If a criminal case is not resolved earlier, it may proceed to trial. Understanding the general structure of a criminal trial in Ontario, in plain language, can make the process feel less unfamiliar, whether you are the person facing the charge, a witness, or a family member supporting someone through the process. This guide is general information only and does not replace advice from a criminal lawyer about a specific trial.
What Is a Criminal Trial?
A criminal trial is the process by which a court decides whether the Crown has proven, beyond a reasonable doubt, that an accused person committed the offence they are charged with. Unlike a first appearance or a bail hearing, a trial involves the presentation of evidence, and it is where the substance of a criminal case is ultimately decided if it has not resolved earlier through a guilty plea or a withdrawal of the charge.
Trials can be relatively short, particularly for less complex matters with few witnesses, or can extend over multiple days or longer for more complex cases involving extensive evidence. The general structure, however, tends to follow a similar pattern regardless of length.
Judge-Alone vs. Jury Trials
Some criminal trials in Ontario are heard by a judge alone, who decides both questions of law and questions of fact, including whether the Crown has proven its case. Others are heard by a judge and jury, where the jury generally decides the facts, including the ultimate verdict, while the judge decides questions of law and instructs the jury on the law that applies.
Whether a trial is heard by a judge alone or a judge and jury depends on the type of offence and, in some circumstances, an election made by the accused person. This is a significant strategic decision that a lawyer will discuss in detail, since it can affect many aspects of how a trial unfolds.
How Long Until a Trial Date
The time between a charge being laid and a trial actually taking place can vary considerably, depending on the complexity of the case, the availability of court time, and decisions made by the Crown and defence along the way. In general, a trial date is not set immediately after a charge; it is generally scheduled after earlier steps such as disclosure review, judicial pretrials, and any pretrial applications have taken place.
Canadian law recognizes a general right to be tried within a reasonable time, reflecting the principle that unresolved criminal charges should not hang over a person indefinitely. How that principle applies to a specific case, including whether a delay might raise a legal issue, is a detailed legal question that a lawyer can assess based on the timeline of the specific case.
The Burden of Proof and Presumption of Innocence
A central principle of Canadian criminal law is that an accused person is presumed innocent unless and until the Crown proves guilt beyond a reasonable doubt. This means the accused does not need to prove their innocence. The burden rests entirely on the Crown to present enough evidence to satisfy the court, to a very high standard, that the offence was committed by the accused person.
"Beyond a reasonable doubt" is a demanding standard, higher than the standard used in civil lawsuits. If, after considering all the evidence, the court or jury has a reasonable doubt about guilt, the result must be an acquittal, even if there is some suspicion or possibility that the person committed the offence.
The presumption of innocence and the burden of proof are not technicalities. They reflect a deliberate choice in Canadian law to make it difficult to convict someone, in order to reduce the risk of wrongful convictions.
Who's Who in the Courtroom
A criminal trial generally involves a judge, who presides over the proceeding and ensures it is conducted fairly and according to law, and a Crown attorney, who presents the case against the accused. The accused person is generally represented by their own defence lawyer, whose role is to test the Crown's evidence, present any defence evidence, and make legal arguments on the accused person's behalf.
Depending on the case, witnesses may be called by either the Crown or the defence to give evidence, and a court reporter or recording system generally creates an official record of the proceeding. If the trial involves a jury, the jury members are also present throughout, listening to the evidence and ultimately deciding the verdict.
Court staff, including clerks and registrars, generally manage the practical administration of the courtroom, such as marking exhibits and keeping the proceeding on schedule. Security officers are also generally present to maintain order in the courtroom, which is a routine feature of criminal proceedings rather than an indication of anything unusual about a particular case.
The General Structure of a Trial
While the specifics vary, criminal trials generally follow a broadly similar structure: the Crown presents its case first, calling witnesses and presenting evidence intended to prove the charge. The defence has the opportunity to cross-examine each Crown witness. Once the Crown's case is complete, the defence may choose to call evidence of its own, though it is not required to do so, given that the burden of proof rests with the Crown throughout.
After all the evidence has been presented, both sides generally make closing submissions, summarizing the evidence and explaining why the court should reach a particular conclusion. The judge, or the jury following the judge's instructions on the law, then decides on a verdict based on the evidence presented.
In a jury trial, the judge generally gives detailed instructions to the jury before deliberations begin, explaining the relevant law, the elements the Crown must prove, and how to approach assessing the evidence. These instructions are a critical part of the process, since they frame how the jury is meant to evaluate everything it has heard during the trial.
Does the Accused Have to Testify?
No. An accused person has the right not to testify at their own trial, and choosing not to testify cannot be used as evidence of guilt. Because the burden of proof rests entirely with the Crown, the defence is never required to prove anything, including through the accused person's own testimony.
Whether an accused person should testify in a specific case is a significant strategic decision made together with a lawyer, based on factors such as the strength of the Crown's evidence, the availability of other evidence, and how the person is likely to present under cross-examination. There is no general rule that applies to every case.
Cross-Examination
Cross-examination is the process by which a lawyer questions a witness called by the other side, generally with the goal of testing the reliability of their evidence, highlighting inconsistencies, or drawing out information favourable to their client's position. Cross- examination is a core part of how the adversarial trial process is designed to test the evidence presented.
