What to expect at a criminal trial in Canada

A criminal trial is the court hearing where the Crown must prove a charge beyond a reasonable doubt using admissible evidence, and a judge or jury decides whether that burden has been met. The accused does not have to prove innocence, and a trial is not simply a chance to tell the court their side of the story: the evidence must be presented under court rules.

For a person facing a charge, the process can involve difficult choices about the court, the mode of trial, witnesses, and whether to testify. A criminal lawyer Toronto can assess the disclosure, explain the available choices, and prepare for the issues that may arise before evidence begins.

The Crown presents its case first. The defence can test that evidence through cross-examination, may call evidence if it chooses, and makes submissions on the law and facts before the decision-maker reaches a verdict.

What happens before the trial date in Ontario

Most of the important preparation happens before the trial date: the parties review disclosure, identify legal issues, discuss scheduling, and decide what evidence may be needed. A trial should not be the first time an accused sees the allegations, recordings, witness statements, or other material the Crown intends to rely on.

Ontario cases commonly involve Crown pre-trials and a judicial pre-trial before trial, particularly where there are legal issues, multiple witnesses, or an expected trial of significant length. These discussions are generally used to narrow issues and organize the case; they are not the trial itself and do not replace the Crown’s obligation to prove the charge.

Before trial, practical preparation can include:

• reviewing disclosure carefully and identifying missing material or inconsistencies;
• considering whether a Charter application or other motion is needed;
• locating defence witnesses and documents early;
• discussing whether the accused will testify, without treating that decision as automatic; and
• confirming every court date and continuing to obey any bail, release, or no-contact conditions.

The broader sequence from charge to resolution is explained in this overview of criminal procedure in Canada. Preparation for criminal trials in Canada also means planning for the practical demands of court, including documents, witnesses, and how long attendance may be required.

Trial by judge or jury in Ontario

Whether a case is tried by a judge or jury in Ontario depends on the charge, how the Crown proceeds, and the accused’s available election under the Criminal Code of Canada. It is a strategic legal decision, not simply a personal preference for one type of decision-maker.

Some less serious matters are tried in the Ontario Court of Justice before a judge alone. For many indictable offences, the accused may have an election between trial in the Ontario Court of Justice before a judge alone, trial in the Superior Court of Justice before a judge alone, or trial in the Superior Court of Justice before a judge and jury. The available paths are not identical in every case, and some offences have special rules.

The election is commonly recorded using a Notice of Election form. Where the law permits an election, it is important to understand the consequences before making it, because changing course later may require consent or a court order.

Defence counsel will usually consider matters such as:

• the precise legal issues and the strength or reliability of the anticipated evidence;
• whether the case turns on technical evidence, disputed identification, credibility, or legal interpretation;
• whether the accused may testify and how that evidence fits with the overall defence;
• the likely length, complexity, and scheduling consequences of each route; and
• the potential availability and value of a preliminary inquiry in an eligible case.

For example, consider someone charged with an indictable assault offence after a crowded-bar incident. If surveillance video, several civilian witnesses, self-defence, and identification are all in dispute, counsel may assess how each mode of trial will handle a fact-heavy credibility case. There is no universal answer that a jury trial Canada route or a judge-alone trial is preferable; the evidence and legal theory matter.

The practice areas of jeffrey i reisman include defence work across a range of Criminal Code allegations, each of which can raise different procedural and evidentiary questions.

When is a jury trial a constitutional requirement?

Section 11(f) of the Charter of Rights and Freedoms gives a person charged with an offence the right to the benefit of trial by jury where the maximum punishment is imprisonment for five years or more, subject to the exception for offences under military law tried before a military tribunal. This is a constitutional protection, but the exact procedure for exercising it still depends on the charge and the Criminal Code rules governing the case.

In practical terms, the Charter right and the available election should be considered together. Do not assume that the maximum sentence alone answers every question about the court, the timing of an election, or whether a jury will ultimately hear the case.

How jury selection works in an Ontario criminal case

Jury selection is the process of choosing an impartial jury from summoned members of the public before a Superior Court jury trial begins. It is not a contest to select jurors who favour one side; the goal is a jury that can decide the case fairly on the evidence and the judge’s instructions.

On the first day, the accused will usually attend court with counsel while the judge addresses the prospective jurors and the process begins. Potential jurors may be screened for eligibility, availability or hardship, impartiality, and any authorized challenge-for-cause issue. The judge controls the process, and the lawyers raise legal concerns through the proper court procedure.

Peremptory challenges are no longer part of Canadian criminal jury selection. A prospective juror cannot simply be removed because one side prefers not to have that person on the jury; challenges must follow the legal process that applies to the case.

