Criminal Law

Calgary’s Criminal Court System: An Overview

Court Levels

Calgary’s criminal cases are generally handled in one of two primary court levels, each designated for cases of varying severity:

• Provincial Court of Alberta: Located at the Calgary Court Centre, the Provincial Court handles most criminal cases, including initial hearings, preliminary inquiries, and trials for summary conviction offences, which are generally considered less severe crimes. These cases might include lower-level misdemeanours, traffic offences, and other non-violent criminal charges.
• Court of King’s Bench: For more serious criminal offences, such as indictable offences (which often involve violence or significant harm), cases are escalated to the Court of King’s Bench. This higher court is also housed in the Calgary Court Centre and deals with severe criminal matters like major thefts, violent crimes, and complex cases. The Court of King’s Bench is equipped to handle trials that may involve a judge or a judge and jury, depending on the case’s nature and the defendant’s choice.

Types of Cases

Criminal cases in Calgary range in severity and nature, each carrying unique implications within the legal system. Here is a breakdown of the common types of criminal cases handled in Calgary courts:

• Misdemeanours: Misdemeanours typically involve lesser criminal offences, such as minor theft, simple assault, or disorderly conduct. These are often processed more quickly through the Provincial Court and may involve less severe penalties if the defendant is convicted.
• Felonies: More serious offences, known as indictable offences in Canadian law, include crimes such as assault causing bodily harm, sexual offences, and significant theft cases. Felonies are often dealt with in the Court of King’s Bench, where more extensive legal proceedings may be necessary.
• Traffic Offences: While some traffic offences are civil matters, criminal traffic offences like impaired driving, dangerous driving, or driving without a license are handled in Calgary’s criminal courts. Traffic-related criminal charges often carry strict penalties, including fines, license suspension, or even imprisonment for repeat offenders.

Preparing for Your Court Appearance

Dress Code and Etiquette

Here are some tips for dressing and behaving appropriately in a Calgary courtroom:

• Dress Code: Aim to wear conservative, professional attire. For men, this typically means a suit or dress shirt with trousers, while women may consider a modest dress, blouse with skirt, or dress slacks. Avoid casual clothing like jeans, shorts, t-shirts, or anything overly revealing. Dressing professionally shows that you take the proceedings seriously and are respectful of the court’s decorum.
• Courtroom Etiquette: Observing courtroom etiquette is just as crucial as dressing appropriately. Arrive quietly, and be mindful to turn off your phone or any electronic devices before entering the courtroom. Address the judge respectfully by standing when speaking, using formal language, and refraining from interrupting. Your Calgary criminal lawyer will guide you on these etiquettes, ensuring you are aware of proper courtroom behavior.

What to Bring and Arriving on Time

Being prepared with essential items and arriving punctually are vital steps for a successful court appearance. Here’s what you need to know:

• What to Bring: It’s crucial to bring your government-issued identification, any legal documents relevant to your case, and any items your lawyer has advised you to bring, such as evidence or personal statements. Your criminal lawyer in Calgary will likely provide you with a checklist of documents to ensure you have everything required on the day of the hearing.
• Arriving on Time: Plan to arrive at least 30 minutes early, as security checks at the Calgary Court Centre can take some time. Early arrival allows you to meet with your lawyer before the session, clarify any last-minute questions, and mentally prepare for the hearing. Punctuality reflects respect for the court and ensures that you are not rushed or anxious before your appearance.

Mental Preparation

Here are some strategies to consider:

• Visualize the Process: Familiarizing yourself with what happens during a court appearance can help ease nervousness. Calgary criminal lawyers are experienced in courtroom procedures and can walk you through each step, from addressing the judge to responding to questions. Knowing what to expect can make the experience feel more manageable.
• Breathing and Relaxation Techniques: Practicing breathing exercises or meditation techniques can help calm your nerves. Taking deep breaths before entering the courtroom can help you maintain a composed and steady demeanor, even if you feel nervous.
• Seek Support from Your Lawyer: Criminal lawyers in Calgary understand the high levels of stress that clients face in criminal proceedings. Many criminal lawyers provide emotional support and reassurance, helping clients understand their rights, prepare responses, and navigate each stage with confidence.

Key People in the Calgary Criminal Courtroom

The Judge

Here’s what to know about the judge’s role:

• Overseeing Proceedings: The judge ensures that both sides—prosecution and defense—have a fair chance to present their case and that the legal rights of the accused are protected throughout the trial.
• Making Rulings: Judges make decisions on legal matters that arise during the trial, such as admissibility of evidence or objections raised by either side. They provide rulings to keep the trial progressing and maintain legal integrity.
• Delivering Sentences: If a defendant is found guilty, the judge is responsible for delivering the sentence, which may include fines, community service, probation, or imprisonment. Judges consider factors like the severity of the crime, the defendant’s history, and the law when deciding on sentencing.

