An indispensable guide for the self-represented accused, victim or witness. Understanding Canada's criminal justice system can be difficult. Criminal charges often involve life-changing events, and the justice system can be intimidating and confusing. Many people struggle to understand what is happening, and don't know which of the many justice officials in the system can make decisions about their case. When can a trial be set? Who can change conditions of bail? Who can terminate a charge before trial? Who can a victim or witness contact for help preparing for trial? When a person goes to court it seems as if everyone has hired a lawyer, but the reality is many people appear before court, representing themselves. This book is a comprehensive guide to the justice system, written in simple, clear language. The book doesn't provide legal advice, but does explain how Canada's criminal justice system works, what justice officials do, and who has the power to make decisions at different stages of a criminal case. An indispensable guide for the self-represented victim, witness or accused.

INTRODUCTION xv 1 HOW TO BEHAVE IN COURT 1 1. Court Practices Vary 2 2. Decorum: Politeness and Respect 2 3. How to Address the Justice or Judge 3 4. How to Address Other Justice Officials 3 5. To Whom to Direct Comments 3 6. Listen and Don't Interrupt 4 7. Observing 4 8. Asking Questions 4 9. Standing and Sitting 5 10. Where the Self-Represented Accused Is Expected to Stand or to Sit in Court 5 2 THE ROLES OF CRIMINAL JUSTICE SYSTEM PARTICIPANTS 7 1. The Suspect 7 2. The Accused, or Defendant 7 3. The Victim, or Complainant 8 4. Witnesses 8 5. Police 8 6. The Prosecutor, a.k.a., the Crown Attorney or "Crown Counsel" 9 7. Defence Counsel 10 8. Duty Counsel 12 9. Court Clerk 12 10. Court Reporter 12 11. Justice or Judge 13 12. Jury 14 13. Probation and Parole Officers 14 14. Indigenous Court Workers 14 15. Other Court Workers 15 16. Conclusion 15 3 ROADMAP TO THE CANADIAN CRIMINAL JUSTICE PROCESS 16 1. Incident and Complaint 16 2. Investigation 17 3. Compelling Appearance: Promises to Appear, Summons, Arrest 17 4. The Charge: Laying the "Information" 18 5. Preparing Disclosure 18 6. Prosecutor's Review and Powers to Withdraw 19 7. First Appearance and Arraignment 21 8. Hiring a Lawyer 22 9. Obtaining and Reviewing Disclosure 22 10. Negotiations with the Prosecutor 22 11. Judicial Pre-trials and Trial Management Conferences 23 12. Scheduling a Case for a Plea or Trial 23 13. Guilty Plea 23 14. Preparing for Trial 23 15. Trial 24 16. Sentencing 24 17. Serving a Sentence 24 18. Appeals 24 4 APPEARANCE NOTICE, ARREST, CHARGE, AND LAYING THE INFORMATION 26 1. Fingerprints 27 Contents v 2. Laying the Information: The Charging Document 27 3. Private Informations and Private Prosecutions 27 5 BAIL, CONDITIONS, AND GETTING CONDITIONS CHANGED 29 1. A Brief Introduction to the Ways an Accused May Be Released 29 2. Conditions 30 3. Conditions That May Be Imposed by a Police Officer on an Undertaking 30 4. Conditions That May Be Imposed by a Justice of the Peace or Judge 32 5. Release on Consent and Bail Hearings 33 6. The Importance of Following Conditions 34 7. Getting Conditions Changed after a Release by a Police Officer 34 6 FAILING TO APPEAR, WARRANTS, AND GETTING WARRANTS RESCINDED 38 1. Warrants 38 2. What If the Accused Cannot Attend Court? 39 3. What If a Bench Warrant Has Been Issued? Can It Be Rescinded? 