Criminal Law

How to Prepare for a Criminal Trial in Calgary

Khalid Akram · May 5, 2025 ·

Understanding the Criminal Trial Process in Calgary

Overview of Criminal Trial Stages in Alberta

The criminal trial process in Calgary typically unfolds in several key stages:

First Appearance: The accused appears in court, often in the Calgary Provincial Court, to hear the charges and enter an initial plea. This may be followed by bail hearings if the accused is in custody.
Disclosure: The Crown provides the accused or their lawyer with all evidence being used in the case, such as police reports, witness statements, and forensic results.
Pre-trial Conference: A meeting between the Crown and defence (often with a judge present) to discuss possible resolutions, trial readiness, or issues that may streamline the trial.
Trial: The core phase where both the Crown and defence present their evidence and arguments. The outcome is determined by a judge—or jury, in some cases.

Calgary Courts Involved: Provincial Court and Court of King’s Bench

Criminal cases in Calgary may proceed through:

Calgary Provincial Court: Handles the majority of criminal matters, particularly summary conviction offences and early trial procedures for indictable matters.
Court of King’s Bench (Calgary): Deals with more serious indictable offences and jury trials. It may also handle appeals from Provincial Court decisions.

Key Participants in a Calgary Criminal Trial

Each trial involves multiple individuals with specific roles:

Crown Prosecutor: Represents the government and is responsible for proving the case beyond a reasonable doubt.
Defence Lawyer: Advocates on behalf of the accused, challenging the Crown’s evidence and raising legal defences.
Judge: Oversees the trial process, ensures the law is correctly applied, and either renders a verdict or provides legal guidance to a jury.
Jury (if applicable): In certain indictable matters, a group of 12 Calgary residents may be empanelled to determine guilt or innocence based on the facts presented.

Difference between Summary Conviction and Indictable Offences

Understanding the nature of the charges you’re facing is essential:

Summary Conviction Offences are generally less serious (e.g., mischief under $5,000) and are typically resolved in Provincial Court. Penalties are usually lighter and the process is faster.
Indictable Offences (e.g., robbery, aggravated assault) are more serious, may involve jury trials, and often result in more severe consequences if convicted.

Retaining a Calgary Criminal Defence Lawyer

Importance of Hiring a Local Criminal Lawyer with Calgary Court Experience

A Calgary-based criminal defence lawyer will have first-hand experience dealing with:

The Calgary Provincial Court and Court of King’s Bench procedures
The preferences and tendencies of local judges
The negotiation style and policies of Crown prosecutors
Regional nuances such as pre-trial diversion opportunities or sentencing trends

This local knowledge can give your case a strategic advantage, particularly when timing, negotiation, or judicial discretion plays a role in the outcome.

What to Bring to Your First Consultation

To make the most of your first meeting with a criminal lawyer in Calgary, come prepared with:

All police documents: including your Notice to Appear, release documents, and disclosure (if provided)
Bail conditions or undertakings: your lawyer needs to know any restrictions on your liberty
A detailed account of the incident: written notes or a timeline can help your lawyer understand your perspective
List of questions or concerns: about potential outcomes, timelines, or next steps

Being organized not only shows you’re taking the matter seriously but also helps your lawyer build a defence faster.

Legal Aid Alberta Eligibility and How to Apply

If you cannot afford a lawyer, Legal Aid Alberta may be able to assist. Eligibility is based on:

Income level and family size
Type of criminal charge and potential penalties
Whether there’s a likelihood of jail time if convicted

To apply, visit the Legal Aid Alberta website or call their client contact centre. Applications can also be made in person at the courthouse. If approved, Legal Aid will assign a lawyer or allow you to choose one from their roster.

Why Local Representation Matters: Familiarity with Calgary Judges and Crown

Choosing a lawyer who regularly practises in Calgary offers several benefits:

Reputation with Crown counsel may influence negotiation outcomes
Insight into judicial expectations can shape how your defence is presented
Streamlined communication with local contacts (court clerks, probation officers, etc.)
Proximity for in-person meetings, which is especially useful during time-sensitive stages like bail hearings or urgent motions

Pre-Trial Preparation Steps

Disclosure Review

One of the first and most critical steps is reviewing disclosure—the information and evidence the Crown intends to use against you.

Understanding the Evidence: Your lawyer will examine police reports, witness statements, surveillance footage, forensic results, and any other material provided by the Crown. This helps identify weaknesses in the case and determine viable defence strategies.
Requesting Full Disclosure: If the initial disclosure is incomplete, your lawyer will formally request additional materials. Full disclosure is your right under section 7 of the Charter of Rights and Freedoms, and no trial can proceed fairly without it.

Plea Considerations

Deciding whether to plead guilty or proceed to trial is a major decision that must be made with legal advice.

Pros and Cons:
- Pleading guilty may lead to a reduced sentence or lesser charge, especially for first-time offenders.
- Going to trial allows you to contest the allegations and may result in acquittal, but carries risks if the Crown’s case is strong.
Plea Bargains in Calgary: Your lawyer may negotiate with Crown prosecutors for a plea deal, such as:
- Withdrawal of certain charges
- Joint submissions for lenient sentencing
- Avoiding a criminal record (e.g., through a conditional discharge)

Each option must be weighed carefully, considering the evidence, your personal circumstances, and long-term consequences.

Building Your Defence

Your lawyer will work with you to develop the most effective defence strategy possible.

Gathering Evidence: This may include phone records, receipts, emails, social media content, and CCTV footage.
Identifying Witnesses: Friends, family, or bystanders who can support your version of events may be called to testify.
Expert Witnesses or Private Investigators: In more complex cases, your lawyer may consult forensic experts, medical professionals, or hire private investigators to gather additional information or challenge Crown evidence.

Attending Pre-Trial Conferences and Court Appearances

Several court appearances may occur before your actual trial.

Pre-Trial Conferences: These meetings help resolve procedural issues, narrow down contested matters, and confirm trial readiness. Judges often encourage resolution without trial when appropriate.
Punctuality and Conduct: Always arrive on time, dress appropriately, and follow courtroom etiquette. Your behaviour during these early appearances reflects your seriousness and respect for the court process.
Setting Trial Dates: Depending on court availability and case complexity, your trial date will be set during these sessions. Be prepared for delays or adjournments.

What to Expect on the Day of Trial

How to Dress and Conduct Yourself in Court

Dress professionally: Wear clean, conservative clothing such as a button-down shirt, dress pants, closed-toe shoes, or a modest dress. Avoid casual wear like jeans, shorts, or graphic t-shirts.
Show respect: Always stand when speaking to the judge, avoid interrupting, and address the judge as “Your Honour.”
Be calm and courteous: Even if emotions run high, never show frustration or speak out of turn during proceedings. Your behaviour is under scrutiny.

Arriving Early at Calgary’s Courthouse

Plan ahead to avoid any delays on trial day.

Location: Most trials take place at either:
- Calgary Courts Centre (601 5 Street SW) – houses both Provincial Court and Court of King’s Bench.
Arrival: Arrive at least 30–45 minutes early to allow time for security screening and to find your courtroom.
Parking: There are public parking lots nearby, including:
- Impark and Indigo lots on 5th Avenue and 6th Street
- Street parking (limited duration—check signage)

Be sure to check your court documents for the exact courtroom number and time.