For example, in a case involving allegations of sexual assault, the court may need to address a properly raised concern about whether a prospective juror can follow the law and decide the evidence without bias. The accused should not speak directly to prospective jurors or try to explain the case. Questions, concerns, and courtroom instructions should go through counsel.

What happens during the trial itself

A criminal trial usually begins with the charge being put to the accused, followed by the Crown’s evidence, cross-examination, any defence evidence, and closing submissions. The exact order can vary, but the Crown bears the burden throughout, and the defence is not required to call evidence or have the accused testify.

Witnesses answer questions under oath or affirmation. The party calling a witness examines first; the opposing party may cross-examine to test reliability, accuracy, memory, bias, or credibility. Objections and legal arguments are decided by the judge, sometimes after the jury leaves the courtroom.

A fuller explanation of criminal trial procedure can help a person understand the steps, rights, and preparation involved. The meaning of proof beyond a reasonable doubt is also central: it is the Crown’s burden, not something the accused must disprove.

What does a trial judge do?

The trial judge controls the courtroom, applies the law, rules on objections and admissibility, and ensures the proceeding is fair and orderly. In a judge-alone trial, the judge also decides whether the Crown has proved each required element of the offence beyond a reasonable doubt.

In a jury case, the judge decides legal questions and instructs the jurors on the law they must apply. The jury decides the facts and delivers the verdict. A judge may give reasons for evidentiary rulings during the case, while reasons for the final decision are especially important in a judge-alone trial.

Good courtroom conduct matters. Arrive early, dress appropriately, turn off electronic devices, and do not react visibly to evidence or testimony. If something concerns you, write it down or quietly raise it with counsel; do not interrupt a witness, the Crown, jurors, or the judge.

Do juries have to be unanimous in Canada?

Yes. A criminal jury verdict in Canada must be unanimous, meaning all jurors must agree on the verdict for the count they are deciding.

Jurors deliberate privately and must base their decision only on the evidence admitted at trial and the trial judge’s legal instructions. They cannot research the case, discuss it with outsiders, review social media, or decide according to information that was not presented in court.

The judge does not join deliberations or tell jurors what verdict to reach. If jurors send a question to the court, the judge addresses it in the courtroom with counsel present, using the proper process.

Reaching a verdict and how a criminal trial ends

Reaching a verdict ends the trial on that charge: a judge gives a decision in a judge-alone case, while a jury announces its verdict in a jury case. A not-guilty verdict resolves that charge, while a guilty verdict moves the case to sentencing.

Sentencing may occur immediately in a straightforward matter, but it is often scheduled for another date so the parties can prepare submissions and provide relevant information. Depending on the offence and circumstances, the court may consider such issues as the person’s background, the impact of the offence, rehabilitation, deterrence, and the applicable sentencing principles.

A not-guilty verdict does not itself determine what happens with unrelated charges, other court matters, or any separate legal basis for detention. A guilty verdict is also not necessarily the final legal step, since appeal rights and deadlines may need prompt legal assessment.

What happens after a mistrial?

A mistrial means the trial ended without a final verdict. One possible reason is that a jury cannot reach a unanimous verdict, although mistrials can arise from other serious procedural problems as well.

After a mistrial, the Crown may decide whether to seek a new trial. The court will set further dates, and the accused should obtain advice promptly about the next appearance, any new scheduling issues, and how the earlier proceeding may affect preparation.

Existing release conditions do not disappear simply because the first trial ended without a verdict. Keep following every condition unless a court changes it, including reporting, non-contact, residence, weapons, or abstinence terms.

Criminal trial and jury trial FAQ

What does it mean to be tried in court?

To be tried in court means the Crown presents its case before a judge, or a judge and jury, and must prove the criminal allegation under the criminal standard of proof. It is different from a routine appearance to set dates, discuss disclosure, or address bail.

This explanation of what is trial in court sets out the practical difference between a trial and other criminal court hearings. If you are scheduled for trial, confirm the date, courtroom, attendance requirements, and any preparation meeting with counsel well in advance.

What is the jury system in Canada?

The jury system in Canada allows a group of citizens to determine the verdict in eligible criminal cases after hearing the admissible evidence and the judge’s instructions on the law. Jurors do not decide legal arguments, sentence the accused, or investigate the facts outside the courtroom.

Should I choose trial by judge or jury in Canada?

The right choice depends on the specific charge, the evidence, the legal issues, and the defence strategy. It should be made after a careful review of disclosure and the procedural options, rather than on general assumptions about judges or juries.

Speak with a Toronto criminal defence lawyer

Early advice can help you understand your mode-of-trial options, prepare for jury selection or a judge-alone trial, and respond to the evidence and court dates in your case.

Call 647-351-HELP (4357) or book a free consultation to discuss your case with Jeffrey I. Reisman.