Crown Prosecutor

The Crown Prosecutor, also known as the prosecutor or the Crown, represents the state and is responsible for proving the case against the accused. Their primary duties include:

• Presenting the Case Against the Accused: The Crown Prosecutor gathers evidence, presents witnesses, and argues why the defendant should be found guilty based on the evidence.
• Burden of Proof: In criminal cases, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt. This high burden of proof means the prosecutor must present a compelling case, as any reasonable doubt can lead to acquittal.
• Negotiating Plea Bargains: In some cases, the Crown Prosecutor may negotiate a plea deal with the defense if it’s in the best interest of both the state and the defendant. Plea bargains can reduce sentencing or charges in exchange for a guilty plea, potentially avoiding a lengthy trial.

The Crown Prosecutor’s role is to represent the public interest while upholding justice. Your criminal lawyer will challenge the evidence presented by the prosecutor, aiming to create reasonable doubt or negotiate terms favorable to your case.

Defence Lawyer

Here’s what they do:

• Case Strategy and Defense: Criminal lawyers assess the evidence, gather witnesses, and develop a defense strategy based on the facts of the case. Their goal is to challenge the prosecution’s case, protect their client’s rights, and seek the best possible outcome.
• Representation in Court: Defense lawyers present arguments, cross-examine witnesses, and address the judge and jury on behalf of their client. They work to counter the Crown’s claims and raise doubt about the client’s guilt.
• Advising the Accused: Throughout the process, your criminal lawyer will provide guidance on court procedures, your rights, and possible outcomes. They ensure that you are well-prepared and fully informed at every step.

Court Clerk and Court Reporter

The court clerk and court reporter may not actively participate in the trial, but their roles are essential in managing courtroom logistics and ensuring an accurate record of proceedings.

• Court Clerk: The court clerk manages the court’s administrative tasks, including organizing case files, calling the court to order, and swearing in witnesses. They ensure that all paperwork and documents are in order and may assist the judge in various procedural matters.
• Court Reporter: The court reporter is responsible for transcribing everything said during the trial, creating an official record of the proceedings. This transcript can be referenced in appeals or future legal matters, making accuracy essential.

Other Personnel: Bailiffs, Security Officers, and Other Staff

In addition to the main courtroom figures, other personnel contribute to courtroom safety, organization, and order:

• Bailiffs and Security Officers: These individuals ensure courtroom safety, manage entry and exit of individuals, and enforce rules of conduct. They may assist in escorting the accused and maintaining a secure environment for all participants.
• Other Staff: Depending on the case, other professionals, like interpreters or victim support personnel, may be present. Interpreters assist those who require language support, and victim support staff offer guidance to victims or families involved in the case.

The Criminal Courtroom Process in Calgary

Initial Appearance or Arraignment

The initial appearance, also known as an arraignment, is the first formal court appearance for someone facing criminal charges in Calgary. During this session:

• Reading of Charges: The court formally reads the charges against the accused, ensuring they understand the allegations.
• Entering a Plea: The accused, with guidance from their criminal lawyer, will enter a plea of guilty, not guilty, or sometimes request additional time before entering a plea. Pleading not guilty sets the stage for further legal proceedings, while a guilty plea may lead directly to sentencing.

The initial appearance sets the tone for the case, and having a Calgary criminal lawyer at this stage is crucial. Your lawyer can explain the charges, advise on plea options, and outline the potential next steps in your case.

Pre-Trial Motions

Pre-trial motions are critical legal arguments made before the trial formally begins. These motions can significantly impact the trial’s direction and may include requests for specific rulings or evidence exclusions. Common pre-trial motions in Calgary criminal cases include:

• Motion to Suppress Evidence: If the defense believes certain evidence was obtained unlawfully, they can request its exclusion from the trial. If successful, this motion can weaken the prosecution’s case by limiting the evidence they can present.
• Motion for Dismissal: In some cases, the defense may argue that there isn’t sufficient evidence to proceed with the trial. If the judge agrees, the case may be dismissed, ending the legal process before it fully begins.
• Motion to Change Venue: If the defense believes the case should be tried outside Calgary due to potential biases or other factors, they may request a change of venue.

Trial Proceedings

If the case proceeds to trial, it enters several structured phases, each serving a distinct purpose in presenting both sides of the case. Calgary criminal lawyers guide their clients through each stage, which includes:

• Opening Statements: The trial begins with opening statements from both the prosecution and defense. The prosecution will outline their case, explaining the evidence they plan to present, while the defense may give an overview of their arguments and strategy.
• Witness Testimonies and Evidence Presentation: During this phase, the prosecution calls witnesses to testify and presents evidence to support their case. Witnesses may include experts, police officers, and other relevant parties.
• Cross-Examinations: The defense has the opportunity to question the prosecution’s witnesses, challenging their credibility or the validity of their statements. Cross-examinations are a vital part of the defense strategy and can reveal inconsistencies or raise doubts.
• Defense Presentation: Following the prosecution, the defense can present its own witnesses and evidence. This may include alibi witnesses, expert testimonies, or other evidence that supports the defendant’s innocence.
• Closing Arguments: Both the prosecution and defense make closing arguments, summarizing their cases and highlighting key points to persuade the judge or jury of their position.

