How Does the Criminal Trial Process Operate in Ontario?

by | Jul 3, 2023 | Criminal Defence

The criminal trial process in Ontario is governed by the Criminal Code of Canada and the rules of procedure set out in the Criminal Rules of the Ontario Court of Justice. When an individual is charged with a criminal offence in Ontario, they will go through a series of stages before a verdict is reached.

  1. The first stage of the process is the arrest and charge. An individual may be arrested if the police have reasonable grounds to believe that they have committed a criminal offence. Once the individual is in custody, they will be brought before a justice of the peace or a judge for a bail hearing. The purpose of the bail hearing is to determine whether the individual should be released on bail or detained until their trial.
  2. The next stage is the preliminary hearing. This is a hearing to determine whether there is enough evidence to proceed with a trial. The preliminary hearing is not required in all cases and is usually only held for more serious offences. If there is enough evidence, the case will proceed to trial.
  3. The trial itself consists of several stages.
    • The first stage is jury selection, where a panel of jurors is chosen to hear the evidence and make a decision.
    • The Crown will then present its case, calling witnesses and introducing evidence to prove the charges.
    • The defence will have the opportunity to cross-examine the witnesses and challenge the evidence. The defence may also present its own evidence and call witnesses.
    • Once both sides have presented their cases, the judge will instruct the jury on the law and the jurors will deliberate and reach a verdict.

In conclusion, the criminal trial process in Ontario is a complex and multifaceted process that is designed to ensure that justice is served. From the arrest and charge to the trial and sentencing, every step of the process is designed to safeguard the rights of the accused and ensure that they are treated fairly and justly. If you have been charged with a crime in York Region, Toronto, Oakville, Newmarket, Peel, or Durham, contact a criminal defense lawyer at Kazandji Law today to schedule a consultation and learn more about your options. With the right representation, you can secure a strong defense and achieve the best possible outcome for your case.