Courtroom Layout and Who Will Be Present

Understanding the courtroom setup helps reduce anxiety:

The Judge (or judge and jury) presides from the front.
The Crown Prosecutor sits at one table, representing the government.
Your Defence Lawyer sits with you at the other table.
Court Clerk and Court Reporter manage documents and record the proceedings.
Witnesses testify from the witness box.
Public Gallery: Members of the public, media, or your supporters may be seated here.

If your trial includes a jury, 12 citizens will be present to evaluate the evidence and render a verdict in serious indictable offences.

Testifying in Your Defence and Cross-Examination Tips

If you choose to testify, your lawyer will prepare you thoroughly. Key points include:

Tell the truth and stick to the facts.
Listen carefully to each question and answer only what is asked—avoid volunteering extra information.
During cross-examination, remain composed, even if the Crown’s questions are aggressive or repetitive.
Practice beforehand with your lawyer to anticipate tough questions and maintain credibility.

You may also choose not to testify, and this cannot be used against you. Your lawyer will advise whether testifying benefits your case.

Understanding Verdict Delivery and Possible Sentencing Timeline

At the end of the trial:

Judge-alone trial: The judge will deliver a verdict—either immediately or in writing at a later date.
Jury trial: The jury will deliberate privately and return with a unanimous verdict.
If found not guilty, you’re free to go and the matter is closed.
If found guilty, sentencing may occur:
- Immediately, in some minor cases
- At a later date, especially if a pre-sentence report is ordered or additional submissions are required

Your lawyer will continue to represent your interests during sentencing and may argue for a lighter penalty, alternatives to jail, or appeal rights.

After the Trial: Next Steps

Understanding Sentencing Outcomes

If you are found guilty, the judge will impose a sentence that reflects the seriousness of the offence, your criminal history (if any), and any mitigating factors presented during trial.

Common sentencing outcomes in Calgary include:

Fines: Payable to the court, often with a set deadline.
Probation: You may be placed under supervision for a period with specific conditions (e.g., no contact orders, counselling, community service).
Jail Time: Depending on the severity of the offence, incarceration may be ordered. Sentences under two years are usually served in a provincial facility.
Conditional Sentences or Suspended Sentences: In some cases, jail time may be served in the community under strict conditions.

Your lawyer will explain your sentence in detail and advise on compliance.

Right to Appeal in Alberta Courts and Applicable Time Limits

If you believe a legal error occurred during your trial or sentencing, you may have the right to appeal.

Conviction Appeals: Filed if you believe the verdict was unjust or based on incorrect legal interpretation.
Sentence Appeals: Filed if the sentence is unduly harsh or inconsistent with similar cases.
Time Limit: Appeals must typically be filed within 30 days of the conviction or sentencing. It’s critical to act quickly.

Appeals are heard in the Alberta Court of Appeal, and your criminal defence lawyer can help determine if an appeal is viable.

Record Suspension (Pardon) Eligibility in the Future

A criminal conviction doesn’t have to follow you forever. You may be eligible for a record suspension (formerly known as a pardon), which seals your criminal record from most background checks.

Eligibility generally depends on:

Type of offence
Time elapsed since completion of your sentence (e.g., 5 years for summary offences, 10 years for indictable offences)
Demonstrated rehabilitation

You can apply through the Parole Board of Canada, and legal or community organizations in Calgary may help you prepare the application.

Accessing Community Support or Rehabilitation Programs in Calgary

Whether you’re moving forward after acquittal or rebuilding your life post-conviction, Calgary offers resources to help:

Calgary John Howard Society: Offers reintegration programs, housing assistance, and employment support for individuals with criminal records.
Elizabeth Fry Society of Calgary: Supports women involved in the criminal justice system through counselling, advocacy, and community resources.
Alberta Health Services (AHS): Provides addiction counselling, anger management, and mental health services, sometimes mandated as part of probation.

Calgary’s Criminal Code: Key Laws Every Resident Should Know

Khalid Akram · April 28, 2025 ·

Understanding the Criminal Code in Calgary

What Is the Criminal Code of Canada?

The Criminal Code of Canada is a federal statute that outlines criminal offences and procedures across the country. It defines what constitutes a crime and provides sentencing guidelines for offences ranging from theft and assault to impaired driving and fraud. Although the Code is consistent nationwide, enforcement and court procedures may vary by province and municipality.

How It Applies in Alberta

In Alberta, criminal offences outlined in the Code are enforced by local and provincial agencies. In Calgary, the Calgary Police Service (CPS) is responsible for investigating alleged crimes, making arrests, and forwarding cases to Alberta Crown Prosecutors, who determine whether charges should proceed in court.

The Role of the Calgary Police Service and Alberta Crown Prosecutors

Calgary Police officers enforce the law on the ground, responding to reports of crime, conducting investigations, and gathering evidence. Once a case is ready for prosecution, Alberta Justice and Solicitor General—through Crown prosecutors—handle the legal proceedings in Calgary’s Provincial Court or the Court of King’s Bench.

Crown prosecutors represent the public interest, not individual victims, and their role includes reviewing evidence, laying charges where appropriate, negotiating resolutions, and presenting cases at trial.

Why Knowing the Law Matters as a Calgary Resident

Whether you’re a lifelong Calgarian or a new arrival, understanding your rights and responsibilities under the law can help you:

Avoid unintentionally committing an offence
Protect yourself during interactions with police
Respond appropriately if accused of a crime
Know when to seek legal counsel

Basic knowledge of your legal obligations helps ensure smoother interactions with law enforcement and gives you the confidence to navigate everyday legal challenges.

Federal Laws vs. Provincial Enforcement in Alberta

While the Criminal Code is federal, the administration of justice is a provincial responsibility. This means that:

Alberta handles prosecution, courts, and legal aid services.
Procedures such as bail hearings, sentencing practices, andprobation enforcement are influenced by Alberta’s justice system and Calgary’s local practices.
Calgary-specific programs, like Mental Health Diversion, Drug Treatment Courts, or Youth Justice initiatives, may provide alternative resolutions for eligible accused individuals.

This division of responsibility often leads to unique legal pathways within Calgary that are not always the same as those in other provinces.

Common Criminal Offences in Calgary

Assault and Domestic Violence

Assault is broadly defined under the Criminal Code as the intentional application of force to another person without their consent—or even threatening to apply such force. This includes everything from pushing and slapping to more severe forms of violence.

In Calgary, domestic violence cases are treated with a zero-tolerance approach. The CPS has specialized units for handling these sensitive matters, and Crown prosecutors often pursue charges even when the alleged victim does not wish to proceed. Protective orders, no-contact conditions, and counselling requirements are commonly imposed.

Impaired Driving (DUI)

Alberta enforces strict laws against impaired driving, whether caused by alcohol, drugs, or both. A driver can be charged if their blood alcohol concentration (BAC) exceeds 0.08%, or even lower in some administrative cases under Alberta’s Immediate Roadside Sanctions (IRS) program.

Penalties include:

Licence suspensions
Fines and possible jail time
Mandatory participation in Alberta’s Ignition Interlock Program
A criminal record upon conviction

Calgary Police routinely conduct checkstops and use Approved Screening Devices (ASDs) for random roadside testing, especially during weekends and holiday periods.

