QUICK TAKEAWAY
First Appearance: The first appearance in a Criminal Code offence is an administrative step that happens before trial, where the court hears how you want to answer the charges against you. No evidence is given at first hearings and you will be asked how you plan to plead. Guilty pleas may not be accepted if the court feels you lack a full knowledge of the elements of the charge and possible consequences.
Table of Contents:
What is a First Appearance?
If you are charged with a crime in Canada then released by police or placed on bail, you or your lawyer will receive a release document that gives you the date, time and location of your first appearance. This is not your trial date. It is just the date you are expected to be in court for a brief procedural hearing. As a self-represented litigant (SRL), you will learn about the case against you and be given disclosure by the Crown. If you have not received this information you should ask the Crown for it. The main purpose of the first appearance is for the court to find out how you will plead. Evidence is never heard at this stage.
What Questions Might Be Asked?
The judge or justice of the peace hearing your first appearanceA procedural step do determine next steps will be asking questions related to the management of your case and your understanding of the law as a SRL.
Questions may include:
- Do you understand the charges against you?
- Do you plan on retaining a lawyer?
- Are you ready to enter a plea or do you need more time?
- Do you understand the charge against you and the possible penalties upon conviction?
- Have you received disclosureRelevant information that the Crown haa concerning your case from the Crown?
What is Disclosure?
If you are accused of a crime, you have the right to the disclosure of all relevant evidence in the possession of the Crown, with the exception of privileged information.
In a criminal case disclosure will include:
- the charge against you;
- a summary of what the police allege;
- the statements of any witnesses interviewed by police;
- any statement you made to police; and
- any other material that is relevant to the case.
The disclosure package will also have a charge screening form. This form tells you whether the Crown will be asking for a jail sentence if you either pleaded guilty or are found guilty after a trial.
Can I Plead Innocent?
You cannot plead innocent; your options are guilty or not guilty. If you plead “not guilty” a trial date will be set to hear your defence.
If you plan to plead guilty as an SLR, it is strongly advised that you consult with duty counselLawyers who assist self-represented litigants in advance. That is because the judge or justice of the peace heading up the hearing must be confident you understand and accept responsibility for all the essential elements of the offenceA probited act and the knowledge it was illegal. They can reject your guilty plea if they feel you do not have this understanding or if they believe you just want to make your legal issues go away as quickly as possible.
If it can be shown that you have consulted with duty counsel before entering a guilty plea, that will show the court that you understand your options, the requirements for pleading guilty and the consequences the plea may bring.
Can I Ask the Judge for Advice?
The judge or justice of the peace hearing your first appearance can explain the legal implications of the charge against you, but they cannot advise you how to plead. Duty counsel is a better person to ask for guidance on court procedures. They are lawyers who assist SRLs with case management.
Glossary of Legal Terms
Disclosure
An accused person has the right to the disclosure of all relevant information in the possession of the Crown, with the exception of privileged information. This typically occurs before the accused has to decide whether to enter a plea of either guilty or not guilty.
Duty counsel
They are lawyers who assist self-represented litigants by offering limited legal advice. They can give advice about the accused's legal rights, obligations and the court process. They can also help with asking for an adjournment, conducting a bail hearing, entering a guilty plea or making submissions at a sentencing hearing.
Elements of the offence
To win a conviction, the Crown must prove two elements: that there was prohibited conduct (actus rea) and that the accused was aware they were acting illegally (mens rea).
First appearance
A procedural step to determine how the accused wants to proceed with the case. The purpose of a first appearance is for the court to get information and for the accused to think about what they want to do, such as plead guilty or not guilty.
