Understanding the Ontario
Criminal Process

A Proactive Approach From Day One

One of the most common mistakes made by criminal defence lawyers is failing to act early. Many lawyers take no steps on a file until they receive initial disclosure from the Crown, sometimes nearly two months after charges are laid. By then, it is often too late.

Robb and his colleagues know there is no time to waste. In some cases, helpful evidence and key witnesses can only be located in the days immediately after an arrest. By engaging investigators when necessary and moving quickly to preserve favourable evidence, Robb puts the defence in a position to explore every possible lead from the outset.

The Bail Hearing

A bail hearing is the first step on the road to freedom. After the bail hearing, an accused is either detained in custody or released pending trial. Trial dates are typically set eight months to a year after bail is addressed. If a client is detained, a faster trial date can usually be obtained.

The First Appearance

After bail is addressed, the accused is asked to return to court in four to six weeks. This is usually how long the Crown needs to prepare disclosure: a summary of witness statements and copies of police notes, sometimes including videotaped interviews, expert reports, and other forensic evidence. If a lawyer is retained before the first appearance, he can attend on the client's behalf, review the evidence, and begin finding weaknesses in the Crown's case.

The Crown Pretrial

Once the disclosure has been reviewed, the lawyer contacts the Crown Attorney's office to begin preliminary negotiations. These discussions may involve relaxing bail conditions or exploring how to resolve the case. At this stage the Crown may agree to stay or withdraw charges, or to let the accused earn a discharge, sometimes through counselling, diversion, community service, or restitution. Thorough preparation is crucial. By presenting a client's strengths, remorse, and prospects for improvement, Robb places clients on far better footing for bail variations, charge withdrawals, or lenient sentences.

The Judicial Pretrial

Cases that do not resolve at the Crown pretrial may proceed to one or more judicial pretrials (JPTs): a meeting involving the defence lawyer, the Crown, the officer in charge, and a judge, usually in chambers. The JPT lets the defence negotiate with the Crown while receiving input from a judge. If the Crown takes an unreasonable position, the defence may win over the judge, who can accept a proposal even without the Crown's agreement or persuade the Crown to make further concessions. Top defence lawyers treat JPTs as a key opportunity to negotiate and to demonstrate weaknesses in the Crown's case.

Trial

A trial finally gives the accused an opportunity to formally challenge the allegations. A successful trial ends in a "not guilty" verdict and the accused walks free, avoiding a conviction. But if a matter goes to trial and is lost, the Crown will seek a far more severe sentence than what would have been offered on an earlier guilty plea. Trials carry the prospect of great reward and serious risk, which is why a wise defendant only proceeds to trial with a confident and capable advocate. A skilled trial lawyer finds the weaknesses in the Crown's case, prepares to attack that evidence, and uses effective cross-examination to expose the details that can devastate the prosecution.