Initial Court Appearance

How It Works

Overview of the Initial Court Appearances

Definition:

The initial court appearances are the first time the Accused person appears before a Judge or a court official after being charged with a crime. This appearance is a critical step in the legal process and sets the stage for how the case will proceed. The case will typically go before a Justice of the Peace at the Court Case Management Office (CMO) or in the Court of Justice at what is referred to as the “docket phase”, or the administrative appearances. The charges can be formally read at this time, and you will be provided the chance to elect as to whether you wish to be tried in English or French (your language rights). These are the appearances where a long list of people accused of crimes appear themselves, or are represented by counsel and advise the Court where the matter is in the process, so the court can monitor the case to assure that it moves through the criminal system at an adequate pace. During this time, it is critical to get a lawyer, to appear on your behalf and make strategic decisions at the earliest available opportunity. During these appearances, counsel will request disclosure (the case against you) and can begin preliminary negotiations with Crown Counsel in hopes of obtaining the earliest possible resolution, in advance of entering a plea. It is not uncommon for these matters to go over for several weeks, or even months to determine whether the case can be resolved before a plea of guilty or not guilty must be entered. Canadian Courts have a mandate pursuant to the Supreme Court Decision in R. v. Jordan, 2019, to have matters move along as expeditiously as possible. Therefore, conferring with a lawyer as soon as possible is in your best interests to preserve your rights, and make the best tactical decisions on your behalf at the earliest opportunity.

Purpose of the Initial Court Appearance

Informing the Accused:

  • Charges and Allegations: The primary purpose is to formally inform the accused of the charges against them. The police will detail the nature of the allegations and provide a copy of the charging documents for you to provide your lawyer.

  • Legal Rights: You are presumed innocent unless or until you are found guilty after an admission of the allegation(s), or after a trial where evidence is heard. You have the right to counsel of choice at the time of arrest and when going to court. You have the right to make full answer and defence to the allegations against you at all times. You will never have to prove your innocence or say anything in court, unless it is strategically advised, and you choose to do so. The burden of proof is always on the Crown, and this onus rarely shifts. You have the right to life, liberty and security of the person pursuant to section 7 of the Canadian Charter of Rights and Freedoms, and inherent within this entrenched right, is the right to remain silent. It is vital to choose the right lawyer in order to assist in advancing these rights in an adversarial process where the scales of resources are tipped against you.

Setting the Legal Process in Motion:

  • Court Scheduling: The initial appearance establishes the schedule for future court dates, including potential hearings, trials, or pre-trial motions.

  • Bail Considerations: The court may address bail conditions or release options at this stage.

Key Components of the Initial Court Appearance

    • Charge Details: The court formally reads the charges to the accused. This involves outlining the specific criminal offences the accused is alleged to have committed.

    • Understanding the Charges: The accused is given an opportunity to understand the nature of the charges, often with the assistance of their legal counsel.

    • Types of Pleas: The accused is required to enter a plea regarding the charges. The possible pleas are:

      • Guilty: The accused admits to the charges and acknowledges their responsibility for the alleged offence.

      • Not Guilty: The accused denies the charges and contests the allegations. The case will proceed to further legal proceedings, such as a trial.

      • Pre-Trial Resolution: It is possible for your lawyer and the Crown to engage in resolution discussions, which could be more favourable then the initial crown position. This can take time, but there are many diversion programs and out of court resolutions that are possible throughout the course of the proceedings.

    • Implications of the Plea: The plea entered can significantly influence the next steps in the legal process, including potential negotiations or trial scheduling.

    • Bail Considerations: If the accused is in custody, the court may conduct a bail hearing to determine whether they can be released pending trial and under what conditions.

    • Factors Considered: The court evaluates factors such as the accused’s flight risk, the likelihood of reoffending, and public safety. Bail conditions may include restrictions on travel, contact with certain individuals, or regular check-ins with authorities.

    • Right to Counsel: The accused is informed of their right to legal representation. If they do not have a lawyer, they may be given information on how to obtain legal counsel.

    • Legal Aid: For those who cannot afford a lawyer, the court may provide information on legal aid services or appoint a duty counsel to assist.

    • Next Court Dates: The court schedules future hearings, including preliminary inquiries, pre-trial motions, or trial dates. These dates are set based on the complexity of the case and the availability of the court and legal representatives.

    • Pre-Trial Conferences: In some cases, pre-trial conferences may be scheduled to discuss the case, explore potential resolutions, or address any procedural issues.

Securing Your Release

Learn More About Bail Hearings

A bail hearing is a critical step in the criminal justice process where the court decides whether you will be released from custody while awaiting trial. Understanding your rights and the factors that influence bail decisions is essential.

Click the link below to learn more about how bail hearings work and how Ryan Patmore can help secure your release.

Possible Outcomes of the Initial Court Appearance

1. Case Resolution:

  • Plea Agreement: In some cases, the initial appearance may result in a plea agreement or settlement, particularly for less serious offences. This could lead to a resolution without a full trial.

  • Adjournment: The court may adjourn the case to allow time for further preparation, investigation, or legal motions. An adjournment may result in additional court appearances or the scheduling of a trial.

2. Continued Proceedings:

  • Preliminary Hearing: For more serious charges (Indictable Offences), the case may proceed to a preliminary hearing to determine if there is enough evidence to go to trial. If the accused person is committed to stand trial, the case will proceed to trial in superior court, either before a judge and jury, or a judge alone. Preliminary hearings can be advantageous, because they could help resolve a number of issues and counts to refine the issues if the matter proceeds to trial. The Crown may confer with the Attorney General to proceed by “Direct Indictment.” This means that even if the accused elects to have a preliminary hearing, the Crown can, in certain circumstances issue a direct indictment stating that the case proceed directly to trial in Superior Court. You must be tried within 30 months if your case is heard in Superior Court, so oftentimes it comes down to issues of timing, and witness availability or vulnerability.

  • Trial Preparation: If the case is not resolved at the initial appearances, the accused must enter a plea (guilty or not guilty). If the accused pleads not guilty, the case moves forward to the trial phase, where evidence will be presented, and a determination of guilt or innocence will be made. The Accused is presumed innocent at all times, and any benefit of a reasonable doubt as to the Accused’s guilt, will result in his/her favour with an acquittal. If the accused is found guilty, the case will move forward to the sentencing phase, where counsel applies the law and the facts to convince the judge of the desired resolution. See the section on sentencing for more information.

Role of the Defence Lawyer

1. Legal Advice and Representation:

  • Counsel’s Role: The defence lawyer plays a crucial role in advising the accused on their legal rights, potential pleas, and the implications of each option. They ensure that the accused’s interests are protected and that they receive a fair hearing.

  • Bail Representation: If a bail hearing is conducted, the defence lawyer advocates for the accused’s release and negotiates bail conditions.

2. Case Strategy:

  • Preparation: The defence lawyer begins preparing for the case, including reviewing evidence, formulating defence strategies, and addressing any legal issues that arise during the initial appearance.

Importance of the Initial Court Appearance

1. Setting the Stage:

  • Foundation for the Case: The initial court appearance is critical in setting the foundation for the legal proceedings. It establishes the formal process and ensures that both the accused and the court are informed of the charges and next steps.

  • Ensuring Fairness: It ensures that the accused’s rights are respected and that they have an opportunity to respond to the charges and seek legal counsel.

2. Legal Rights:

  • Protecting Rights: The appearance safeguards the accused’s legal rights and ensures that they are informed of the charges and the legal process.