Theft and Fraud

Theft-related offences are common in Calgary and range from petty shoplifting to complex fraud schemes. Credit card fraud, identity theft, and employee theft are frequently prosecuted. The Criminal Code distinguishes between theft under $5,000 and theft over $5,000, with more severe penalties applied to the latter.

In Calgary, fraud cases may involve:

Forged cheques or documents
Online scams
Misuse of credit or debit cards

Convictions can lead to restitution orders, probation, and incarceration, depending on the severity and amount involved.

Drug Offences

Drug-related charges are prosecuted under both the Criminal Code and the Controlled Drugs and Substances Act (CDSA). Calgary residents may face charges for:

Possession of a controlled substance
Trafficking, production, or possession for the purpose of trafficking

The distinction between simple possession and trafficking is significant—trafficking carries far harsher penalties, including mandatory minimum sentences in some cases.

Post-legalization, cannabis laws in Alberta still impose restrictions on:

Possession limits (30 grams in public for adults)
Consumption in public places (limited in Calgary)
Sale and distribution (must be through approved retailers)

Weapons Offences

Canada has strict laws regarding firearms and other weapons. Offences may involve:

Possession of prohibited or restricted weapons
Carrying a concealed weapon
Unsafe storage of firearms
Possession of a weapon for a dangerous purpose

In Calgary, local police closely monitor illegal firearms through enforcement units and community tips. Recent enforcement trends have focused on gang-related gun violence, with proactive policing in high-risk areas.

Legal Rights and What to Do If You’re Charged

Right to Remain Silent and Right to a Lawyer

Under the Canadian Charter of Rights and Freedoms, all individuals have two fundamental protections when interacting with law enforcement:

The right to remain silent: You are not obligated to answer police questions beyond identifying yourself.
The right to retain and instruct legal counsel without delay: Upon arrest or detention, you have the right to speak with a lawyer immediately.

These rights apply everywhere in Canada, including Calgary, and must be clearly explained to you by police at the time of arrest or detention.

What to Do During Arrest or Police Questioning in Calgary

If you’re arrested in Calgary:

Stay calm and cooperative, but do not answer questions beyond providing your name and basic identification.
Clearly state that you wish to remain silent and speak to a lawyer.
Do not resist arrest or become confrontational, even if you believe the arrest is unjust.
If questioned before speaking to a lawyer, repeat that you want legal counsel and do not engage in discussion.

Keep in mind that anything you say can be used against you in court, and police interviews may be recorded.

Importance of Contacting a Criminal Defence Lawyer Immediately

Getting legal advice right away can significantly affect the outcome of your case. A Calgary criminal defence lawyer can:

Explain the charges and potential consequences
Advise you on how to respond to police or Crown prosecutors
Represent you in bail hearings, court appearances, and negotiations
Help secure evidence or witnesses to support your defence

Early legal intervention often leads to better outcomes, such as withdrawal of charges, diversion programs, or reduced penalties.

Role of Calgary Legal Aid and Public Defenders

If you cannot afford a private lawyer, you may be eligible for Legal Aid Alberta, which offers subsidized legal services to low-income Calgarians facing criminal charges. Services may include:

Access to duty counsel at bail hearings and first appearances
Assignment of a Legal Aid lawyer for ongoing court representation
Assistance with bail applications, trial preparation, and plea negotiations

Legal Aid offices are located throughout Calgary, and duty counsel is usually available at Calgary courts to assist individuals on the spot.

How a Calgary Criminal Lawyer Can Help

Local Legal Expertise and Knowledge of Alberta Court Procedures

Criminal lawyers in Calgary are familiar with:

Alberta’s legal framework under the Criminal Code and provincial statutes
Local courtroom procedures, sentencing norms, and Crown prosecution practices
How to work with Calgary police disclosure packages and evidentiary requirements

This insider knowledge allows them to tailor your defence to local expectations and anticipate how judges or prosecutors might respond to various strategies.

Navigating Calgary’s Provincial and Court of King’s Bench Systems

Criminal cases in Calgary are typically heard in either:

Calgary Provincial Court (for most summary and indictable offences)
Court of King’s Bench of Alberta (for more serious matters or trials by judge and jury)

A seasoned Calgary defence lawyer knows how to navigate both court systems, including:

Scheduling hearings and pre-trials
Filing motions or Charter applications
Ensuring that legal procedures are properly followed from arrest to resolution

Defence Strategies for First-Time Offenders vs. Repeat Charges

Every criminal case is different, and a lawyer’s approach should reflect that. For example:

First-time offenders may benefit from diversion programs, peace bonds, or discharges that avoid a criminal record.
Repeat offenders may need more aggressive strategies focused on challenging evidence, negotiating plea deals, or mitigating sentencing outcomes.

An experienced lawyer will assess your personal background, criminal history (if any), and the facts of the case to build a customized defence.

Support with Bail Hearings, Plea Deals, and Trial Preparation

A Calgary criminal defence lawyer can assist with:

Bail hearings: Arguing for your release under reasonable conditions
Plea negotiations: Engaging with Crown prosecutors for reduced charges or penalties
Trial preparation: Gathering evidence, identifying legal defences, cross-examining witnesses, and representing you in court

Their support helps ensure that no legal detail is overlooked, and your rights are vigorously protected at every stage.

How to Choose the Right Criminal Defence Lawyer in Calgary

When selecting a lawyer in Calgary, consider:

Experience with your specific type of offence (e.g., DUI, assault, drug charges)
Local courtroom presence and reputation among Calgary judges and Crown counsel
Availability for in-person meetings, especially during time-sensitive situations like bail hearings
Whether they offer Legal Aid coverage or flexible payment plans

Most criminal defence lawyers in Calgary offer an initial free consultation, giving you a chance to evaluate their approach before committing.

A strong legal defence starts with the right advocate. If you’re facing charges in Calgary, don’t wait—consult with our criminal lawyer immediately to protect your freedom, reputation, and future.

Sentencing Options in Calgary: What to Expect After a Criminal Conviction

Khalid Akram · April 9, 2025 ·

Understanding Sentencing Options in Calgary Criminal Cases

When someone is convicted of a criminal offence in Calgary, Alberta, the process doesn’t end with a verdict. Instead, the next crucial phase begins—sentencing. Whether the accused was found guilty at trial or entered a guilty plea, the sentencing hearing plays a significant role in determining the legal consequences. For anyone facing charges, understanding how sentencing works—and how a Calgary criminal defence lawyer can help—can make all the difference.

How Sentencing Works in Calgary

Sentencing in Calgary follows the procedures outlined in the Criminal Code of Canada, which applies across the country, including Alberta. However, local court practices and individual judge discretion can influence the outcome. After a person is convicted or pleads guilty, the case moves to a sentencing hearing, which is typically held in Calgary’s Provincial Court or, for more serious matters, the Court of King’s Bench.

The Role of the Judge

The judge presiding over the case is responsible for determining the appropriate sentence. Their role is not simply to punish, but to impose a sentence that reflects the principles of justice, including:

Denunciation of unlawful conduct
Deterrence (both general and specific)
Rehabilitation of the offender
Protection of the public
Reparation for harm done to victims or the community
Promoting responsibility in offenders

To arrive at a fair sentence, the judge considers several statutory and case law factors, including the severity of the crime, the offender’s criminal history, and the circumstances of the offence.

