Court Dates
Whether you are facing charges while detained in jail or released on bail, the court dates and case progression are similar. The following is a brief plain-language breakdown of what each step is.
Parents and Court
If your parent or a responsible adult does not come to court with you, the judge or justice of the peace may give a formal order for them to come to your next court date. Your parent or responsible adult will usually get copies of any reports prepared during your case, including:
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medical reports
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psychological reports
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pre-sentence reports
Before you are sentenced, the judge must give your parent or responsible adult a chance to tell the judge what they think about your sentencing.
Bail Hearing
You will have a bail hearing if police refuse to release you from the station. A bail hearing is like a mini-trial about whether to release you from custody or not while you deal with the accusations against you. It is not about whether you are guilty of the charge or charges against you.
Bail hearings are an important moment in your overall charges – a decision to keep you in detention has lasting impacts on your health and the outcome of your charge or charges. Many people who do not make bail end up pleading out on their charges – not because of guilt, but to get out of jail and on with their lives.
Most bail hearings (80%) are run by duty counsel lawyers; however a private lawyer can be especially helpful if you are at a higher risk of being denied bail. Reasons you would be at a higher risk include:
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If the charges against you are numerous or serious (for example a weapons offense or breach of recognizance)
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If you are Black, Indigenous, or disabled
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If the charge(s) you are facing are being highly polarized in mass media
The average cost for a lawyer to run a bail hearing can be between $500 to $2000, but can be more. Legal Aid can cover the cost of a bail hearing or bail review if you qualify for a certificate.
For more in-depth information on bail hearings and bail plans, see our Making Bail page.
Fitness Hearing
A fitness hearing might be requested by the judge, your lawyer, or the crown if they believe you are not currently capable of facing the charges against you. In other words, if they believe you are in a state of crisis, psychosis, or are unable to understand what is happening in court and make decisions.
If a fitness hearing is ordered you will be assessed by a psychiatrist, who will then provide their opinion to the court on whether you are “fit” to proceed with the charges against you. A judge will make a final decision on whether you will continue facing your charges, or whether to force you into treatment. If a judge makes a treatment order against you, doctors can treat you without your consent, as they see fit, including forced medication.
Youth in the Hamilton area that are charged with a crime can reach out to Banyan Community Services if they need a Section 34 Assessments (court ordered psychological and psychiatric reports).
First Appearance
This is your first appearance in court aside from a bail hearing. You will likely sit around for at least half a day, receive crown screening and initial disclosure. Crown screening lays out what sentence the crown wants from you.
If you have been screened for diversion, you will likely learn of it on this date. Diversion is a process alternative to court, outside of the criminal legal system. When completed, you will have no criminal record. If you are not screened for diversion, you may still qualify. There are other ways to avoid a criminal record.
You do not need a lawyer for this appearance: You can use duty counsel to speak to the court on your behalf at no cost.
If your crown screening indicates the crown is asking for jail time and you are low income, you can begin the process of applying for legal aid.
It’s important to not panic if you see the crown is asking for jail. The outcome is usually very different.
If you are low-income and intending to take your charge to trial, you should also apply to legal aid. You will require the rejection letter for a judge to order a legal aid certificate for you.
Set Dates
Set dates are a series of court dates about 3-4 weeks apart that you need to attend while awaiting additional disclosure (evidence against you), decide on a lawyer, and the outcome of your legal aid application. Count on these taking at least half the day as well. No lawyer needed.
Crown Resolution
A meeting that you or your lawyer have with the crown to see if a plea deal can be reached. From here you can either plead guilty and are sentenced or continue to pre-trial proceedings.
If you are retaining a private lawyer out-of-pocket, or through legal aid, you should have them by this date. If you intend to self-represent, you can attend your own crown resolution or have duty counsel do it for you.
To Enter a Plea
If you agree on a deal with the crown, a date will be set for you to enter a plea before a judge or justice of the peace.
The plea you enter in to can be a “joint position” or contested sentencing. Both are an agreement between all parties about the facts you are admitting to, and on which charges. A joint position means all parties also agree about the punishment. A contested sentence means both parties will argue before the court about what an appropriate punishment is.
Once you enter a plea of guilt you are giving up your right to a trial, even if the judge’s decision is not what you agreed on. Your plea can only be changed in very explicit circumstances and is very unlikely if you had a lawyer representing you.
If you are entering into a joint position, the judge or JP generally respects the decision that you/your lawyer and the crown have recommended to the court but it is important to know a judge can reject the position if they see it as too lenient or too harsh. The next step after entering a plea is “sentencing”.
