Criminal Trials

>>Criminal Trials

What does making an “election” mean?

In criminal trials there are two types of election: the Crown Prosecutor’s election, and the defence’s election. When an accused is charged with a hybrid offence, the Crown Prosecutor can elect to proceed by way of indictment and seek jail time in the event of conviction, or they can elect to proceed summarily. When the [...]

What does making an “election” mean? 2018-04-12T20:36:26+00:00

What is a publication ban and when can I get one?

A publication ban is an order of the court that prohibits anyone from publishing or disseminating information, evidence, or the identity of witnesses in a trial. While in Canada the media do have a constitutional right to publish information about court cases, publication bans have been recognized as a legitimate limit to this right. A [...]

What is a publication ban and when can I get one? 2018-04-13T08:25:56+00:00

What happens if I have been called to be a witness in a trial?

If you have been called to be a witness in a trial, you may voluntarily agree to attend the trial and give evidence. If you do not voluntarily agree, you may receive a legal notice such as a subpoena or notice to attend trial. If you receive a legal notice to attend trial as a [...]

What happens if I have been called to be a witness in a trial? 2018-04-13T09:14:48+00:00

I have already pleaded guilty or not guilty. Can I change my plea?

Generally, if you were unrepresented by counsel and have entered a guilty plea without understanding the nature of the charge or the effect of the plea, you may still be able to change your plea to not guilty before you are sentenced. Procedurally, a change of plea can be made before sentencing to the [...]

I have already pleaded guilty or not guilty. Can I change my plea? 2018-04-13T09:13:16+00:00

What needs to be proven before I can get convicted of an offence?

In order for someone to be convicted of a criminal offence in Canada, the Crown prosecutor must prove beyond a reasonable doubt that the accused is guilty of both the actus reus and mens rea of the alleged offence. The actus reus of an offence refers to the actual criminal action, while the mens rea [...]

What needs to be proven before I can get convicted of an offence? 2018-04-13T09:17:03+00:00

Do I have to take the stand in my own trial?

In Canada we have a constitutionally protected right to silence which guarantees that we will never be required to take the stand in our own trial. You are, however, free to testify in your own defence if you wish, and there certainly are situations where you will need to take the stand in order to [...]

Do I have to take the stand in my own trial? 2017-11-14T09:02:00+00:00

How does a criminal trial work in Canada?

Criminal trials in Canada can be broken down into roughly four stages: Stage 1: Arrest, release, and your first appearance In Canada the criminal trial process ultimately begins with your arrest. Upon being arrested you are either released with an appearance notice, a promise to appear, a summons, on a recognizance, or you are [...]

How does a criminal trial work in Canada? 2017-11-20T11:25:40+00:00