Aggravating and Mitigating Factors

A critical part of sentencing involves evaluating aggravating and mitigating factors.

Aggravating factors increase the seriousness of the offence and may lead to a harsher sentence. These can include:
- Use of violence or weapons
- Breach of trust
- Repeat offences
- Impact on vulnerable victims (e.g. children or seniors)
Mitigating factors, on the other hand, may reduce the severity of the sentence. Examples include:
- Lack of prior criminal record
- Guilty plea and remorse
- Cooperation with police
- Mental health issues or addiction challenges

A skilled Calgary criminal defence lawyer will argue these points effectively, ensuring that mitigating factors are clearly highlighted to the court.

Pre-Sentence Reports

In many cases, the judge may order a pre-sentence report (PSR). Prepared by a probation officer, this report provides a comprehensive background on the offender, including:

Family and employment history
Substance use or mental health concerns
Community support systems
Risk of reoffending

The PSR gives the judge insight into the offender’s personal circumstances and helps shape an appropriate sentence—particularly when rehabilitation is a priority.

Victim Impact Statements

Victims of crime in Calgary also have the right to submit a Victim Impact Statement, which outlines the emotional, physical, and financial harm they have suffered due to the offence. These statements are read by the judge prior to sentencing and are taken into consideration when weighing the appropriate punishment.

Common Sentencing Options in Calgary

The outcome of a criminal case in Calgary doesn’t always mean jail time. Depending on the offence, personal circumstances, and the arguments presented by your criminal defence lawyer, the sentencing options can vary widely. Calgary courts have access to a range of sentencing tools designed to balance accountability, rehabilitation, and public safety.

Here are some of the most common sentencing options available in Calgary criminal cases:

Absolute Discharge

An absolute discharge is the most lenient sentence available under Canadian law. While the court finds the individual guilty, no conviction is registered, and there are no conditions attached.

Often used for first-time offenders involved in minor or technical offences
The person is effectively free to go, with no criminal record
Stays on police databases for one year but is not considered a conviction

A Calgary criminal defence lawyer may argue for an absolute discharge in cases where the offence is out of character or where the consequences of a conviction would be disproportionately harsh.

Conditional Discharge

A conditional discharge also avoids a criminal conviction but comes with specific conditions, typically in the form of a probation order.

Conditions may include: attending counselling, abstaining from drugs or alcohol, or performing community service
If the conditions are successfully met, the discharge becomes absolute and is removed from the record after three years

This sentencing option is common for non-violent offences and where the offender shows genuine remorse and a willingness to rehabilitate.

Fines

A fine is a monetary penalty that must be paid to the court and is sometimes used on its own or in conjunction with other sentencing options, such as probation.

The judge sets the amount based on the offender’s ability to pay
There are serious consequences for non-payment, including possible jail time or additional penalties

It’s important to understand that fines are not negotiable once ordered, so having a criminal defence lawyer advocate for a manageable amount is crucial.

Probation

Probation allows an individual to remain in the community under supervision rather than being incarcerated.

Can last up to three years
Common conditions include:
- Reporting to a probation officer
- Attending counselling or treatment programs
- Staying away from certain individuals or places

Probation is often used for offenders who pose little threat to public safety but still require monitoring and rehabilitation support.

Conditional Sentence (House Arrest)

A conditional sentence—commonly referred to as house arrest—is a custodial sentence served in the community, under strict conditions.

Only available when the sentence would have been less than two years
The court must be satisfied that public safety is not at risk
Conditions can include:
- Curfews
- Electronic monitoring
- Mandatory counselling or treatment

This option allows for rehabilitation while maintaining employment and family obligations, and is one that an experienced Calgary criminal defence lawyer may recommend when appropriate.

Incarceration (Jail or Prison)

When the offence is more serious or there are aggravating circumstances, a judge may impose a term of incarceration.

Sentences of less than two years are served in provincial facilities, such as the Calgary Remand Centre
Sentences of two years or more are served in federal penitentiaries managed by Correctional Service Canada
In some cases, the offender may become eligible for parole, allowing them to serve the remainder of their sentence in the community under supervision

While incarceration is the most severe form of sentencing, a strong legal defence can sometimes reduce the duration or advocate for alternatives.

Sentencing for Youth Offenders in Calgary

When a young person is charged with a crime in Calgary, the legal process differs significantly from that of adults. Youth offenders, typically those between the ages of 12 and 17, are sentenced under the Youth Criminal Justice Act (YCJA)—a federal statute that applies across Canada, including Alberta. The YCJA places a strong emphasis on rehabilitation, reintegration, and accountability, while recognizing the reduced moral blameworthiness of youth.

Application of the Youth Criminal Justice Act (YCJA)

The YCJA governs how youth criminal cases are handled in Calgary and throughout Canada. Unlike adult sentencing, which focuses on deterrence and punishment, the YCJA is designed to:

Promote rehabilitation and reintegration of youth into the community
Encourage meaningful consequences that address the harm caused by the offence
Reduce the use of custody for non-violent youth offences
Ensure that youth are held accountable in proportion to their age and development

A Calgary criminal defence lawyer experienced in youth justice can be instrumental in navigating this process, ensuring that the young person’s rights are protected and that their case is handled appropriately under the YCJA.

Emphasis on Rehabilitation and Community-Based Sentences

Calgary’s youth courts focus heavily on rehabilitative outcomes, rather than punitive ones. Judges aim to craft sentences that encourage young people to learn from their mistakes and develop into responsible citizens.

Community-based sentences are preferred and can include:

Probation with counselling requirements
Referral to community support services
Restorative justice programs, such as victim-offender mediation

These options aim to help youth address the underlying issues contributing to their behaviour, such as peer pressure, trauma, or socioeconomic challenges.

Unique Sentencing Options for Youth

The YCJA allows for sentencing options that are distinct from adult sentences, providing a more tailored approach to youth justice. In Calgary, some of the most common youth sentencing options include:

Community service hours – Young offenders may be required to contribute unpaid work to local organizations, promoting accountability and positive community engagement.
Attendance programs – These programs offer structured intervention, education, and counselling services designed to redirect at-risk youth.
Intensive support and supervision programs (ISSPs) – Used for high-needs youth who require close monitoring while remaining in the community.

Custody and detention are considered last resorts and are typically reserved for violent or repeat offenders. Even then, the youth may serve their time in youth custodial centres, not adult facilities.

Sentencing for Drug, Domestic, and Violent Offences in Calgary

In Calgary, sentencing outcomes can vary significantly depending on the type of offence, its seriousness, and the circumstances surrounding the case. The Criminal Code of Canada outlines the framework, but local context, offender background, and effective legal advocacy all play important roles in determining what sentence is imposed.

A seasoned Calgary criminal defence lawyer will tailor their defence strategy based on the unique characteristics of each case, especially when it involves sensitive or serious charges like drug offences, domestic violence, or violent crimes.

