The rules dictate matters such as time to serve documents, the formatting of documents, material and evidence to be used on applications, pre-trial proceedings, attendance of the accused, attendance of prisoners, constitutional issues, hearing conferences, evidence, sand any other matters that pertain to the criminal courts.

For further reading on criminal procedure, you may review the following resources:

◼︎ The Canadian Encyclopedia: https://www.thecanadianencyclopedia.ca/en/article/criminal-procedure

◼︎ Ontario Court of Justice Criminal Rules https://www.ontariocourts.ca/ocj/criminal-court/criminal-rules/

◼︎ Ontario Court Criminal Procedures by Robichaud's https://robichaudlaw.ca/ontario-criminal-court-procedures/

◼︎ Guide for Accused Persons in Criminal Trials, Ontario Court of Justice

http://www.ontariocourts.ca/ocj/self-represented-parties/guide-for-accused-in-criminal-cases/guide/

You  may peruse the Criminal Proceedings Rules for the various provinces here: https://laws-lois.justice.gc.ca/eng/Court/. The purpose and importance of these rules is most clear when practicing criminal law. 

◼︎ A person charged with this offence will be arrested where the police have reasonable grounds to believe the person committed or is about to commit an indictable offence

◼︎ A person charged with this offence must show up in court, but may be represented by him/herself or a lawyer

◼︎ A person who commits this offence is usually not arrested, unless found committing the offence

◼︎ A person is usually given a notice to appear in court at a certain date and time

◼︎ A lawyer or agent may appear on this person's behalf on the appointed court date 

◼︎Diversion may be offered.

--> this is a consequence given by the police or Crown like counseling, community service, anger management counselling, letter of apology, or a combination of these items

--> once consequence is fulfilled charges may be withdrawn or stayed (on hold, and not pursued at that time)

◼︎ A plea agreement may also be involved and entered into

◼︎ Accused enters a "guilty" or "not guilty" plea

--> If "not guilty" plea entered, proceed with next steps towards trial

◼︎ A plea agreement could occur at the first appearance or plea bargaining may occur during the period between the accused's first appearance up to the beginning - or even in the midst of - trial.

◼︎ If the case involves (a) murder or a serious personal injury offence or (b) an indictable offence with a maximum punishment of 5+ years, the Court must ask the prosecution, after a guilty plea has been accepted, if the prosecutor took reasonable steps to inform the victims of the plea agreements.

◼︎ In some cases, prosecutors are not able to tell the victim(s) about the plea agreement before it is accepted by the Court. Once accepted, the prosecutor must take reasonable steps to inform the victim as soon as they can after that point.

◼︎ Disclosure includes paper and electronic copies of documents (ie. emails, etc.), video, audio, photographs, and any digital evidence

◼︎ The obligation to provide disclosure is ongoing

◼︎ The jury roll includes the names and addresses of potential jurors.

◼︎  Jurors attend at court on an appointed date for jury selection.

◼︎ Jurors are selected at random to serve.

◼︎  In Canada, lawyers and accused persons are not provided more information than a person's name, place of residence, and occupation on the juror list.

◼︎ Unlike what you see in American television or movies, Canadian jurors cannot be questioned about their backgrounds, politics, or views. 

◼︎ In criminal cases, jurors can be "challenged for cause", where counsel for the defence or Crown may question a juror on their ability to remain impartial between the government and the accused, particularly on a characteristic of the case or juror (i.e. race of the accused).

◼︎ Depending on the seriousness of the case, both the Crown and defence counsel are entitled to a set number of peremptory challenges to strike jurors of their choice. This number can range from four (in less serious matters) to twenty (in a first-degree murder case). 

◼︎  The defence has the opportunity to cross-examine all witnesses the Crown presents.

◼︎  When the Crown is done presenting evidence, it will close its case.

◼︎  The burden of proof is on the Crown to prove its case BEYOND A REASONABLE DOUBT (BARD)

◼︎ The Crown will have the opportunity to cross-examine all defence witnesses.

◼︎  The accused does not have to testify.

◼︎ The defence can choose to call no evidence if it believes the Crown has not proved its case beyond a reasonable doubt

• denounce the unlawful conduct and harm to the victim;
• deter (discourage) the offender and others from committing such crimes;
• separate offenders from society when necessary;
• assist in rehabilitating the offender;
• provide reparations for harm done to the victim and the community; and
• promote a sense of responsibility in offenders and acknowledgment of the harm done.

◼︎ absolute or conditional discharge

◼︎ suspended sentence (but still criminal record) or probation

◼︎ fines, financial restitution

◼︎ conditional sentence

◼︎ imprisonment

◼︎ intermittent sentence

◼︎ indeterminate sentence for dangerous offenders

◼︎ life sentences

◼︎ victim surcharge

◼︎ community service

◼︎ restraining order

◼︎ discharge (guilty, but no criminal record or punishment)

◼︎ suspension (i.e. of driver's license)

◼︎ deportation

◼︎ Indigenous peoples have other considerations that are taken into account at sentencing, as they are over-represented in Canadian prisons and there are systemic factors for why they came before the courts.

◼︎ Youth sentences are governed by the Youth Criminal Justice Act

◼︎ May present a Gladue report (See R v. Gladue [1999] 1 SCR 688). 

◼︎ A judge is to consider "the unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts".

◼︎ A judge should also consider all possible sentencing options available, which may be appropriate because of the offender's Indigenous heritage, as traditional sentencing does not often accord with the understanding of sentencing held by Indigenous offenders and their community.

• 18 or 30 months, depending on level of court (R v. Jordan) Check out this article if interested in more details.

◼︎ Not required to testify against yourself

◼︎ Innocent until proven guilty

◼︎ Not to be denied bail without just cause

◼︎ Trial by jury if the offence committed has a possible sentence of five (5) years or more in prison

• Laws clearly set out in writing and made by elected officials

"[T]he jury should be instructed that a reasonable doubt is not an imaginary or frivolous doubt, nor is it based on sympathy or prejudice. A reasonable double is a doubt based on reason and common sense which must logically be derived from the evidence or absence of evidence. While more is required than proof that the accused is probably guilty, a reasonable doubt does not involve proof to absolute certainty. Such a standard of proof is impossibly high…The word “doubt” should not be qualified other than by way of the adjective “reasonable”."