INTRODUCTION xv
1 HOW TO BEHAVE IN COURT 1
1. Court Practices Vary 2
2. Decorum: Politeness and Respect 2
3. How to Address the Justice or Judge 3
4. How to Address Other Justice Officials 3
5. To Whom to Direct Comments 3
6. Listen and Don't Interrupt 4
7. Observing 4
8. Asking Questions 4
9. Standing and Sitting 5
10. Where the Self-Represented Accused Is Expected to Stand or to
Sit in Court 5
2 THE ROLES OF CRIMINAL JUSTICE
SYSTEM PARTICIPANTS 7
1. The Suspect 7
2. The Accused, or Defendant 7
3. The Victim, or Complainant 8
4. Witnesses 8
5. Police 8
6. The Prosecutor, a.k.a., the Crown Attorney or "Crown Counsel" 9
7. Defence Counsel 10
8. Duty Counsel 12
9. Court Clerk 12
10. Court Reporter 12
11. Justice or Judge 13
12. Jury 14
13. Probation and Parole Officers 14
14. Indigenous Court Workers 14
15. Other Court Workers 15
16. Conclusion 15
3 ROADMAP TO THE CANADIAN CRIMINAL
JUSTICE PROCESS 16
1. Incident and Complaint 16
2. Investigation 17
3. Compelling Appearance: Promises to Appear, Summons, Arrest 17
4. The Charge: Laying the "Information" 18
5. Preparing Disclosure 18
6. Prosecutor's Review and Powers to Withdraw 19
7. First Appearance and Arraignment 21
8. Hiring a Lawyer 22
9. Obtaining and Reviewing Disclosure 22
10. Negotiations with the Prosecutor 22
11. Judicial Pre-trials and Trial Management Conferences 23
12. Scheduling a Case for a Plea or Trial 23
13. Guilty Plea 23
14. Preparing for Trial 23
15. Trial 24
16. Sentencing 24
17. Serving a Sentence 24
18. Appeals 24
4 APPEARANCE NOTICE, ARREST, CHARGE,
AND LAYING THE INFORMATION 26
1. Fingerprints 27
Contents v
2. Laying the Information: The Charging Document 27
3. Private Informations and Private Prosecutions 27
5 BAIL, CONDITIONS, AND GETTING
CONDITIONS CHANGED 29
1. A Brief Introduction to the Ways an Accused May Be Released 29
2. Conditions 30
3. Conditions That May Be Imposed by a Police Officer
on an Undertaking 30
4. Conditions That May Be Imposed by a Justice of the Peace or Judge 32
5. Release on Consent and Bail Hearings 33
6. The Importance of Following Conditions 34
7. Getting Conditions Changed after a Release by a Police Officer 34
6 FAILING TO APPEAR, WARRANTS, AND
GETTING WARRANTS RESCINDED 38
1. Warrants 38
2. What If the Accused Cannot Attend Court? 39
3. What If a Bench Warrant Has Been Issued? Can It Be Rescinded? 40
7 PRE-TRIAL PROCESS, ADJOURNMENTS,
AND CASE MANAGEMENT 42
1. Understanding the Pre-trial Process 42
2. How the Pre-trial Process Ends 42
3. Purpose of the Pre-trial Process 43
4. What Courts Expect the Accused to Do during the Pre-trial Process 43
5. Applying for Legal Aid and Other Free Legal Services 44
6. Reviewing Disclosure 46
7. Negotiating with the Crown 47
8. Judicial Pre-trials 47
9. Conclusion: What Accused Persons Are Expected to Do
During the Pre-Trial Process 47
8 PROSECUTOR'S ELECTION AND MODES OF TRIAL 48
1. Prosecutor's Election: Summary or Indictable 48
2. Classes of Offence 49
3. Summary Conviction Offences 49
4. Hybrid Offences 49
5. Indictable Offences 49
6. Accused's Election as to Mode of Trial 50
7. Preliminary Inquiry 50
9 DISCLOSURE 51
1. Obtaining Disclosure 51
2. Reviewing Disclosure 52
3. What the Court Expects 52
10 PLEAS AND WHAT THEY MEAN 53
1. The Plea 53
2. Guilty Plea 53
3. Reading in and Admitting the Facts 55
4. Not Guilty Plea 56
5. Plea to Lesser and Included Offence 56
6. Plea to Another Offence 57
7. Plea to Non-Criminal Code Offence 57
8. Special Pleas 58
11 RESOLUTIONS AND SENTENCES 59
1. Ending a Charge without Any Plea 59
2. Admission to Something Other than a Criminal Code Offence 61
3. Sentencing Options after a Plea of Guilty 62
4. Other Sentences 69
12 COLLATERAL ORDERS 70
1. No-Contact Orders 70
2. Distance Limitations 71
3. DNA 72
4. Weapons or Firearms Prohibitions: s. 109 or 110 73
5. Firearms Forfeiture: s. 491 73
6. Sexual Offender Registries: s. 490.011 74
7. Orders Relating to Offences on Children: s. 161 74
8. Fraud or Financial Crime Orders: s. 380.2 74
9. Victim Fine Surcharges: s. 737 74
10. Restitution s. 737.1, 738 75
11. Forfeiture Orders 75
13 SEARCH WARRANTS AND PRODUCTION ORDERS 76
14 PLEA RESOLUTION DISCUSSIONS 78
1. Before Speaking to the Prosecutor 79
2. Making an Appointment with the Prosecutor 79
Contents vii
