Once police lay a criminal charge in Ontario, the file does not simply move forward on its own. At some point, usually around the time of the first court appearance, a Crown Attorney reviews the file to decide whether the prosecution should continue as laid, be modified, or be withdrawn. This review is generally called Crown screening, and it is one of the more important, if less visible, steps in a criminal case. This guide explains what Crown screening generally involves in Ontario, the test the Crown applies, and what can result from it. It is general information only and is not legal advice about a specific case.
Many people assume that once police have laid a charge, the case is fixed and will proceed exactly as charged unless a trial changes the outcome. In practice, Crown screening means that is not necessarily true. A charge can be screened out, narrowed, or otherwise changed well before any trial takes place, based on the Crown's independent review of the file.
What Is Crown Screening?
Crown screening refers to the process by which a Crown Attorney reviews the evidence behind a laid charge and decides whether the prosecution should continue, and if so, on what charges. It is a distinct role from that of the police, who investigate and decide whether to lay a charge in the first place. The Crown does not investigate the offence; instead, the Crown independently assesses the file the police have put together and applies a legal test to decide whether pursuing the matter through the courts is appropriate.
This screening function exists because deciding whether to prosecute, and on what charges, is considered a distinct legal and public-interest judgment, separate from the police decision to lay a charge based on reasonable grounds. The Crown's screening role is meant to provide an additional, independent check on whether a prosecution should go forward.
Ontario Is a Post-Charge Screening Jurisdiction
Canada does not use one uniform approach to charge screening across every province. Some provinces, including British Columbia, Quebec, and New Brunswick, use pre-charge screening, where the Crown reviews a proposed charge and must approve it before police formally lay it. Ontario, by contrast, is generally a post-charge screening jurisdiction: police lay the charge first, based on their own assessment of reasonable grounds, and the Crown then screens the file afterward, typically before or around the first court appearance.
This distinction matters because it means that, in Ontario, an accused person can be formally charged and appear in court before the Crown has completed a full review of whether the prosecution should continue. The screening review generally happens in the background as the case moves through its early stages, rather than as a gate that must be passed before a charge is laid.
Ontario's post-charge model has attracted public discussion and criticism, including concerns that it can contribute to court backlogs when charges are later withdrawn or reduced after screening. Ontario's Ministry of the Attorney General has at various points examined whether to move toward a pre-charge model, though as of this writing Ontario continues to operate on a post-charge basis. A lawyer can advise on how the current practice applies to a specific case and courthouse.
The Test the Crown Applies
Ontario Crown Attorneys generally apply a two-part test when deciding whether a prosecution should continue, commonly described using the terms reasonable prospect of conviction and public interest. Both parts of the test are addressed in the Crown Prosecution Manual that guides Ontario Crown counsel, and similar language appears in federal prosecution policy as well. The two parts are applied in sequence, not independently.
Reasonable Prospect of Conviction
The first question the Crown asks is whether there is a reasonable prospect of conviction based on the evidence available. This standard is generally described as higher than simply having some evidence on each element of the offence, but it does not require the Crown to conclude that a conviction is more likely than not. It sits, in effect, between those two points, and calls for the exercise of prosecutorial judgment about the evidence, its likely admissibility, the credibility of witnesses, and any defences that appear reasonably available.
If the Crown concludes there is no reasonable prospect of conviction, the analysis generally ends there. No matter how serious the allegation or how strong the public interest in prosecuting it might otherwise be, the Crown Prosecution Manual is clear that a prosecution should not proceed without a reasonable prospect of conviction on the evidence.
The Public Interest Factor
Only once the Crown is satisfied there is a reasonable prospect of conviction does the second question arise: whether continuing the prosecution is in the public interest. Public interest factors can include the seriousness of the alleged offence, the circumstances of the person charged, whether the harm was significant, the availability of alternatives such as diversion in appropriate cases, and broader considerations about the proper use of court resources. This assessment is fact-specific, and different Crown Attorneys can reasonably weigh these factors somewhat differently on similar facts.
It is worth underlining that public interest is a separate question from strength of evidence. A case can pass the reasonable-prospect-of-conviction threshold and still raise real public-interest questions about whether it is the right use of the court's and the Crown's resources, particularly for less serious matters where alternatives to prosecution may exist.
Crown screening is an internal Crown decision, not something the defence formally applies for. That said, defence counsel can and often does provide information and submissions to the Crown that are relevant to how the file is screened, particularly around the public-interest factors.
