THE START:

The criminal process starts when someone has been charged with committing an offence, after which the suspect is arrested by the police and required to appear in court. The accused person will either plead guilty or not guilty. Most people plead guilty; many others plead not guilty and go to trial.

THE ARREST:

When a police officer makes an arrest, the officer is required to inform the accused person why he or she has been arrested. The person so accused has the right to remain silent and the right to contact a lawyer. If the police detain the person in custody, they must charge him or her with an offence. Any person who has been arrested must be taken before a judge or Justice of the Peace within 24 hours or as soon as possible. Usually the person is released on bail with various terms such as regular reporting to the police. Those who can't make bail have to orchestrate their defense from inside jail.

THE TRIAL:

After various administrative matters are completed and an accused person decides to proceed to trial, a trial date is set, usually in what is called Provincial Court. In Ontario, it is called the Ontario Court of Justice.

If the accused person changes his or her mind about proceeding to trial and pleads guilty instead, there is no trial. The judge is required to ensure that the facts justify a plea of guilty.  If the judge accepts the guilty plea, the judge holds a sentencing hearing, often immediately.

If the accused pleads "not guilty," a trial date is set, generally months away, depending on the court's caseload.  Our Charter of Rights and Freedoms stipulates that the trial be held within a reasonable time. A case that has taken "too long" to get to trial may be dismissed because of the "Charter breach."

Trials are conducted on the basis of verbal evidence, that is to say witnesses promise to tell the truth and then give their evidence about the case. Witnesses for the prosecution (including the police officers involved) are cross examined by the defense counsel in the hope of extracting evidence that will help the defense or by showing the witness's account of events are not exactly as stated.

At his or her trial, the accused person does not have to give evidence. No one can force an accused person to testify.  But, if the accused decides to offer evidence, he or she may be cross-examined and must answer any question asked, provided the question complies with the rules of evidence.

If the charges are proved, the judge will find the accused person guilty. If the charges are not proved, he or she is found not guilty. Simply put, the person is acquitted. After an acquittal, the accused person may not be tried for that crime again, unless the Crown Prosecutor successfully appeals the trial judge's acquittal.

SENTENCING:

If an accused person has been convicted, the judge must consider the appropriate sentence. Depending on numerous factors, the presiding judge may decide to discharge the person (absolutely or conditionally) without a criminal record.

Or, the person may be given a criminal record (perhaps a suspended sentence) and ordered to serve a period of probation. People are often fined and given time to pay the fine. If the fine is not paid, the Criminal Code sets out a formula for the amount of jail time to be served in lieu of paying the fine.

The offender may receive a jail sentence to be served in the community. This is known as a conditional sentence and is a form of house arrest with certain freedoms such as going to work, attending school, visiting doctors or going to probation.

Of course, the ultimate sentence is a term served in a real jail, for the period ordered by the judge, less time off for good behavior. Sometimes, depending on the length of the sentence, a jail term can be served intermittently, such as on weekends in order not to lose a job or for other good reason.

CRIMINAL RECORD:

A person who was convicted of an offence and is finished with the criminal justice system has more to worry about.

Many professions will not accept members with criminal records, however, seemingly minor. In fact, some professions refuse applicants who do not have a criminal record but were investigated and noted by the police as having been involved is some way. Even those who were acquitted are seen as tainted and undesirable.

A holder of a criminal record attempting to enter the United States may be in for a nasty surprise, especially if he or she has purchased an expensive non-refundable airline ticket. Contrary to popular belief, Canadians have no right to enter the U.S. Entries by Canadians are at the discretion of the U.S. authorities and a criminal record will likely result in a refusal unless the applicant has successfully applied for a "Waiver," a time consuming process with no guarantee of success.

CRIMINAL CODE OF CANADA     (brief overview)

The Criminal Code of Canada (CCC) contains many subsections of what are loosely referred to as "Criminal Law." Drug offences are not included (they are found in the Controlled Drugs and Substances Act discussed elsewhere in this website). Also, Motor Vehicle (Traffic) offences and Youth crime are examined in greater detail on other pages.

The main sections of the CCC include:

FIREARMS AND OTHER OFFENSIVE WEAPONS:  Part III involves guns, knives and objects used as weapons.  Simply possessing some items is an offence (sawed off shotguns, switch blades, etc.). There are lots of things you can do with a firearm that will constitute an offence (no registration certificate, careless storage, pointing it, selling it to someone not entitled to possess a firearm and so on). Also, it's an offence to use everyday objects as weapons, such as hitting someone with a baseball bat or kitchen chair. Courts deal with Part III offenses rather harshly.

OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE:  These offences include bribing public officials, impersonating a police officer, perjury, obstructing justice and escaping lawful custody.

SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT:   Part V lists offences of a sexual nature including sexual interference (touching someone under age 14 for a sexual purpose), invitation to sexual touching and incest. It also outlines a number of criminally banned activities. There are too many to list here but included are: giving an immoral performance, mailing obscene matter, committing an indecent act, nudity, trespassing at night and "spreading false news."

DISORDERLY HOUSES, GAMING AND BETTING:   Here we deal with houses of ill repute ("bawdy houses") and prostitution related offences. Also included are offences  involving gambling. Basically, you're free to gamble away every cent you have, provided you do so in a government sanctioned activity. Private gaming may offend Part VII.

OFFENCES AGAINST THE PERSON AND REPUTATION:  This part (VIII) includes assault, homicide, manslaughter, assisting a suicide, criminal harassment, sexual assault, bigamy, defamatory libel, advocating genocide and others. Serious stuff, indeed.

Also included in this section are offences involving motor vehicles (Dangerous Driving, Criminal Negligence in the Operation of a Motor  Vehicle, Impaired Driving, Driving with Excess Blood Alcohol, Leaving the  Scene of an Accident, Driving while Disqualified). Motor vehicle offences  result in a loss of driving privileges (at least one year in Ontario,) as well as fines or jail. For more information, click on the   Motor Vehicle page.

OFFENCES AGAINST THE RIGHTS OF PROPERTY:  This part deals with theft, fraud, robbery, extortion, break & enter, forgery and others. What they have in common is that someone has been victimized and left poorer as a result.       

FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE:   Part X contains offences involving elements of fraud in one form or another.

CURRENCY OFFENCES: Counterfeit money, slugs and the like are included.

PROCEEDS OF CRIME:   This sets out how government can deal with money or goods deemed to be "proceeds of crime." It shows what the government has to prove in court in order to keep the stuff and how one can get it back if it isn't "proceeds of crime."

ATTEMPTS, CONSPIRACIES, ACCESSORIES:  Part XIII deals with persons who attempt (but don't succeed) to commit offences as well as persons who get together to plan and carry out offences and persons who help others commit offences.