Post Charge Processes

What is Diversion? Although the conventional options for a person charged with an offence are to plead guilty or not guilty, there are several other options you should be aware of. Quite often the lowest form of offences, such as mischief, theft, fraud, possession of stolen property, assault, and drug possession can be diverted out of the criminal justice system. In the right circumstances, more serious charges such as ...

Where criminal proceedings have been initiated against you, there are two ways that the Crown Prosecutor can stop the proceedings against you: 1. The Crown Prosecutor can stay the proceedings:  The Crown Prosecutor can halt proceedings against you by telling the clerk that a stay will be entered. This means that the Crown Prosecutor will not continue to pursue your charges. However, the Crown ...

In Canada, you are formally charged with a crime after an information is sworn before the court. An information is a document that specifies the charges against you, as well as details when and where the alleged offence occurred. Anyone can swear an information (though typically this is done by a police officer), but to do so they must go before a justice of ...

You should wear business or business casual attire to court. Lawyers are required to wear business attire, and typically will wear a suit when appearing in court. The court process is very formal, and there are many rules and traditions that govern how lawyers, clerks, and judges appear and comport themselves in the courtroom. Witnesses and accused individuals are not required to dress in ...

The speed with which your case can be resolved depends on the type and complexity of the file and on your instructions as to how you would like to proceed. A complex file will result in longer delays in completing your case, since there will likely be a large amount of disclosure and multiple witnesses. The usual upshot of this is that more days ...

You do not have to go to trial. You will only go to trial if you enter a plea of not guilty. You have the option at any time to plead guilty and be sentenced. There are benefits and drawbacks to going to trial. Trials are necessary where a satisfactory resolution cannot be reached through negotiations with the Crown prosecutor; however, trials can be ...

The length of a case is determined by the kind of charges you face, their seriousness, and the complexity of the legal issues to be explored. The length of the case can also be affected by the court and prosecution resources in your particular jurisdiction. In a busy jurisdiction with limited court resources, longer wait times in obtaining a trial date are to be ...

Disclosure is provided by the Crown prosecutor’s office. It is not provided automatically, and must be expressly requested.  This is most commonly done with the assistance of duty counsel at the first court appearance. This can also be done by attending the Crown prosecutor’s office and submitting a paper request. If you retain a lawyer, your lawyer will request disclosure on your behalf. ...