Preparing for Trial

The criminal court process can feel unfamiliar because it uses formal rules, deadlines, and legal language. A useful first step is to speak with a lawyer, duty counsel, or another qualified legal professional about the charge and the next court date. The Canadian justice system is adversarial — meaning two sides present their positions before a neutral judge — so it helps to understand both the procedure and what the Crown must prove. You may also learn what to expect by attending public court hearings, but advice from friends or online groups should not replace legal information from a reliable source.

Experienced lawyers know that everything is always uncertain when it comes to a trial. Every court follows set procedures and rules of law, but once the trial begins, anything is possible. Judges are required to apply certain legal principles, but they are free to use their own judgement on how that should be done.

All aspects of the court process are meant to be transparent, clearly defined and accommodating. Judges and court administrators are expected to provide a fair and impartial process that does not give an advantage to people represented by lawyers. It is important to remember the judge is not your lawyer and must remain impartial (neutral). They can explain court procedures to you but they cannot offer legal advice.

Standardized forms have been developed with the intention of making the legal system understandable and easily accessible. If you are representing yourself, check at the registry office in the courthouse where your proceeding is taking place for these forms.

The legal process can be stressful, so it is important to be healthy during this emotional period in your life. Don’t stay up late worrying about what will happen the next day in court. That will only lead to exhaustion and irrational decisions on your part. Maintain a healthy diet, sleep well and exercise when you can.

If you do not have a lawyer and you are facing a criminal charge, consult the case management office in your province. It will advise you that one of your first steps is to speak to a duty counselA lawyer who provides limited help at court, often through legal aid. lawyer who can help guide you through the legal process. This is your case and your responsibility. Do not wait until your first appearanceThe first scheduled court date after a person is charged. to take this step.

Duty counsel will provide you with the assistance with:

• preliminary legal advice; 
• information regarding how to apply for legal aid if needed; 
• information about how to obtain disclosureRelevant, non-privileged case information the Crown must provide to the defence. from the Crown; and
• obtaining a position on a sentence from the Crown should the matter be resolved by way of a guilty plea.

Through a virtual meeting, duty counsel can assist you in preparing for your case and on the trial date, explain your options and the court process.

As a self-represented litigant, it is your responsibility to contact the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public.'s office to get a copy of the police investigation file that led to your charge. This is known as disclosure and will tell you why you are charged and what the evidence is against you. The Crown will not be able to give you disclosure at your first appearance if you do not contact them before that date.

During an investigation, police officers will make notes and gather witness statements. Disclosure may include other physical evidence such as photographs, objects (weapons or other physical evidence) or documents such as the results of breath or drug testing.

After laying a charge, police provide this information to a Crown prosecutor, who must provide a copy of this information to you or your lawyer. If you have been charged with a drug offence, you need to contact the federal Crown prosecutor’s office for disclosure material. You should review all of this evidence and bring it with you to trial.

If you think that another person saw, heard or did something that would help prove your innocence, you can make arrangements to have that witness come to court to testify on your defence. If you are unsure that person will appear, you or your lawyer can apply to the court for a subpoenaA court order requiring a witness to attend court., which is a legal order compelling the witness to attend court. The subpoena is issued by a judge or justice under s. 698 of the Criminal Code, and in many proceedings may be signed by the court clerk. You or your lawyer will need to make an application to the court to obtain one.

Service of a subpoena generally requires several weeks, and the timeline varies by jurisdiction, so it is important to apply well in advance of the trial date. You will also have to pay a fee for this service.

If you fail to subpoena a witness and they do not attend court on the day of your trial, you may be forced to proceed without their testimony. If the witness does not speak English, you or your lawyer will need to book the services of an interpreter. Court clerks can give you information about how that can be arranged.