Presenting Evidence

Oral evidence is the testimony given in court by witnesses or the accused. It may be direct evidence (“I saw the accused rob the store clerk”) or circumstantial evidence (“I saw the accused running from the store that had just been robbed.”)

Real evidence is any physical object or document that provides information. It can include electronic records, emails or photos as well as weapons, clothing or blood.

Evidence is any information or material that supports an assertion or conclusion. During a trial, both the Crown and the accused have the opportunity to present evidence. If the Crown believes evidence from the accused should not be admitted — for example, because it is not relevant or because it is HearsayAn out-of-court statement offered to prove what it says. — the Crown can ask the judge to exclude it. The accused can also object to evidence presented by the Crown and explain the objection to the judge. Hearsay, or second-hand evidence, is generally not admissible in court, but there are exceptions. These rules can be complicated, so this is a point to ask a lawyer or duty counsel about if you are representing yourself.

As the accused in a criminal trial, you may wish to enter certain items as exhibits in order to support your case. These items are referred to as exhibits and are given a number for easy reference. In order to enter something as an exhibit, you must either have the agreement of the Crown or have a witness identify it and confirm that they are able to recognize what it is. If the exhibit is a written document or an object that supports your case, you must also be able to demonstrate that it is accurate and authentic — for example, by showing where it came from and that it has not been altered.

• As the accused, you have the right to call witnesses to give evidence in your defence. Witnesses can provide information that supports your position or undermines the Crown's case. Witnesses typically give testimony about what they saw or heard. It is important to remember that you cannot tell witnesses what to say, except to encourage them to be truthful. Any witness that you call may be cross-examined by the Crown.
• If you need to subpoena witnesses to come to court, the clerk's office can assist you with this process. Witnesses can also bring any documents related to your case that support your position. You are not allowed to ask leading questions that suggest the answer you want.

You can cross-examine any of the Crown’s witnesses if you think it will help your case. Reasons for doing that include if they did not mention a fact you think would be helpful to your defence or if you believe they made a mistake in their testimony. Cross-examination can also be used to erode the credibility of witnesses. Unlike when you question your own witness, leading questions are allowed in cross-examinations, such as: “You were impaired on the night you claim you saw me, weren’t you?”

It is important to present yourself professionally and be well-groomed when appearing in court to show respect for the judicial process. The appropriate way to address judges (usually "your Honour") may vary depending on the level of court and the province you are in. You can check with the court clerk for guidance or simply use "sir" or "madam" when necessary. Always maintain a respectful tone in court and avoid insulting anyone. Rolling your eyes or being sarcastic will not help your case. Be polite at all times, regardless of your feelings about what is being said.

When in court, you should stand whenever the judge enters or leaves the courtroom and stand whenever you wish to speak, addressing all of your comments to the judge. Speak slowly and clearly when giving evidence and make sure to tell the whole truth, as half-truths may weaken your credibility. If the judge asks you a question, immediately stop speaking and listen carefully. If needed, take a moment to think about your response before answering.