3. Negotiating with a Prosecutor when an Accused
Cannot Arrange a Meeting 79
4. Plea Resolution Discussions with the Prosecutor 80
5. Plea Agreements 82
6. Trial Management Discussions 82
15 JUDICIAL PRE-TRIAL HEARINGS, CASE MANAGEMENT,
AND TRIAL MANAGEMENT CONFERENCES 83
1. Judicial Pre-trials 84
2. Case Management or Trial Management Conferences 85
3. Endorsements 87
16 GUILTY PLEA PROCESS 89
1. Calling the Case 89
2. Amending the Charges 91
3. Arraignment 91
4. Plea Inquiry 92
5. Reading in of the Facts 93
6. Accused's Acceptance or Disagreement with the Facts 94
7. Judge's Finding 94
17 PREPARING FOR TRIAL 95
1. Reviewing Disclosure 95
2. Gathering Evidence 97
3. Preparing Documents and Exhibits 97
4. The Subpoena: How to Get Your Witness to Come to Court 97
5. Preparing a Witness 98
6. Cross-examining Prosecution Witnesses 98
7. Conclusion 100
18 TRIAL PROCESS 101
1. Proving a Charge 102
2. Judge's Role in Assisting the Accused 103
3. Calling the Case 103
4. Amending the Charges 103
5. The "Not Guilty" Plea 104
6. Orders 104
7. Opening Statement for the Crown 105
8. Filing, or Advising the Court of Agreed Evidence 105
9. The Prosecution (Crown) Leads Its Case 105
10. Closing of the Crown's Case 107
11. Defence Decision to Call, or Not to Call, Evidence 108
12. Opening Statement for the Accused 108
13. Defence Presents Its Case 108
14. Closing Submissions 109
15. Verdict 109
16. Trials by Jury 110
19 EXAMINING/QUESTIONING WITNESSES IN A TRIAL 111
1. Direct Examination: Open-Ended Questions 111
2. Cross-Examination: Leading Questions 112
3. How to Form Questions for Witness Examination 112
4. Trial Behaviour 114
5. Research on Trial Techniques 114
20 SENTENCING 115
1. Purpose and Principles of Sentencing 115
2. Evidence Filed during Sentencing 118
3. Sentencing Submissions 121
4. Judge's Decision 121
21 RULES OF EVIDENCE 122
1. Relevance 123
2. Hearsay Evidence 123
3. Opinion Evidence 124
4. Exhibits 125
5. Confessions Rule: Accused Person's Statement 126
6. Character Evidence 126
7. Alibi 127
8. Objections 127
9. Evidentiary Applications 128
10. Voir Dires 128
22 CANADIAN CHARTER OF RIGHTS AND FREEDOMS 130
1. Bringing a Charter Application 130
2. Common Charter Sections Relied on in Criminal Cases 131
3. Rights on Arrest or Detention 132
4. Fair Trial Rights 133
5. Cruel and Unusual Punishment 134
Contents ix
6. The Right against Self-Incrimination for Witnesses 135
7. Right to an Interpreter 135
8. Equality Rights 135
9. Remedies 136
10. Conclusion 136
23 MENTAL DISORDERS IN THE ACCUSED 137
1. Not Criminally Responsible (NCR) and Fitness to Stand Trial 137
2. Mental Health Assessments Under s. 672.11 138
3. Procedure to Address Fitness to Stand Trial 138
4. Procedure for an NCR verdict 139
5. Mental Health Issues Short of Fitness or NCR 139
6. Places to Seek Help 140
24 PEACE BOND APPLICATIONS 141
1. The Peace Bond 141
2. Swearing a Peace Bond Information 142
3. The Peace Bond Hearing 142
4. Breach of Peace Bond 143
25 HIRING AND WORKING WITH A LAWYER 144
1. Selecting a Lawyer 144
2. Retaining a Lawyer 145
3. Paying for a Lawyer 145
4. Solicitor-Client Relationship 146
5. Ending the Relationship with a Lawyer 147
26 RESEARCHING THE LAW AND YOUR CASE 148
1. Common-Law Legal System 149
2. Key Legislative Documents 149
3. Case Law 150
4. Textbooks 151
5. Researching 151
6. Observing to Learn 152
27 WITNESSES 153
1. A Witness's Job in Court 153
2. Dealing with Witness Anxiety 154
3. Preparing the Witness to Testify 154
4. Testifying 154
5. Impeachment and Perjury 156
6. Conclusion 156
28 VICTIMS AND VICTIMS' RIGHTS 157
1. The Prosecutor 157
2. Canadian Victims Bill of Rights, 2015 s.c.c. 13 158
3. Publication Bans 158
4. Testimonial Aids - Screens and Video Testimony:
s. 486.1, s. 486.2 159
5. Appointment of Counsel for Cross-Examination: s. 486.3 159
6. Rights to Representation in Sexual Offence Cases 160
7. Rights to Representation in Third Party Records Cases 160
8. Rights at Sentencing 160
29 YOUNG ACCUSED PERSONS 161
1. Procedural Differences 161
2. Court Appointment of Counsel 161
3. Youth Sentenced as an Adult 162
4. Notices to Parents 162
5. Sentencing of Youths 162
6. Youth Records and Adult Criminal Records 170
CONCLUSION 171
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