How Sentencing Varies Based on the Offence

Judges in Calgary consider a range of factors when sentencing drug, domestic, or violent offenders, including:

Whether the offence was planned or spontaneous
The offender’s criminal record (if any)
The harm caused to the victim or public
Aggravating factors like breach of trust, use of weapons, or offences committed in domestic settings
Mitigating factors such as addiction issues, remorse, or early guilty pleas

Let’s look at how sentencing typically plays out in some common categories of criminal offences:

Drug Possession

For simple drug possession, particularly of small quantities and for personal use, Calgary courts may consider rehabilitative and non-custodial options.

Conditional discharges are often granted to first-time offenders, allowing them to avoid a criminal conviction if they comply with conditions (e.g., probation).
Diversion programs may be available, especially for youth or individuals with addiction challenges. These programs focus on treatment and education rather than punishment.

A knowledgeable Calgary criminal defence lawyer may advocate for entry into these programs or alternative sentencing to keep the client out of the traditional correctional system.

Assault and Domestic Violence

Charges of assault and domestic violence are taken very seriously by Calgary courts, and sentencing depends heavily on the circumstances of the incident and any history of violence.

For minor or first-time offences, a peace bond or probation may be imposed, often with conditions like no-contact orders and counselling.
More serious or repeat offences can lead to jail time, especially if the victim was physically harmed or vulnerable.
Partner Assault Response (PAR) programs are often mandated in domestic cases to promote behavioural change.

In domestic violence cases, having a strong defence is crucial. A Calgary criminal defence lawyer can challenge the evidence, negotiate resolutions, or seek alternative sentences that emphasize rehabilitation.

Weapons Charges

Weapons offences, such as possession of a prohibited weapon or using a weapon during a crime, can carry harsh penalties, including mandatory minimum sentences in some cases.

Sentencing becomes more severe if the weapon was used to threaten or harm someone.
Convictions may result in federal incarceration, especially if tied to organized crime, drug trafficking, or violent offences.
Even unlawful possession of a firearm without intent to use it can result in strict custodial sentences.

Because of the serious consequences, anyone facing weapons charges should seek immediate guidance from a Calgary criminal defence lawyer to explore defences or reduce potential sentencing outcomes.

Alternatives to Jail in Calgary

Not every criminal charge in Calgary leads to incarceration. The justice system recognizes that jail isn’t always the most effective or fair outcome—especially for first-time offenders, those facing minor charges, or individuals who show a genuine willingness to take responsibility and rehabilitate. Fortunately, there are several alternatives to jail available in Calgary, and an experienced criminal defence lawyer can help you explore and access these options.

Diversion Programs in Calgary

One of the most widely used alternatives is the Adult Alternative Measures Program (AMP), offered through Calgary’s Crown Prosecution Service. This diversion program allows eligible individuals to avoid a criminal conviction by completing certain conditions in exchange for the withdrawal of charges.

Eligibility for AMP may depend on:

The nature of the offence (typically non-violent and low-risk)
Lack of prior criminal history
Willingness to accept responsibility

Conditions may include:

Attending counselling or education programs
Community service hours
Making restitution to victims

Once the program is successfully completed, the charges are withdrawn and no conviction is recorded. A Calgary criminal defence lawyer can advocate for your eligibility and work with the Crown to have your case diverted.

Peace Bonds (Section 810 of the Criminal Code)

Another common alternative to conviction is the issuance of a peace bond under Section 810 of the Criminal Code. This is often used in domestic, harassment, or minor assault cases where the Crown believes there’s a reasonable fear that the accused may cause harm, but a conviction is not necessary or possible.

A peace bond is not an admission of guilt
Typically lasts for 12 months
May include conditions like:
- No contact with specific individuals
- Staying away from certain places
- Attending counselling or treatment

By agreeing to a peace bond, the accused avoids a trial and conviction, making it a valuable option for resolving certain criminal matters in a way that protects both the public and the individual’s future.

Restorative Justice Options

In suitable cases, Calgary courts may also consider restorative justice programs, which aim to repair the harm caused by an offence through community involvement and dialogue between the offender and those impacted.

Community Justice Committees

These are made up of trained community members who meet with the accused to:

Discuss the impact of the offence
Create a plan for reparation, such as an apology, community service, or restitution
Monitor progress toward healing and accountability

Emphasis on Accountability and Healing

Restorative justice focuses less on punishment and more on:

Encouraging the offender to take responsibility
Giving victims avoice in the process
Rebuilding trust within the community

This option is especially common for youth offenders, minor crimes, or when there’s a clear willingness to make amends. A Calgary criminal defence lawyer can assess whether restorative justice is a viable option and guide clients through the process.

The Role of a Calgary Criminal Defence Lawyer in Sentencing

Advocating for Reduced or Alternative Sentencing

A primary responsibility of your defence lawyer is to advocate for the least restrictive sentence possible, given the nature of the offence and your personal circumstances. This could include requesting:

Probation instead of jail
Conditional discharges instead of convictions
Restorative justice or diversion programs for first-time offenders

By developing a strong sentencing submission, your lawyer can help the judge understand why an alternative approach is more appropriate than incarceration.

Presenting Mitigating Factors and Evidence of Rehabilitation

A strong sentencing position often rests on the ability to demonstrate mitigating factors, which can justify a more lenient sentence. Your Calgary criminal defence lawyer will gather and present evidence such as:

Lack of prior criminal history
Expressions of remorse and apology to the victim
Steps taken toward rehabilitation, such as completing counselling, addiction treatment, or anger management programs
Positive character references, employment history, or community involvement

These details help humanize the accused and show the court that a meaningful effort is being made to change.

Negotiating with Crown Prosecutors

An experienced criminal defence lawyer will also work to negotiate sentencing agreements with Crown prosecutors, often referred to as joint submissions. In some cases, both sides may agree to recommend a specific sentence to the judge, such as:

A conditional sentence served under house arrest
A peace bond in exchange for a withdrawn charge
A guilty plea with a reduced sentence recommendation

While judges are not bound by joint submissions, they generally accept them unless they are clearly inappropriate. This approach helps clients avoid the uncertainty of a contested sentencing hearing.

Understanding Local Sentencing Trends and Precedents

Every court operates a little differently, and knowing how Calgary judges typically handle certain charges can be a major advantage. A local Calgary criminal defence lawyer brings:

Knowledge of Calgary court practices
Familiarity with Crown policies and preferred resolutions
Insight into precedents set by similar cases in the region

This local expertise allows your lawyer to craft a sentencing strategy that aligns with what the court is most likely to accept.

Appealing a Sentence in Calgary

Not every sentence handed down by the court is final. If you believe that a sentence imposed in your criminal case was unreasonable, harsh, or legally inappropriate, you may have the right to appeal. In Calgary, sentence appeals are heard by the Alberta Court of Appeal, and having a knowledgeable Calgary criminal defence lawyer can make all the difference in navigating this complex process.

When and How to Appeal a Sentence

You may appeal a sentence if you believe:

The punishment is disproportionate to the offence
The judge made an error in law or fact during sentencing
The sentence fails to consider mitigating factors or relies too heavily on aggravating circumstances
A Charter right was violated

To initiate the appeal, your defence lawyer will file a Notice of Appeal with the Court of Appeal of Alberta. Appeals can focus solely on the sentence or may be combined with a conviction appeal, depending on the circumstances.