Judicial or Crown Pretrial
A JPT or CPT is a conversation between you OR your lawyer, and the crown in front of a judge about some of the strengths and weaknesses of taking the case to trial. The judge will often encourage both parties to settle to avoid using up the court’s time. If no agreement can be reached, the discussion becomes finalizing trial details such as the number of witnesses being called, how many days the trial will take, and finalizing dates with the trial coordinator. If you are getting a lawyer, they should be involved by this stage.
Trial
This is the process of testing the charges against you before a judge. You will need to be present, whether you have a lawyer or are defending yourself.
Trials have their own special procedures and rules that you will need to follow if you are representing yourself.
You are able to enter into a plea up to and throughout your trial. Often times the crown will make one final offer in the days before, or day-of, your trial beginning.
Once the trial has started, any offers the crown made previously might be rescinded – but you are still free to try and negotiate a deal right up until a verdict (jury trial) or finding (judge-only trial) has been made.
Finding
and Verdict
A finding is a decision about guilt made by a Judge. A verdict is a decision about guilt made by a jury.
Sentencing Reports
A Conference or Youth Justice Council is a process sometimes used under the Youth Criminal Justice Act (YCJA). It is usually made up of anyone who was harmed, their support people, and others from the community. A conference can help provide direction from the community and person harmed around the outcome of the case.
A Pre-Sentence Report is a document that a probation officer prepares for the court. They may interview you, your friends, family, employer, or other people in your life as well as look at other instances of criminal allegations and outcomes. It is meant to offer up considerations for the judge when they are deciding what sentence to give you. They take between 2 weeks to 6 months to prepare and are mandatory if the judge is considering sentencing you to prison.
Impact of Race and Culture Assessments (IRCAs) or social context reports are a newer tool which courts have started to consider, explicitly for sentencing individuals who are racialized. The report is usually written by a clinical social worker and meant to provide specific insight and context into how racism and prejudice has contributed to an individual becoming involved in the criminal legal system. Legal Aid funds these reports if you are racialized, and either a youth facing a custodial sentence or an adult facing a federal (2 years or more) sentence.
There have been recent critiques of these reports, including the length of time required to wait for one to be prepared (which is often further time on precarious bail conditions or in detention), and the cost – between $4000 to $6000 - if you do not qualify for Legal Aid.
Medical Reports can be used in the sentencing process if any of your medical condition or disability that should be considered in sentencing. It is prepared by a medical professional. A judge can order that you be detained in custody for up to 30 days while the report it prepared.
Sentencing
A sentencing hearing is when a judge hears the arguments of the crown, as well as you or your lawyer’s arguments, on what punishment you should receive. The arguments are usually based on facts of the case, or similar cases. If you allow them, your lawyer can also make arguments around your life circumstances – such as being a youth in the foster system or living with a mental health issue – but it’s up to you whether you want this to be part of the sentencing argument. The judge will also consider any reports or character letters submitted.
If you are sentenced to jail, it is likely you will be taken into custody immediately, unless there is a successful argument from your lawyer as to why you shouldn’t be.
If you have spent time in detention before sentencing, the judge’s decision will include a decision on how much time you have already served, and state that information for the record. The calculation for “deadtime” – time in custody before trial – is usually 1 and a half to 2 days for each day pre-trial. In some cases, this means you could be released from the courthouse.
Racism and Ableism During Trials and
Sentencing
Trials and sentencing are two areas of the court process where racism and ableism will have the most impact on an individual outside of police interactions and bail decisions. The impacts of racism and ableism in these areas can have long lasting and more strenuous impacts.
Some brief examples include:
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Having a judge or jury that is not comprised of your peers, but of white, able-bodied and neurodivergent individuals that may be limited in their empathy or understanding - which can suspend their disbelief around accusations - and consciously or unconsciously be subject to dehumanizing bias, which makes them care less if they make the wrong decision. Having a judge or jury not of your peers can result in a higher likelihood of being found guilty.
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In sentencing, a judge may favour an extended or harsher sentence if you are Black, Brown, or Indigenous. This means you may receive a longer period of probation with more strict conditions - or that you may receive prison time.
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A judge who is ableist may be more inclined to sentence you to a community treatment order, which is an indeterminate sentence that subjects you to forced medicalization and drug treatment
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A judge may be more likely to dismiss your lawyer's arguments around whether evidence should be admitted to the court during a trial or not - or allow the evidence despite proving an improper search.
