FAQ Trials

You need to call a lawyer immediately to get legal advice. Your lawyer can then reach out to the police to negotiate the time of your surrender, and prepare to help you regain your liberty by developing a strong bail plan if necessary.

While each case is unique, in general, criminal cases that proceed to trial in the Ontario Court of Justice typically take between a year and 18 months from the date you are charged until your trial is complete. Cases that proceed to trial in the Superior Court of Justice typically take between 2 to 2.5 years. The timelines can differ significantly based on the jurisdiction you are in, however.

In R. v. Jordan, the Supreme Court held that you have a constitutional right to be tried within 18 months if your trial is in the Ontario Court of Justice or 30 months if your trial is in the Superior Court of Justice, failing which your charges will be stayed, and the prosecution will come to an end. However, this timeline does permit exceptions. Delay caused by the defence or by “discrete exceptional events” is not counted toward the Jordan deadline.

If your case is approaching the Jordan deadline, Bryan will discuss with you the prospects of success of an application to stay the proceedings for delay.

Yes, Bryan does accept clients with Legal Aid certificates. While the manner of payment may be different, Bryan treats all cases with the same care and attention, regardless of whether the client is paying privately or is funded by Legal Aid.

Your first appearance in court is not your trial. It is an administrative appearance to bring your case into the system. If you have a lawyer, you can sign a designation of counsel so that your lawyer can appear on your behalf.

If you do not yet have a lawyer, you will have to attend in person. The court will deal with dozens or hundreds of other cases the same day, so you may need to wait for some time. In many jurisdictions, you can attend this appearance by video. At this appearance, the Court may ask you about whether you intend to retain a lawyer, and what steps you have take to do so.

A person charged with a criminal offence may be prosecuted by either the provincial government or the federal government. In either case, the prosecutor is typically referred to in Canada as the Crown.

The provincial Crown is responsible for prosecuting the majority of criminal offences, including all offences defined by the Criminal Code of Canada, which include offences such as assault, impaired driving, sexual assault and murder, as well as any offences created by provincial legislation.

The federal Crown is responsible for prosecuting offences created by the Controlled Drugs and Substances Act, including possession of controlled substances for the purpose of trafficking, and trafficking and importing controlled substances, as well as offences created by any federal legislation other than the Criminal Code