Sentence Appeals vs. Conviction Appeals

It’s important to understand the difference between the two:

A sentence appeal challenges the penalty imposed, not whether you were guilty or innocent.
A conviction appeal challenges the guilty verdict itself, which can also impact sentencing if overturned.

Sometimes, clients may accept responsibility for an offence but seek to appeal the sentence due to its severity or unfairness. A Calgary criminal defence lawyer will assess whether there are valid legal grounds to do so.

Time Limits and Legal Standards

In Alberta, sentence appeals must be filed within 30 days of the sentencing date. Extensions are possible in limited situations, but you must act quickly.

The Court of Appeal does not re-sentence the offender from scratch. Instead, the court will determine whether the sentencing judge made:

A legal error
A palpable and overriding error in fact
Imposed a sentence that is demonstrably unfit

If successful, the Court may reduce the sentence, replace it with an alternative (e.g., probation or a conditional sentence), or order a new sentencing hearing.

Appealing a sentence is a highly technical process that requires a strategic legal approach. If you feel your sentence was unjust, a Calgary criminal defence lawyer can advise you on the strength of your appeal, help meet deadlines, and fight for a fair outcome in the appellate court.

Going to Court for Criminal Charges in Calgary?

Khalid Akram · April 7, 2025 ·

Overview of the Criminal Court System in Calgary

If you’re facing criminal charges in Calgary, understanding how the local court system works is essential. Your criminal defence lawyer will guide you through the process, but it’s helpful to know the basics about the courts, types of offences, and where your hearings may take place.

The Two Main Court Levels in Calgary

In Calgary, criminal cases are heard in two primary levels of court within Alberta’s judicial system:

Calgary Provincial Court
Most criminal matters begin at the Provincial Court level. This court handles a wide range of criminal offences, including both summary conviction and many indictable offences, particularly at the early stages such as bail hearings, first appearances, and preliminary inquiries.
The Provincial Court is often the first stop for those charged with a criminal offence in Calgary.
Court of King’s Bench of Alberta
This is a superior trial court that deals with more serious criminal matters, particularly indictable offences such as sexual assault, robbery, or homicide. Trials involving juries or complex legal issues are typically held here.
The Court of King’s Bench also hears appeals from the Provincial Court and handles certain pre-trial applications.

Your criminal defence lawyer will determine which court your case will proceed in based on the seriousness of the offence and the choices made during the election process.

Summary Conviction vs. Indictable Offences

Criminal offences in Canada are categorized as either summary conviction offences or indictable offences, with some being hybrid offences (prosecuted as either, at the Crown’s discretion).

Summary Conviction Offences are generally less serious and carry lighter penalties (such as mischief or causing a disturbance). These cases are usually resolved more quickly and are often dealt with in Provincial Court.
Indictable Offences are more serious and carry the potential for greater penalties, including lengthy prison terms. Examples include aggravated assault, drug trafficking, or murder. These matters often proceed through the Court of King’s Bench.

An experienced Calgary criminal defence lawyer will help you understand the classification of your charge and how it affects your court process, legal rights, and defence strategy.

Calgary Courts Centre – The Main Courthouse

Most criminal proceedings in Calgary take place at the Calgary Courts Centre, located in the heart of downtown at:

Calgary Courts Centre
601 5 Street SW
Calgary, AB T2P 5P7

This modern courthouse houses both the Provincial Court and the Court of King’s Bench, making it the central location for most criminal cases in the city. It features multiple courtrooms, legal aid services, and resources for those navigating the justice system.

If you’re attending court here, your criminal defence lawyer will inform you of the date, courtroom number, and what to expect during your appearance. It’s always wise to arrive early, dress appropriately, and check in with court staff upon arrival.

Receiving a Court Date

If you’ve been arrested or charged with a criminal offence in Calgary, one of the first steps in the legal process is receiving a court date.

What Happens After an Arrest or Being Charged?

After being arrested or charged, the police may:

Release you at the scene with a document requiring you to attend court,
Hold you in custody and take you to a bail hearing,
Or issue paperwork outlining your charges and future court dates.

In many cases involving less serious or first-time offences, individuals are not held in custody. Instead, they are released with legal documents requiring them to attend court.

Understanding an Appearance Notice, Promise to Appear, or Undertaking

There are several types of legal documents you may receive from the police after being charged:

Appearance Notice: A formal notice given by police at the time of arrest or shortly after, requiring you to appear in court on a specific date and time. It may also require you to attend for fingerprinting.
Promise to Appear: Similar to an appearance notice, this is a document you sign, promising to appear in court as instructed. Failure to comply can result in further charges.
Undertaking: This is a document you sign that includes not only a court date, but additional conditions (e.g., no contact with a certain person, no consumption of alcohol, or a curfew). These conditions are legally binding.

Your Calgary criminal defence lawyer will review these documents with you to ensure you understand your obligations and avoid any accidental breaches.

The Importance of Attending Court on Your Scheduled Date

Failing to attend court on your scheduled date—whether due to forgetting, misunderstanding, or avoiding the process—can lead to serious consequences. If you miss your court appearance without a lawful excuse:

A bench warrant may be issued for your arrest
Additional criminal charges (such as failing to appear) may be laid
It could negatively affect your bail status or your chances of receiving favourable treatment from the court

Your criminal defence lawyer can appear on your behalf for certain court dates, depending on the nature of the offence. However, this must be arranged in advance, and you should always confirm with your lawyer whether your presence is required.

Your First Appearance in Calgary Criminal Court

Attending your first court appearance can feel overwhelming, especially if it’s your first time navigating the legal system. With guidance from an experienced criminal defence lawyer, you’ll be better prepared to face the process with confidence.

What to Expect During Your First Court Appearance

Your first appearance in Calgary criminal court is not a trial. It’s a procedural step where the court ensures you understand your charges, confirms that you’ve received disclosure (the evidence against you), and determines your next steps.

Key things to expect:

You’ll be asked to identify yourself for the record.
The Crown prosecutor may outline the charge(s) against you.
You won’t be required to present a defence or evidence at this stage.
The court may ask whether you’ve retained a lawyer or require more time to do so.
You may be given the opportunity to enter a plea.

The primary goal of the first appearance is to move your case forward, either by setting a trial date, resolving the matter, or giving you more time to retain legal counsel.

Duty Counsel Services at the Calgary Courts Centre

If you do not yet have a criminal defence lawyer, free legal assistance is available through duty counsel at the Calgary Courts Centre, located at 601 5 Street SW.

Duty counsel are licensed lawyers who provide basic legal advice and representation for individuals attending court without their own lawyer. They can help you:

Understand the charges
Request an adjournment
Enter a plea
Apply for legal aid
Navigate bail hearings, if applicable

While duty counsel can assist with initial appearances and procedural matters, they are not a substitute for retaining your own criminal defence lawyer—especially if your matter is serious or complex.

Do You Need a Lawyer Present?

Although you are not legally required to have a lawyer at your first appearance, it is strongly recommended that you consult with a Calgary criminal defence lawyer beforehand.