40 7 PRE-TRIAL PROCESS, ADJOURNMENTS, AND CASE MANAGEMENT 42 1. Understanding the Pre-trial Process 42 2. How the Pre-trial Process Ends 42 3. Purpose of the Pre-trial Process 43 4. What Courts Expect the Accused to Do during the Pre-trial Process 43 5. Applying for Legal Aid and Other Free Legal Services 44 6. Reviewing Disclosure 46 7. Negotiating with the Crown 47 8. Judicial Pre-trials 47 9. Conclusion: What Accused Persons Are Expected to Do During the Pre-Trial Process 47 8 PROSECUTOR'S ELECTION AND MODES OF TRIAL 48 1. Prosecutor's Election: Summary or Indictable 48 2. Classes of Offence 49 3. Summary Conviction Offences 49 4. Hybrid Offences 49 5. Indictable Offences 49 6. Accused's Election as to Mode of Trial 50 7. Preliminary Inquiry 50 9 DISCLOSURE 51 1. Obtaining Disclosure 51 2. Reviewing Disclosure 52 3. What the Court Expects 52 10 PLEAS AND WHAT THEY MEAN 53 1. The Plea 53 2. Guilty Plea 53 3. Reading in and Admitting the Facts 55 4. Not Guilty Plea 56 5. Plea to Lesser and Included Offence 56 6. Plea to Another Offence 57 7. Plea to Non-Criminal Code Offence 57 8. Special Pleas 58 11 RESOLUTIONS AND SENTENCES 59 1. Ending a Charge without Any Plea 59 2. Admission to Something Other than a Criminal Code Offence 61 3. Sentencing Options after a Plea of Guilty 62 4. Other Sentences 69 12 COLLATERAL ORDERS 70 1. No-Contact Orders 70 2. Distance Limitations 71 3. DNA 72 4. Weapons or Firearms Prohibitions: s. 109 or 110 73 5. Firearms Forfeiture: s. 491 73 6. Sexual Offender Registries: s. 490.011 74 7. Orders Relating to Offences on Children: s. 161 74 8. Fraud or Financial Crime Orders: s. 380.2 74 9. Victim Fine Surcharges: s. 737 74 10. Restitution s. 737.1, 738 75 11. Forfeiture Orders 75 13 SEARCH WARRANTS AND PRODUCTION ORDERS 76 14 PLEA RESOLUTION DISCUSSIONS 78 1. Before Speaking to the Prosecutor 79 2. Making an Appointment with the Prosecutor 79 Contents vii 3. Negotiating with a Prosecutor when an Accused Cannot Arrange a Meeting 79 4. Plea Resolution Discussions with the Prosecutor 80 5. Plea Agreements 82 6. Trial Management Discussions 82 15 JUDICIAL PRE-TRIAL HEARINGS, CASE MANAGEMENT, AND TRIAL MANAGEMENT CONFERENCES 83 1. Judicial Pre-trials 84 2. Case Management or Trial Management Conferences 85 3. Endorsements 87 16 GUILTY PLEA PROCESS 89 1. Calling the Case 89 2. Amending the Charges 91 3. Arraignment 91 4. Plea Inquiry 92 5. Reading in of the Facts 93 6. Accused's Acceptance or Disagreement with the Facts 94 7. Judge's Finding 94 17 PREPARING FOR TRIAL 95 1. Reviewing Disclosure 95 2. Gathering Evidence 97 3. Preparing Documents and Exhibits 97 4. The Subpoena: How to Get Your Witness to Come to Court 97 5. Preparing a Witness 98 6. Cross-examining Prosecution Witnesses 98 7. Conclusion 100 18 TRIAL PROCESS 101 1. Proving a Charge 102 2. Judge's Role in Assisting the Accused 103 3. Calling the Case 103 4. Amending the Charges 103 5. The "Not Guilty" Plea 104 6. Orders 104 7. Opening Statement for the Crown 105 8. Filing, or Advising the Court of Agreed Evidence 105 9. The Prosecution (Crown) Leads Its Case 105 10. Closing of the Crown's Case 107 11. Defence Decision to Call, or Not to Call, Evidence 108 12. Opening Statement for the Accused 108 13. Defence Presents Its Case 108 14. Closing Submissions 109 15. Verdict 109 16. Trials by Jury 110 19 EXAMINING/QUESTIONING WITNESSES IN A TRIAL 111 1. Direct Examination: Open-Ended Questions 111 2. Cross-Examination: Leading Questions 112 3. How to Form Questions for Witness Examination 112 4. Trial Behaviour 114 5. Research on Trial Techniques 114 20 SENTENCING 115 1. Purpose and Principles of Sentencing 115 2. Evidence Filed during Sentencing 118 3. Sentencing Submissions 121 4. Judge's Decision 121 21 RULES OF EVIDENCE 122 1. Relevance 123 2. Hearsay Evidence 123 3. Opinion Evidence 124 4. Exhibits 125 5. Confessions Rule: Accused Person's Statement 126 6. Character Evidence 126 7. Alibi 127 8. Objections 127 9. Evidentiary Applications 128 10. Voir Dires 128 22 CANADIAN CHARTER OF RIGHTS AND FREEDOMS 130 1. Bringing a Charter Application 130 2. Common Charter Sections Relied on in Criminal Cases 131 3. Rights on Arrest or Detention 132 4. Fair Trial Rights 133 5. Cruel and Unusual Punishment 134 Contents ix 6. The Right against Self-Incrimination for Witnesses 135 7. Right to an Interpreter 135 8. Equality Rights 135 9. Remedies 136 10. Conclusion 136 23 MENTAL DISORDERS IN THE ACCUSED 137 1. Not Criminally Responsible (NCR) and Fitness to Stand Tria…