How a Criminal Trial Runs

A criminal trial is a test of the Crown’s evidence, not a competition between two accounts. You do not have to prove anything. The prosecutor must prove every element of the offence beyond a reasonable doubt, and if any element is left in doubt at the end, the verdict is not guilty. That standard is what the whole day is built around.

The Order of a Trial Day

The Crown calls its witnesses first and examines each one. Your lawyer then cross examines, which is where most of the useful evidence in a defended file actually comes out. When the Crown closes its case the defence may argue there is no evidence on an essential element. If that fails, the defence decides whether to call evidence, and closing submissions follow.

Whether You Testify Is Your Decision

Nobody can require you to take the stand, and a court cannot treat silence as evidence of guilt. The presumption of innocence and the right to a fair hearing come from section 11 of the Canadian Charter of Rights and Freedoms. Testifying is sometimes right and sometimes a gift to the prosecutor, and that call is made after the Crown’s case has been heard, never before it.

Charter Applications Are Argued Inside the Criminal Trial

Where a search, a detention, or an interview breached your rights, the remedy is sought during the trial. The usual application asks the court to exclude the evidence obtained. These are argued on notice with a written brief, and success can remove the foundation of the prosecution’s case, which is why the DUI charges and drug charges pages treat the legality of the stop or the search as a first question.

You Must Be There

Section 650 of the Criminal Code requires an accused to be present in court throughout an indictable trial, subject to defined exceptions. Trials also run over more than one date more often than people expect, since witness availability rarely lines up.

The Verdict and What Follows

A judge alone usually gives reasons, sometimes on the day and sometimes reserved to a later date. A jury delivers a verdict without reasons. An acquittal ends the matter, subject to a Crown appeal on a question of law. A finding of guilt moves the case to sentencing, which is normally a separate date so material can be prepared.

Most files do not reach this point, for the reasons set out in resolution without a trial. If yours is heading to a trial date, contact the firm well before it.