This blog will help you understand the criminal procedure in Ontario, Canada. The initial disclosure provided by the Crown is not the only disclosure evidence. The Crown has an obligation to provide everything and this is an ongoing obligation. You might have two, three, four, five, even six appearances where the Crown is constantly providing disclosure evidence. It is also up to the Defence Counsel to ask for or to request disclosure if you think that you have not received all of the disclosure that there is to the case.
The next step is the Crown Pre-Trial. There could be a couple of Crown Pre-Trials and this usually entails a conversation between your Defence Counsel and the Crown assigned to the matter. This could take place in person, over the phone or by email.
Depending on your charge(s), sometimes you have to provide proof to the Crown. For example, in a domestic situation, if you have completed therapy or you are in therapy or you’ve completed an anger management course, your Defence Counsel would have to provide a completion certificate to the Crown.
Essentially, it’s very good to have a lot of conversations with a Crown because it’s means that you’re coming to a resolution to try and avoid going to trial if not necessary. There are matters where the Defence Counsel and the Crown do not see eye-to-eye and the Crown feels that your case should go to trial.
In this case, the next step is a Judicial Pre-Trial. This is a meeting between the Crown, Defence Counsel and the Judge. This is where you would receive a judge’s opinion on the matter. Usually there is one Judicial Pre-Trial, but you can have more than one Judicial Pre-Trial if there is a potential for a resolution in the case.
As you can see, there are some steps prior that can be taken to see if the case can be resolved prior to going to trial. It’s always important to understand that each case is different because it depends on the facts of the case so some cases will resolve quicker than others and other cases perhaps will end up going to trial. It’s quite important to be patient and always be in touch with your Defence counsel in case you have any questions or concerns.
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