Criminal procedure can feel unfamiliar, and most of it happens before anything is decided. This is a general outline of the early stages. The order and the requirements vary with the allegation, the court and the circumstances.
Arrest, or a charge without arrest
A person may be arrested and held, arrested and released, or charged and given a document requiring a later court date. Being charged is not the same as being found guilty; it marks the start of a process.
Release and bail
Where a person is held, a bail hearing is generally the next step. Release may come with conditions. Breaching a condition is itself a serious matter. Anyone asked to agree to conditions should understand them before agreeing.
First appearance
The first court date is usually administrative: confirming the charge, confirming who represents you, and setting the next date. It is not normally the trial.
Disclosure
The Crown provides the material it relies on, and material that may be relevant, to the defence. Disclosure is often what makes a real assessment possible. What is included, and how long it takes, varies.
Next steps
After disclosure, the matter may resolve, proceed to a trial, or follow another route depending on the issues. Counsel can explain which steps apply.
Where to read more
- Ontario Court of Justice — going to court, step by step: https://www.ontariocourts.ca/ocj/criminal-court/going-to-court/stepbystep/
- Ontario — going to criminal court: https://www.ontario.ca/page/going-criminal-court
- Legal Aid Ontario — before your first appearance: https://www.legalaid.on.ca/faq/what-to-do-before-your-first-appearance-at-criminal-court/
This article is general information, not legal advice. Procedure and requirements depend on the specific matter. For advice about your situation, speak with a lawyer.