First Appearance in Court

If you are charged with a crime in Canada then released by police or placed on bail, you or your lawyer will receive a release document that gives you the date, time and location of your first appearance. This is not your trial date. It is just the date you are expected to be in court for a brief procedural hearing. As a self-represented litigant (SRL), you will learn about the case against you and be given disclosure by the Crown. If you have not received this information you should ask the Crown for it. The main purpose of the first appearance is for the court to find out how you will plead. Evidence is never heard at this stage.

The judge or justice of the peace hearing your first appearanceThe first scheduled court date after a person is charged. will be asking questions related to the management of your case and your understanding of the law as a SRL.

Questions may include:

• Do you understand the charges against you?
• Do you plan on retaining a lawyer?
• Are you ready to enter a plea or do you need more time?
• Do you understand the charge against you and the possible penalties upon conviction?
• Have you received disclosureRelevant, non-privileged case information the Crown must provide to the defence. from the Crown?

If you are accused of a crime, you have the right to disclosure of all relevant information in the possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. of the Crown or police, with the exception of privileged information. This right was established by the Supreme Court of Canada in R. v. Stinchcombe, and it covers both information that helps the Crown's case and information that may help yours.

In a criminal case disclosure will include:

• the charge against you;
• a summary of what the police allege;
• the statements of any witnesses interviewed by police;
• any statement you made to police; and
• any other material that is relevant to the case.

The disclosure package will also have a charge screening form. This form tells you whether the Crown will be asking for a jail sentence if you either pleaded guilty or are found guilty after a trial.

You cannot plead innocent; your options are guilty or not guilty. If you plead "not guilty" a trial date will be set to hear your defence. If you plan to plead guilty as an SRL, you can consult with duty counselA lawyer who provides limited help at court, often through legal aid. in advance. That is because the judge or justice of the peace heading up the hearing must be confident you understand and accept responsibility for all the essential elements of the offenceA probited act and the knowledge it was illegal. They can reject your guilty plea if they feel you do not have this understanding or if they believe you just want to make your legal issues go away as quickly as possible.

The judge or justice of the peace hearing your first appearance can explain the legal implications of the charge against you, but they cannot advise you how to plead. Duty counsel is a better person to ask for guidance on court procedures. They are lawyers who assist SRLs with case management.