QUICK TAKEAWAY
Preparing for Trial: If you are charged with a crime in Canada, you have the right to represent yourself (self-represented litigant or SLR) in court or you may choose to hire a defence lawyer. If you decide to go to trial without a lawyer, there are steps you should take in advance of the trial to prepare your case. However, it is important to note that hiring a defence lawyer can provide you with valuable legal expertise and representation in court, which may increase your chances of a successful outcome.
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Do Your Homework
The Canadian judicial system has regulations and procedures that may be unfamiliar to everyday citizens. If you are facing a criminal charge, preparing for the process well in advance is always a smart idea. A good start would be to talk to other people who have been through the process. We recommend that you seek guidance from a lawyer or legal professional. There are also online groups where individuals share their experiences with the legal system, which can be helpful in understanding what to expect. It is also a good idea to attend other hearings before your trial to get a sense of how the legal process unfolds.
It is important to note that legislators, lawyers, and judges designed the Canadian justice system, which is adversarial in nature. Even the language used may seem confusing, which is why seeking legal representation can be beneficial in navigating the process.
Prepare for Uncertainty
Experienced lawyers know that everything is always uncertain when it comes to a trial. Every court follows set procedures and rules of law, but once the trial begins, anything is possible. Judges are required to apply certain legal principles, but they are free to use their own judgement on how that should be done.
All aspects of the court process are meant to be transparent, clearly defined and accommodating. Judges and court administrators are expected to provide a fair and impartial process that does not give an advantage to people represented by lawyers. It is important to remember the judge is not your lawyer and must remain impartial (neutral). They can explain court procedures to you but they cannot offer legal advice.
Standardized forms have been developed with the intention of making the legal system understandable and easily accessible. If you are representing yourself, check at the registry office in the courthouse where your proceeding is taking place for these forms.
Make Self-Care a Priority
The legal process can be stressful, so it is important to be healthy during this emotional period in your life. Don’t stay up late worrying about what will happen the next day in court. That will only lead to exhaustion and irrational decisions on your part. Maintain a healthy diet, sleep well and exercise when you can.
Talk to Duty Counsel
If you do not have a lawyer and you are facing a criminal charge, consult the case management office in your province. It will advise you that one of your first steps is to speak to a duty counselLawyers who assist self-represented litigants lawyer who can help guide you through the legal process. This is your case and your responsibility. Do not wait until your first appearanceA procedural step do determine next steps to take this step.
Duty counsel will provide you with the assistance with:
- preliminary legal advice;
- information regarding how to apply for legal aid if needed;
- information about how to obtain disclosureRelevant information that the Crown haa concerning your case from the Crown; and
- obtaining a position on a sentence from the Crown should the matter be resolved by way of a guilty plea.
Through a virtual meeting, duty counsel can assist you in preparing for your case and on the trial date, explain your options and the court process.
Get Your Disclosure
As a self-represented litigant, it is your responsibility to contact the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown's office to get a copy of the police investigation file that led to your charge. This is known as disclosure and will tell you why you are charged and what the evidence is against you. The Crown will not be able to give you disclosure at your first appearance if you do not contact them before that date.
During an investigation, police officers will make notes and gather witness statements. Disclosure may include other physical evidence such as photographs, objects (weapons or other physical evidence) or documents such as the results of breath or drug testing.
After laying a charge, police provide this information to a Crown prosecutor, who must provide a copy of this information to you or your lawyer. If you have been charged with a drug offence, you need to contact the federal Crown prosecutor’s office for disclosure material. You should review all of this evidence and bring it with you to trial.
Arrange for Witnesses
If you think that another person saw, heard or did something that would help prove your innocence, you can make arrangements to have that witness come to court to testify on your defence. If you are unsure that person will appear, you or your lawyer can talk to the court clerk and ask for a subpoenaA legal order compelling someone to come to court. That is a legal document that compels the witness to attend in court. It can take up to three weeks for the subpoena to be delivered to the witness and you will have to pay a fee for this service.
If you fail to subpoena a witness and they do not attend court on the day of your trial, you may be forced to go proceed without their testimony. If the witness does not speak English, you or your lawyer will need to book the services of an interpreter. Court clerks can give you information about how that can be arranged.
Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
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.
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.
Subpoena
A legal document requiring a person to testify before the court or to produce documents.