A lawyer can:

Help you understand your rights
Review disclosure
Communicate with the Crown on your behalf
Appear in court for you (in some summary matters)
Advise you on the best course of action, including whether to enter a plea

Failing to seek legal advice could result in unintended consequences—such as entering a guilty plea without fully understanding the penalties or long-term effects on your record.

Option to Plead Guilty or Not Guilty

At your first appearance, the court may ask how you intend to plead:

Pleading Guilty: You admit to the offence and move forward to sentencing. This is a serious decision that should only be made after consulting with a criminal defence lawyer, who can help you understand the consequences and may be able to negotiate a more favourable outcome.
Pleading Not Guilty: This means you deny the charge or require the Crown to prove its case beyond a reasonable doubt. A not guilty plea will lead to the scheduling of a trial or pre-trial conference.

You are not required to enter a plea at your first appearance. In many cases, your lawyer will request an adjournment so they can review the disclosure materials before advising you on the best strategy.

Disclosure and Pre-Trial Proceedings

After your first appearance in Calgary criminal court, the focus shifts to the pre-trial phase. This stage is critical for building your defence and determining how your case will proceed. With the help of a skilled criminal defence lawyer, you can explore legal options, assess the evidence, and potentially resolve the matter without a trial.

Crown Disclosure: Receiving Evidence and Documents from the Prosecution

One of the first steps in the pre-trial process is disclosure. Under Canadian law, the Crown prosecutor is obligated to provide you (or your lawyer) with all relevant evidence related to your case. This is known as Crown disclosure and typically includes:

Police reports
Witness statements
Surveillance footage or photographs
Forensic evidence (if applicable)
Notes from investigators
Any other material the Crown intends to rely on in court

Your criminal defence lawyer will review the disclosure in detail to identify weaknesses in the Crown’s case, assess the legality of police actions, and determine the best course of action—whether to proceed to trial, negotiate a resolution, or challenge the charges.

Pre-Trial Discussions Between Your Lawyer and Crown

Once disclosure is received and reviewed, pre-trial discussions between your lawyer and the Crown prosecutor often take place. These conversations—known as Crown resolution meetings or pre-trial conferences—can help clarify the issues, narrow down the evidence, and sometimes lead to a resolution without a trial.

Your lawyer may use these discussions to:

Seek a withdrawal or reduction of charges
Propose alternative outcomes, such as diversion programs
Negotiate plea arrangements
Set parameters for trial (such as length or agreed facts)
Identify Charter violations or procedural concerns

An experienced Calgary criminal defence lawyer will advocate on your behalf to ensure any resolution is fair and in your best interest.

Filing Charter Applications if Your Rights Were Violated

If your constitutional rights under the Canadian Charter of Rights and Freedoms were violated—for example, if you were unlawfully detained, denied access to a lawyer, or subjected to an unreasonable search—your lawyer may file a Charter application.

Charter applications can lead to serious consequences for the prosecution, including:

Exclusion of improperly obtained evidence
A stay of proceedings (charges being dropped entirely)
Remedies for delays or mistreatment in the legal process

These applications must be carefully prepared, supported by evidence, and filed in accordance with court timelines. This is where having a knowledgeable criminal defence lawyer becomes especially important.

Possibility of Resolution Discussions or Diversion Programs

Not all criminal cases need to go to trial. In some instances, the Crown may offer resolution options, particularly for less serious or first-time offences. These may include:

Diversion programs: Involving counselling, community service, or other rehabilitative steps in exchange for the charges being withdrawn upon successful completion.
Peace bonds: In some cases, you may agree to enter into a peace bond (a court order to keep the peace and be of good behaviour) as a condition for charges being dropped.
Alternative measures: Youth and adult offenders may be eligible for restorative justice or community-based programs that allow them to take responsibility without a criminal conviction.

A trusted Calgary criminal defence lawyer will review your eligibility for these options and help you decide if a resolution is better than proceeding to trial.

Bail Hearings in Calgary

If you’re arrested and held in custody after being charged with a criminal offence in Calgary, your next critical step is the bail hearing. This legal proceeding determines whether you will be released from custody while awaiting trial. Having an experienced criminal defence lawyer—or specifically a Calgary bail hearing lawyer—can significantly impact the outcome of your release.

If You’re Being Held in Custody Before Trial

When police believe your release is not appropriate—based on factors such as the seriousness of the offence, concerns about public safety, or the likelihood of you attending court—they may keep you in custody. In such cases, you will be brought before a judge or justice of the peace for a bail hearing, typically within 24 hours of your arrest.

At this hearing, the Crown prosecutor may oppose your release, especially if:

You have a criminal record
The offence involves violence or weapons
There is a concern you may not return to court
The Crown seeks to demonstrate that detention is necessary for public confidence in the justice system

Your criminal defence lawyer will advocate for your release by presenting a release plan and demonstrating that any concerns raised by the Crown can be addressed with appropriate conditions.

The Role of a Calgary Bail Hearing Lawyer

A Calgary bail hearing lawyer plays a crucial role in preparing and presenting your case for release. They will:

Explain the bail process to you
Gather evidence and background information
Coordinate with potential sureties (individuals who agree to supervise you)
Propose conditions that satisfy the court’s concerns
Argue in your favour during the hearing to increase the chances of your release

Given the urgency and potential impact on your liberty, it’s important to involve a qualified criminal defence lawyer early in the process.

Conditions for Release and Bail Supervision Programs

If the court agrees to release you on bail, it will usually come with conditions, such as:

Reporting regularly to police or a bail supervisor
Residing at a specific address
Avoiding contact with certain individuals
Abstaining from drugs or alcohol
Curfews or geographic restrictions

In some cases, individuals may be released under bail supervision programs, which provide structured oversight through community agencies. These programs are available in Calgary and are often used when the court needs assurance that the accused will comply with their release terms.

Hearings Usually Held at Calgary Remand Centre or via Video Link

Bail hearings in Calgary typically take place either:

At the Calgary Remand Centre, where individuals are held in custody, or
By video link to the Calgary Courts Centre, particularly for weekend or remote hearings

Video bail appearances have become more common across Alberta, allowing faster scheduling and reducing the need for in-person transport.

Your criminal defence lawyer will coordinate with the court and correctional facility to ensure you’re prepared for the hearing, whether it’s in person or virtual.

Trial Process in Calgary Criminal Court

If your case proceeds to trial in Calgary, understanding the court process will help you prepare for what lies ahead. The trial is where the Crown must prove the charges against you beyond a reasonable doubt. With the guidance of an experienced criminal defence lawyer, you’ll be equipped to challenge the evidence and protect your rights every step of the way.

Trial in Provincial Court vs. Court of King’s Bench

In Calgary, criminal trials can take place in either the Provincial Court of Alberta or the Court of King’s Bench, depending on the nature of the offence and how the Crown proceeds.

Provincial Court: Most summary conviction offences and some less serious indictable offences are heard here. Trials are judge-alone (no jury), and the process is typically more streamlined.
Court of King’s Bench of Alberta: More serious indictable offences are heard in this superior court. Defendants may elect to have a trial by judge alone or by judge and jury. This court follows more formal procedures and is used for complex or high-stakes cases.

Your Calgary criminal defence lawyer will help you determine which court is most appropriate for your case and explain the implications of each option.

