditions (e.g., curfews, restrictions on contact, or geographical limits).
If bail is denied, the accused remains in custody until their trial. If granted, the accused must adhere to all conditions set by the court, as failing to comply can lead to re-arrest and additional charges.
Court cases are listed on Ontario Court Dates online.
3. First Court Appearance
The first court appearance is where the accused, now represented by a defense lawyer (or sometimes acting on their own), hears the charges against them in detail. This stage allows both the prosecution (Crown Attorney) and the defense to outline the case and decide how to proceed.
An accused as well as the general public can attend court in person. Today since COVID-19 however Zoom has taken over in many cases.
Thunder Bay Court, 125 Brodie St N, room 105 direct login with Meeting ID and passcode included:
https://ca01web.zoom.us/j/61562719216?pwd=T1ZYYm5xWFNDOFJoZW1kNGZTeDJDUT09
Telephone dial-in: 1-855-703-8985 (toll free)
Meeting ID: 615 6271 9216
Passcode: 042968
At this point, the accused may choose to:
- Enter a plea of guilty or not guilty.
- Request disclosure, meaning the defense asks for all evidence that the Crown plans to use, including police reports, witness statements, and any other documentation.
4. Plea Bargaining or Preliminary Inquiry
In many cases, the Crown and defense may engage in plea negotiations to potentially resolve the matter without a full trial. A plea bargain could involve the accused agreeing to plead guilty in exchange for reduced charges or a lighter sentence.
For more serious indictable offenses, a preliminary inquiry may be held before the trial. This is a hearing where the Crown presents evidence, and the defense can challenge whether there is enough evidence to proceed to trial. The goal of the inquiry is to determine whether there is sufficient legal basis to move forward.
5. The Trial
If the case goes to trial, the court must determine the guilt or innocence of the accused. The type of trial depends on the nature of the offense:
- Summary offenses: These are typically handled by a judge alone in Ontario Court of Justice.
- Indictable offenses: The accused may choose to have their trial heard by either a judge alone or a judge and jury in Superior Court.
During the trial:
- The Crown Attorney presents evidence and calls witnesses to prove the charges beyond a reasonable doubt.
- The defense has the opportunity to cross-examine witnesses, challenge evidence, and present its own case.
At the end of the trial, the judge (or jury) will deliver a verdict of guilty or not guilty.
6. Sentencing
If the accused is found guilty, the case proceeds to sentencing. The judge will consider various factors, such as the seriousness of the offense, the accused’s criminal history, and any mitigating circumstances. The Crown and defense may make submissions recommending a specific type of sentence.
Sentences can include:
- Fines
- Probation
- Community service
- Conditional or absolute discharges
- Jail time
For serious offenses, the judge may impose significant jail sentences, while minor offenses may result in fines or probation.
7. Appeals
Either the Crown or the defense may appeal the verdict or the sentence if they believe there has been a legal error. Appeals must be filed within a specific time frame after the trial. The case will then be reviewed by an appellate court, which can decide to uphold the original decision, overturn it, or order a new trial.
8. Post-Trial
Once all appeals are exhausted and the final judgment is made, the case concludes. If the individual is found guilty, they will serve their sentence. If acquitted, they are free to go and no further legal action is taken.
Local Relevance: Criminal Court in Thunder Bay
In cities like Thunder Bay and other areas of Northwestern Ontario, criminal cases are heard in both the Ontario Court of Justice and the Superior Court of Justice, depending on the severity of the offense. The regional courts handle a variety of cases, from minor offenses to major crimes, and follow the same structured process as outlined above.
Given the region’s ongoing efforts to tackle issues like substance abuse and violent crime, understanding how the criminal justice system works is important for residents who may be impacted by these cases. The criminal court process is crucial in maintaining law and order while upholding the rights of individuals and the community as a whole.
