A criminal case in Ontario generally moves through a series of recognizable stages, from an arrest or charge through to a final resolution. No two cases look exactly alike, and not every case involves every step described here, but understanding the general shape of the process can make it easier to know what to expect. This page is a map to the detailed, stage-by-stage guides on this site. It is general information only and does not replace advice from a criminal lawyer about a specific case.
The Four General Stages
For the purposes of this site, the process is organized into four broad stages: what happens before court (the period right after an arrest or charge), preparing a case (once the matter is before the court and the parties are gathering and reviewing evidence), trial (where a case that has not resolved earlier is decided), and what happens after court (sentencing, appeals, and the longer-term consequences of a criminal record). These stages are a useful way to organize information, but a real case does not always move through them in a strictly straight line. Some steps happen out of order, some are skipped entirely, and a case can move back and forth between stages, for example if new disclosure prompts fresh resolution discussions after an earlier attempt to resolve the matter did not succeed.
Having a lawyer involved as early as possible generally helps regardless of which stage a case is at. A lawyer who understands the full arc of the process can help make sure decisions made early, such as how to respond to a bail hearing or what to request in disclosure, are made with an eye to how they might affect later stages, rather than in isolation. This is one of the reasons getting legal advice promptly after an arrest or charge is so often repeated throughout this site.
Before Court
The process generally begins with an arrest and a decision about release, covered in our guides to arrest and release and bail and release more broadly. Getting legal advice as early as possible matters a great deal at this stage, whether through finding a lawyer, Legal Aid Ontario, or duty counsel. A person will then be given a date for a first court appearance, generally an early, administrative step, at a specific courthouse (see our overview of Ontario's court structure if you're unsure which court handles your matter).
Preparing a Case
Once a case is underway, the defence generally requests disclosure of the evidence gathered by police, while the Crown conducts its own ongoing review, sometimes called Crown screening. A lawyer should be consulted for legal advice throughout this stage. Many cases involve resolution discussions between Crown and defence, and some involve a formal judicial pretrial. Where a legal issue needs to be argued before trial, such as a Charter challenge, that generally happens through pretrial applications and motions. Our overview of witnesses and evidence introduces the basic building blocks a case is ultimately built on.
Not every case goes to trial. Many are resolved earlier, through a guilty plea or a withdrawal of the charge, once disclosure has been reviewed and the realistic options have been discussed with a lawyer.
Trial
Where a case proceeds to trial, several general concepts apply across most matters: the offence's classification as summary, indictable, or hybrid; whether the matter is heard by a judge alone or by a judge and jury; the Crown's burden of proof; how testifying and cross-examination generally work; and the possible verdicts a court can reach. Our broader guides to how criminal trials work and your rights during trial tie these pieces together.
After Court
If a case ends in a finding of guilt, whether by plea or after trial, it moves to a sentencing hearing. Ontario courts have a range of sentencing options available depending on the case, including probation, fines, restitution, conditional sentences, and custody. Our sentencing overview explains the general principles courts apply. After sentencing, a person may consider an appeal, and, over time, may become eligible for a record suspension, covered in our criminal records overview.
Canadian law also recognizes a general right to be tried within a reasonable time, and courts apply specific frameworks for assessing whether delay in a particular case has become unreasonable, as explored in our guide to pretrial applications. That said, there is no fixed timeline that applies to every case, and factors such as the complexity of the evidence, the court's schedule, and decisions made by both the Crown and the defence can all affect how long a matter takes to resolve.
Full Court Process Directory
Before Court
Preparing a Case
Trial
Frequently Asked Questions
How long does a criminal case take in Ontario?
There is no single, fixed timeline. Some cases resolve within a few months, while more complex or heavily contested matters can take considerably longer.
Does every case go to trial?
No. Many cases are resolved earlier, through a guilty plea, a withdrawal, or another form of resolution, once disclosure has been reviewed and discussed with a lawyer.
What is the difference between a judge-alone trial and a jury trial?
A judge-alone trial is decided by a judge sitting without a jury, while a jury trial involves a jury deciding the facts. See our guides to judge-alone trials and jury trials for more detail.
What happens after someone is found guilty?
The case moves to a sentencing hearing, where the court decides an appropriate sentence based on the offence and the circumstances. See our sentencing overview.
Can a conviction be appealed?
Yes, in many cases, subject to specific grounds and time limits. See our guide to appeals in Ontario for more detail.