What Can Happen at This Stage
Crown screening can lead to several different outcomes, and it is useful to understand that none of them are automatic:
- The charge proceeds as laid. The Crown concludes the test is met and the prosecution continues on the original charge or charges.
- The charge is withdrawn. The Crown concludes the test is not met, often because the evidence does not support a reasonable prospect of conviction, or because continuing is not in the public interest, and the charge is not pursued further.
- The charge is reduced or amended. The Crown may proceed on a lesser or different charge than what police originally laid, where the evidence better supports that charge, or as part of resolution discussions with defence counsel.
- The matter is diverted. In some cases, particularly less serious ones involving a person with no significant record, the Crown may support an alternative to the traditional court process where available.
None of these outcomes happen automatically, and there is no fixed timeline that guarantees a decision by any particular court date. A lawyer reviewing the file, including disclosure once it is available, is often in the best position to raise screening-related issues directly with the Crown.
When Screening Generally Happens
Screening is not a single formal event with a scheduled hearing. It generally happens as Crown counsel becomes assigned to and reviews a file, which can be before the first appearance, at the first appearance, or over the course of the early appearances that follow, particularly as disclosure is completed and reviewed. Complex or more serious matters can take longer to screen thoroughly than straightforward ones.
Because screening is ongoing rather than a single checkpoint, a decision the Crown makes at an early appearance is not necessarily the final word. As more evidence becomes available, or as defence counsel raises specific concerns, the Crown's assessment of the file can change over the life of the case.
The Role of Defence Counsel
Defence counsel plays an important role in the practical experience of Crown screening, even though the ultimate decision belongs to the Crown. A lawyer who reviews the disclosure carefully and identifies weaknesses in the evidence, procedural issues, or public-interest considerations relevant to a client's circumstances is often able to raise those points directly with the Crown, which can influence whether a charge continues as laid, is reduced, or is withdrawn. See our guide to disclosure for more on reviewing the Crown's evidence, and our guide to resolution discussions for how these conversations can lead to a negotiated outcome.
People without a lawyer can still benefit from screening decisions the Crown makes on its own initiative, but they are generally not in as strong a position to advocate for a particular outcome at this stage. Getting legal advice early, even a single consultation, can help identify whether there are screening-related arguments worth raising in a specific case. See our guide to getting legal advice for more on this.
Screening Is Not Necessarily a One-Time Event
Because new information, additional disclosure, or changed circumstances can come to light as a case proceeds, Crown screening is best understood as an ongoing responsibility rather than a single decision made and then forgotten. A Crown Attorney assigned to a file later in the process, including one appearing at a judicial pretrial, may revisit an earlier assessment in light of new information. This is one more reason why staying engaged with a lawyer throughout a case, rather than only at the outset, tends to produce the best outcomes.
Frequently Asked Questions
Does the Crown have to approve a charge before police lay it in Ontario?
Generally, no. Ontario is a post-charge screening jurisdiction, meaning police lay charges based on their own assessment, and the Crown reviews the file afterward. This differs from some other provinces that use pre-charge screening.
What test does the Crown use to decide whether to continue a prosecution?
Ontario Crown counsel generally apply a two-part test: whether there is a reasonable prospect of conviction based on the evidence, and, if so, whether continuing is in the public interest.
Can a charge be withdrawn just because of Crown screening?
Yes. If the Crown concludes the reasonable-prospect-of-conviction or public-interest parts of the test are not met, the charge can be withdrawn without a trial taking place.
How long does Crown screening take?
There is no fixed timeline. It can happen quickly in straightforward cases or take longer in complex matters, particularly while disclosure is still being completed.
Can my lawyer contact the Crown about screening my case?
Yes. Defence counsel routinely communicates with the Crown, including raising evidentiary or public-interest points relevant to whether a charge should continue as laid.
Is Crown screening the same as a resolution discussion?
No. Screening is the Crown's own independent review of whether to proceed with a charge. Resolution discussions are negotiations between the Crown and defence about how a case might be resolved. The two can overlap in practice but are conceptually distinct.
Does a withdrawn charge mean I am found not guilty?
No. A withdrawal generally means the Crown is not proceeding with the charge; it is not a trial verdict. The legal and practical effects of a withdrawal can vary, and a lawyer can explain what it means for a specific case, including for a criminal record.