Understanding the Criminal Legal System

The criminal legal system in so-called canada is a colonial tool that is racist, ableist, and harms more people than it effectively helps. It does not afford justice to either those accused, those harmed, and there is evidence that arrest, court and prison has no impact on deterring crime.

Strive to understand your person's experience being wrapped up in it through this lens - and know that having a solid support can help them get through it while being less at-risk and less harmed.

If you'd like further readings on the legal system, and police & prison abolition see our Abolition Resources page!

Below is a run through of the steps you can expect your person to encounter as they navigate the legal system - and we encourage you to read our pages on Racism & Ableism in the criminal legal system to read more about the experiences of racialized and disabled individuals in the system.

Police Interaction

Racialized & disabled or autistic people are more likely to have police called on them for non-criminal behaviour. These interactions are very dangerous when police respond using their police college training, which they are mandated to do.

Detention or Arrest

Police may temporaryily detain someone, or find cause to arrest and charge them. If police arrest and charge someone, they may have the option or releasing them from the scene, or the police station. Sometimes they will keep someone for a bail hearing.

Bail Hearing

If police keep an individual for a bail hearing, the person will stay overnight in the police station and appear in court - usually the next day. At a bail hearing, a crown attorney (representing the state) and your person's attorney (duty counsel or private) will argue about releasing the arrested person on conditions.

Release or Remand

When the bail hearing concludes, a justice of the peace will decide whether to release the person arrested on bail conditions, or remand them to pre-trial detention.

First Appearance

The first appearance is an individual's first time appearing in court since they were either released by police or had their bail hearing. It is usually about 4 weeks after the arrest, and the person may receive their crown screening (the sentence the crown is seeking) and disclosure (the evidence against them).

Set Dates

Set dates are an ongoing series of court dates that happen every 4-6 weeks after the first appearance. They happen while the individual awaits and reviews more disclosure, applies for legal aid, or has crown pre-trials to see if a plea can be made.

Crown Pre-Trial

This is a meeting between the crown and the accused's lawyer - or the accused themself if they are self-representing. It is a meeting to discuss the case and see if an agreement about the charge and sentence can be made.

Plea or Trial

After a CPT, someone accused will either enter in to a plea agreement or set the matter for trial.

Trial

This is.a hearing before a judge to see whether the crown can prove an individual's guilt with the evidence and witnesses they have. It's not uncommon to be offered a new deal by the crown in the days leading up to trial. Sometimes the crown may try to reschedule a trial.

Finding

This is a day where the judge reads their decision about the evidence and testimony in to the court record and finds the person guilty or not. In simple matters, this can happen the same day as trial and sentencing. If the person is found not guilty, they are finished and free to go.

Sentencing

A sentencing hearing is when the crown lawyer and defendent's lawyer argue about what the punishment should be for the finding of guilt. In the lead up to this hearing, some individuals will get sentencing reports (cultural or medical) done to submit as to why they should not go to jail.

Probation or Prison

After sentencing an individual who was found guilty may have a period of imprisonment or probation. Imprisonment is a set length of time in custody followed by parole, while probation is when the individual may reside in their home or community under certain