Steps in a Criminal Trial

Whether your trial takes place in Provincial Court or the Court of King’s Bench, the structure is generally the same. Each step is designed to ensure a fair and impartial process.

1. Opening Statements

The Crown prosecutor begins by outlining the case against you. If the defence chooses to make an opening statement, it usually follows after the Crown has presented its evidence.

2. Presentation of Crown and Defence Evidence

The Crown presents its evidence first, including documents, physical evidence, and witness testimony. After the Crown’s case concludes, your criminal defence lawyer will present your defence—if applicable—through evidence or witnesses that support your position.

3. Witness Testimony and Cross-Examination

Witnesses from both sides may be called to testify. Your lawyer will cross-examine the Crown’s witnesses to challenge their credibility or version of events. Similarly, the Crown may cross-examine any witnesses the defence presents.

4. Closing Arguments

After all evidence is presented, both sides deliver closing arguments. The Crown will summarize why the evidence supports a conviction, while your criminal defence lawyer will argue for your acquittal based on weaknesses in the Crown’s case, Charter violations, or the lack of proof beyond a reasonable doubt.

5. Verdict by Judge or Jury

In Provincial Court, the judge will review the evidence and deliver a verdict.
In Court of King’s Bench, your case may be decided by a judge alone or a jury (for serious indictable offences). The judge or jury will determine whether you are guilty or not guilty based on the evidence presented at trial.

The Role of Your Criminal Defence Lawyer During Trial

Your criminal defence lawyer plays a vital role in defending your rights during trial. Their responsibilities include:

Challenging the admissibility of evidence
Objecting to improper questions or procedures
Questioning the credibility of Crown witnesses
Presenting evidence and calling witnesses in your defence
Making persuasive legal arguments in closing submissions
Ensuring your Charter rights are upheld throughout the proceedings

An experienced Calgary criminal defence lawyer will also advise you on whether to testify, help you prepare if you choose to do so, and guide you through every phase of the trial with strategic insight.

Sentencing If Found Guilty

If you’re found guilty of a criminal offence in Calgary—either by pleading guilty or being convicted after trial—the court will move to the sentencing phase. Sentencing is where the judge determines an appropriate penalty based on the offence, the circumstances, and your personal background. With the help of an experienced criminal defence lawyer, you can seek a fair and proportionate outcome that takes into account all relevant factors.

Sentencing Hearing and Options Available

The sentencing hearing usually takes place on a separate date after the verdict. Both the Crown prosecutor and your criminal defence lawyer will make submissions to the judge regarding:

The appropriate type of sentence
The length or severity of the sentence
Any aggravating or mitigating factors
Your personal background and willingness to rehabilitate

The judge considers these submissions before delivering the final sentence. Your lawyer may also present additional materials, such as letters of reference or support from community members.

Fines, Probation, Conditional Discharges, or Incarceration

There are a range of sentencing options available under the Criminal Code of Canada, depending on the offence and your criminal history. These include:

Absolute or Conditional Discharge: No conviction is registered, but you may have to follow certain conditions for a period of time (conditional discharge). A discharge is more likely for first-time, low-risk offenders.
Fines: A monetary penalty paid to the court, either alone or in combination with other sanctions. Fines are more common for summary conviction offences.
Probation: You may be ordered to follow specific conditions (e.g., reporting to a probation officer, attending counselling) for a set period while living in the community.
Conditional or Intermittent Sentence: You may serve a sentence under strict conditions in the community, or on weekends if eligible.
Incarceration (Jail or Prison): For serious offences, the judge may impose a custodial sentence in a provincial jail (under 2 years) or federal penitentiary (2 years or more).

Your Calgary criminal defence lawyer will argue for the most lenient and appropriate sentence based on your personal situation, the nature of the offence, and any steps you’ve taken toward rehabilitation.

Impact of Prior Criminal Record

Your criminal record plays a significant role during sentencing. If you have no prior convictions, you may be eligible for lighter sentences such as discharges or probation. However, if you have a history of similar offences, the court may impose a harsher penalty to deter future behaviour.

A skilled criminal defence lawyer will highlight your positive attributes—such as employment, family support, or voluntary counselling—to counterbalance any past mistakes and help reduce the severity of the sentence.

Role of Pre-Sentence Reports and Victim Impact Statements

Two important tools may be considered during sentencing:

Pre-Sentence Report (PSR): Ordered by the judge and prepared by a probation officer, this report provides insight into your background, mental health, employment, and risk factors. It helps the court understand you as a person—not just the offence.
Victim Impact Statement: The victim may submit a written or oral statement outlining how the offence affected them emotionally, physically, and financially. The judge must consider this statement when determining the sentence.

Both documents are key to ensuring a fair and balanced sentencing process. Your criminal defence lawyer can help you prepare for the impact of these reports and respond appropriately.

Appealing a Decision in Calgary

Being found guilty or receiving an unfavourable sentence doesn’t necessarily mean the end of the road. In Calgary, if you believe a legal error was made during your trial or sentencing, you have the right to appeal the decision. With the help of a knowledgeable criminal defence lawyer, you can navigate the appeals process and potentially have your conviction overturned or sentence reduced.

Time Limits for Appeal

In Alberta, strict time limits apply when filing an appeal. Generally, you must file:

Within 30 days of the date of sentencing or conviction (whichever comes last)

Missing this deadline can result in your appeal being dismissed, so it’s important to speak with a criminal defence lawyer immediately if you’re considering an appeal. In rare cases, you may request an extension, but the court must be satisfied that there’s a valid reason for the delay.

Types of Appeals: Conviction, Sentence, or Both

There are different types of appeals you can file, depending on the outcome of your case:

Conviction Appeal: You argue that the guilty verdict was reached due to a legal or factual error, such as improper admission of evidence, misdirection to the jury, or lack of proof beyond a reasonable doubt.
Sentence Appeal: You agree with the conviction but believe the sentence imposed was too harsh or unjust. The Court of Appeal may reduce or modify the sentence.
Appeal of Both Conviction and Sentence: In some cases, both the verdict and the punishment are challenged.

Your criminal defence lawyer will review the trial transcripts and identify any legal errors that may have affected the outcome of your case.

Filing with the Alberta Court of Appeal

All criminal appeals from decisions made in the Calgary Provincial Court or Court of King’s Bench are heard by the Alberta Court of Appeal, which sits in Calgary at:

📍 TransCanada Pipelines Tower
425 1 Street SW
Calgary, AB T2P 3L8

Appeals must be filed with the court registry, and the process includes submitting:

A formal Notice of Appeal
A written factum (legal argument)
Trial transcripts and relevant documents

The process is technical and document-heavy. A judge or panel of judges will review the case and may hold an oral hearing before making a decision.

Why Legal Representation Is Essential at This Stage

Appeals are highly complex and differ significantly from trials. You are not presenting new evidence; instead, you’re arguing that the trial court made a legal mistake. That’s why having an experienced criminal defence lawyer on your side is critical.

Your lawyer will:

Assess the merits of your appeal
Draft persuasive legal arguments
Navigate procedural rules and court deadlines
Represent you during appeal hearings
Maximize your chances of success

Attempting to handle an appeal without legal representation is risky and often unsuccessful. The stakes are high, and proper legal advocacy can make a meaningful difference in the outcome.