For witnesses, cross-examination can feel confrontational, even when a lawyer is behaving entirely properly. Understanding that this is a normal, expected part of the trial process, and not a personal attack, can help witnesses prepare for what to expect. Our page for victims and witnesses covers this from that perspective.
Objections and Rulings on Evidence
During a trial, a lawyer may object to a question or piece of evidence on legal grounds, such as relevance or fairness, and the judge will generally rule on whether the objection is valid. These rulings shape what evidence the court or jury ultimately considers. This process can appear technical to an observer, but it exists to make sure only appropriate, reliable evidence is considered in reaching a verdict.
Publication Bans During Trial
In some criminal cases, a court may impose a publication ban, which generally restricts what details of the proceeding, such as the identity of a complainant or witness, can be reported by the media or shared publicly. Publication bans are more common in certain types of cases, such as those involving sexual offences or young people, and are meant to protect specific interests recognized by law, such as the privacy of a complainant or witness.
A publication ban does not generally close the courtroom to the public; it restricts what can be published or broadcast about the proceeding. Anyone attending a trial subject to a publication ban should understand its scope, since violating a publication ban can itself be a legal issue, separate from the underlying criminal case.
Reaching a Verdict
Once all the evidence and submissions have been presented, a judge-alone trial concludes with the judge delivering a verdict, sometimes immediately and sometimes after a period of deliberation. In a jury trial, the jury deliberates privately and must generally reach a unanimous verdict. If a jury cannot agree, this can result in what is called a hung jury, which may lead to a new trial being scheduled.
A judge delivering a verdict will often provide reasons explaining the basis for the decision, particularly in more complex cases, addressing how the evidence was assessed and how it relates to the elements the Crown needed to prove. A jury, by contrast, generally delivers only the verdict itself, without publicly explaining its reasoning, since jury deliberations are confidential.
If the Result Is a Finding of Guilt
If the result of a trial is a finding of guilt, the case generally proceeds to a sentencing stage, similar to what happens after a guilty plea. Our overview of criminal sentencing in Ontario explains this stage. A person found guilty after trial generally also has the option of appealing the conviction, discussed in our overview of the court process directory.
Sentencing after a trial can happen immediately, if both sides are prepared to proceed, or on a later date to allow time for materials such as a pre-sentence report. The same general sentencing principles apply whether a finding of guilt results from a trial or a guilty plea, although the fact that a matter proceeded to trial is one of many considerations a court may take into account.
If the Result Is an Acquittal
If the result is an acquittal, the person is found not guilty, and the case concludes on that charge. Release conditions connected to that charge generally come to an end at that point. The Crown has limited and generally narrow avenues to appeal an acquittal, and those avenues are legally specific rather than a routine part of the process.
An acquittal means the Crown did not prove the charge beyond a reasonable doubt, though it is generally not the same, legally, as an official finding that nothing happened. This distinction can matter in other contexts outside the criminal case itself, and a lawyer can explain how an acquittal may be relevant, for example, in a separate civil or family law matter, where a different legal standard applies.
Preparing for Trial
Preparing for trial is a significant undertaking that a lawyer generally manages closely with their client, including reviewing disclosure in detail, identifying witnesses, preparing questions for cross-examination, and discussing whether the accused person will testify. Preparation often takes place over an extended period before the trial date itself.
For an accused person, practical preparation can also include understanding the courtroom process, knowing what to expect on the day, and arranging time off work or childcare for what may be a multi-day proceeding. A lawyer can help set expectations for how long a specific trial is likely to take.
In the days leading up to trial, a lawyer will generally confirm which witnesses have been secured, finalize any outstanding legal arguments, and review the overall strategy one more time with their client. This final stage of preparation is meant to reduce surprises once the trial actually begins, though some degree of unpredictability is inherent to any trial process.
Frequently Asked Questions
What is the difference between a judge-alone trial and a jury trial?
In a judge-alone trial, a judge decides both the facts and the law. In a jury trial, a jury generally decides the facts and reaches the verdict, guided by the judge's instructions on the law.
Do I have to testify at my own trial?
No. You have the right not to testify, and choosing not to cannot be used as evidence of guilt. Whether to testify is a strategic decision made with your lawyer.
What does "beyond a reasonable doubt" mean?
It is a very high legal standard the Crown must meet to secure a conviction. If the court is left with a reasonable doubt after considering all the evidence, the result must be an acquittal.
How long does a criminal trial take?
This varies widely depending on the complexity of the case and the number of witnesses. Some trials conclude in a single day, while others take considerably longer.
Can a verdict be appealed?
Generally, yes, subject to specific legal requirements. Our overview of the court process directory touches on appeals, and a lawyer can advise on whether an appeal is realistic in a specific case.
What is a publication ban?
A publication ban generally restricts what can be publicly reported about a case, such as a complainant's identity, though it does not usually close the courtroom itself to the public.
How soon after being charged does a trial happen?
This varies considerably and depends on the complexity of the case and court scheduling. Earlier steps, such as disclosure and pretrial applications, generally happen before a trial date is reached.