Criminal Law

The Criminal Court Process in Canada, Step by Step

Updated November 2, 2026LawyerDirectoryCanada.ca Editorial Team

A criminal case in Canada usually starts with a first appearance in provincial court, where the accused receives disclosure of the Crown's evidence. The case then moves through several court dates while the defence reviews the evidence and meets with the Crown and sometimes a judge at pretrial conferences. Most cases end through withdrawal, diversion, a peace bond or a guilty plea. The rest go to trial, where the Crown must prove guilt beyond a reasonable doubt. If there is a finding of guilt, the judge imposes a sentence, which can range from a discharge to imprisonment. The Supreme Court of Canada has set presumptive time limits of 18 months for provincial court cases and 30 months for superior court cases.

This article is part of the guide to criminal law in Canada.

The short version

The first appearance is mostly administrative. No one has to plead guilty or not guilty at that stage.
The Crown must disclose all relevant evidence, whether it helps or hurts its case.
Most cases resolve without a trial, often after negotiations between the defence and the Crown.
For more serious charges, the accused may be able to choose a trial in provincial court, before a superior court judge alone, or before a judge and jury.
A trial ends in an acquittal or a finding of guilt.
Sentencing options include discharges, fines, probation, conditional sentences and jail.
Delay beyond the Jordan ceilings can lead to a stay of proceedings, subject to exceptions.

Stages of a Criminal Case

Stage	What happens	Typical timing
First appearance	The accused or their lawyer attends. Disclosure may be provided.	A few weeks after the charge
Disclosure and set-date appearances	The defence reviews the evidence and requests anything missing.	Several weeks to months
Crown pretrial	Defence and Crown discuss the case, possible resolutions and trial issues.	Before a trial date is set
Judicial pretrial	A judge helps narrow the issues and may give a view on likely outcomes. Common in more serious cases.	Before a trial date is set
Election and plea	For some offences, the accused chooses the trial court. A plea is entered.	Once the defence is ready
Preliminary inquiry	Available only for offences with a maximum of 14 years or more, on request.	Before a superior court trial
Trial	Witnesses testify and the court decides guilt.	Months after the charge, sometimes over a year
Sentencing	The judge decides the penalty after a guilty plea or finding of guilt.	Same day or a later date
Appeal	Either side may appeal on certain grounds.	Strict deadlines, often 30 days

First Appearance

The first appearance is usually short. The accused, or a lawyer or agent on their behalf, attends court, confirms they have or are getting a lawyer, and receives disclosure if it is ready. In many provinces, first appearances can be done remotely or by a lawyer filing a designation. Missing a court date without a lawyer appearing on your behalf can lead to a warrant for arrest and a new charge.

Disclosure

Under R. v. Stinchcombe (1991), the Crown must disclose all relevant information in its possession, whether it helps the Crown or the defence. Disclosure usually includes police notes, witness statements, video, photographs and forensic reports. The defence reviews it to identify weaknesses, Charter issues and possible defences.

Resolution Discussions

The defence and Crown commonly discuss resolving the case. Possible outcomes include:

Withdrawal, if the evidence is weak or the public interest does not favour prosecution
Diversion, where the accused completes a program, community work or a donation and the charges are withdrawn. See diversion, withdrawn charges and discharges
A peace bond, with charges withdrawn. See peace bonds in Canada
A plea to the charge or a lesser charge, often with a joint position on sentence

An accused must only plead guilty if they are actually admitting the offence. A judge must be satisfied that a guilty plea is voluntary, unequivocal and informed.

Choosing a Trial Court

Type of offence	Where it is tried
Summary conviction, or hybrid where the Crown proceeds summarily	Provincial court, judge alone
Most indictable offences, or hybrid where the Crown proceeds by indictment	The accused usually elects provincial court, superior court judge alone, or superior court judge and jury
Murder and other offences in section 469	Superior court, normally with a jury
Certain offences listed in section 553, such as theft under $5,000	Provincial court

Election is a strategic choice that should be made with a lawyer's advice.

Preliminary Inquiry

A preliminary inquiry is a hearing in provincial court to decide whether there is enough evidence to send the case to trial. Since 2019 amendments to the Criminal Code, it is available only for offences with a maximum penalty of 14 years or more, and only if the accused or Crown requests it.

Trial

At trial, the Crown calls witnesses and presents evidence first. The defence can cross-examine. The accused does not have to testify or call evidence. The judge or jury must acquit if there is a reasonable doubt about guilt. Before or during trial, the defence may bring Charter applications, for example to exclude evidence obtained through an unlawful search.

Sentencing

If an accused is found guilty, the judge decides the sentence. The court may consider a pre-sentence report, victim impact statements and submissions from both sides.

Sentence	What it means	Criminal record?
Absolute discharge	Found guilty but not convicted, with no conditions	No conviction; record of the discharge kept for 1 year
Conditional discharge	Found guilty but not convicted, with probation conditions	No conviction if probation is completed; record kept for 3 years
Suspended sentence and probation	Conviction, with probation conditions	Yes
Fine	Conviction, with a payment order	Yes
Conditional sentence	Jail sentence of less than two years served in the community, often with house arrest	Yes
Intermittent sentence	Jail of 90 days or less served on weekends or other intervals	Yes
Imprisonment	Jail of less than two years in a provincial jail, or two years or more in a federal penitentiary	Yes

Some offences, such as impaired driving, have mandatory minimum penalties. The 2026 bail and sentencing reforms also added aggravating factors for some repeat violent offences, required consecutive sentences for certain offences, and removed conditional sentences for some serious sexual offences.

Delay and the Jordan Ceilings

Section 11(b) of the Charter guarantees the right to be tried within a reasonable time. In R. v. Jordan (2016), the Supreme Court set presumptive ceilings of 18 months from charge to the end of trial in provincial court, and 30 months in superior court. Delay caused by the defence does not count, and exceptional circumstances can justify a longer period. If the delay is unreasonable, the remedy is a stay of proceedings, which ends the case.

Appeals

Both the accused and the Crown can appeal some decisions, such as a conviction, acquittal or sentence. Appeal periods are short, often 30 days from sentencing. Speak to a lawyer immediately about a possible appeal.

Frequently Asked Questions

Do I have to go to every court date?

It depends on the court and the charge. In many cases, a lawyer can appear on the accused's behalf for routine dates. For trials and pleas, the accused usually must attend. Never assume an absence is allowed without confirming with a lawyer or the court.

What is a stay of proceedings?

A stay stops the prosecution. A Crown stay can, in some cases, be revived within a year. A judicial stay, for example for unreasonable delay, generally ends the case.

Can I change my lawyer during the case?

Yes. See how to change lawyers in Canada.

Will I have to testify?

No. An accused cannot be compelled to testify at their own trial. Whether to testify is a decision to make carefully with a lawyer.

Facing criminal charges? Search LawyerDirectoryCanada.ca for criminal lawyers by province and city, and see how much a criminal lawyer costs.

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