Sentencing Hearing

If the accused is found guilty, the court schedules a sentencing hearing. This hearing determines the punishment based on factors such as the severity of the crime, the defendant’s criminal history, and any mitigating or aggravating circumstances. At the sentencing hearing:

• Presentation of Arguments: Both the prosecution and defense present arguments regarding sentencing. The prosecution may push for a harsher sentence, while the defense seeks a lighter penalty, often highlighting factors such as the defendant’s character, remorse, or unique circumstances.
• Sentencing Decision: The judge makes the final decision on sentencing, which may include fines, probation, community service, or imprisonment, depending on the nature of the crime.

Possibility of Appeals

If there are grounds to believe that errors or injustices occurred during the trial, the defendant may have the option to appeal. An appeal is a formal request for a higher court to review the case and potentially overturn or adjust the verdict. Here’s how criminal lawyers assist with appeals:

• Grounds for Appeal: Appeals are typically based on procedural errors, misinterpretations of the law, or instances where the defendant’s rights may have been compromised. Criminal lawyers can identify these grounds and determine if an appeal is justified.
• Filing an Appeal: If an appeal is filed, the appellate court reviews the case’s legal aspects, not the factual findings. The defense presents written arguments (briefs) that outline why they believe the verdict or sentence was incorrect.
• Appellate Decision: The appeals court may uphold the original verdict, order a new trial, or, in some cases, reduce or dismiss the charges.

Key Courtroom Terms and Legal Procedures

Plea Bargaining

Plea bargaining is a legal process in which criminal lawyers negotiate with the Crown Prosecutor to potentially reduce the charges or penalties a defendant may face. Here’s how plea bargaining works and why it’s an important aspect of criminal defense in Calgary:

• Negotiation Process: In plea bargaining, the defense and prosecution discuss potential agreements before a trial begins. The defendant may agree to plead guilty to a lesser charge or accept a lighter sentence in exchange for avoiding a lengthy trial. Plea deals are often beneficial for the prosecution and the defense, as they can resolve cases efficiently and with greater certainty.
• Benefits for the Accused: A well-negotiated plea deal can significantly reduce the severity of a sentence or eliminate certain charges altogether. Criminal lawyers in Calgary are skilled at evaluating the strengths and weaknesses of a case and negotiating terms that best serve their client’s interests.

Cross-Examination

Cross-examination is a critical phase of any criminal trial, where the defense lawyer questions witnesses presented by the prosecution. The goal of cross-examination is to challenge the credibility of witnesses and expose inconsistencies that may benefit the defendant’s case. Here’s why cross-examination is vital:

• Challenging Credibility: During cross-examination, criminal lawyers may question witnesses about discrepancies in their statements, possible biases, or previous inconsistent testimonies. This can create reasonable doubt in the minds of the judge or jury, which is essential for a successful defense.
• Building a Strong Defense: Effective cross-examination can dismantle the prosecution’s case, revealing weaknesses or contradictions that support the defense. Skilled Calgary criminal lawyers use cross-examination to cast doubt on the reliability of evidence, strengthening their client’s position.

Objections

Objections are raised by criminal lawyers to address potential unfairness or procedural errors during the trial. When an objection is raised, the judge must decide whether to sustain (agree with) or overrule (deny) the objection. Here are some common objections and why they are essential in maintaining a fair trial:

• Relevance: Criminal lawyers may object if they believe certain questions or evidence are irrelevant to the case. This prevents unnecessary information from distracting the judge or jury.
• Leading Questions: During direct examination, lawyers are generally prohibited from asking leading questions that suggest the answer. If a prosecutor asks a leading question, the defense can object to ensure fairness.
• Hearsay: Hearsay refers to statements made outside of court that are presented as evidence. Unless it meets specific legal exceptions, hearsay is generally inadmissible, as it can’t be verified under oath. Criminal lawyers may object to hearsay to prevent unreliable evidence from influencing the trial.

Judge vs. Jury Trials

In Calgary’s criminal court system, cases can be heard either by a judge alone or by a judge and jury. Each type of trial has unique characteristics, and the choice depends on the nature of the case and sometimes the defendant’s preference. Here’s what to know about each setting:

• Judge Trials: In a judge-only trial, the judge serves as the sole decision-maker, evaluating evidence and delivering a verdict. Judge trials are generally quicker and may be appropriate for cases where legal technicalities or procedural matters are a primary focus.
• Jury Trials: In more serious criminal cases, defendants have the option to request a jury trial. A jury trial involves a group of jurors who listen to evidence, deliberate, and deliver a verdict based on their collective assessment. Jury trials are typically reserved for serious offenses and are often preferred when a defendant believes a group of peers may offer a fairer judgment.

FAQs about Calgary Criminal Courtrooms

How Long Does a Court Case Typically Take in Calgary?

The length of a court case in Calgary can vary widely depending on the complexity of the charges, the amount of evidence, and the court’s schedule. Here’s a general timeline:

• Minor Cases: Misdemeanour cases or minor offences may be resolved within a few weeks to a few months, especially if a plea deal is reached early on.
• Complex Cases: For more severe or complicated cases, including those requiring extensive evidence review or multiple witnesses, the process can extend to several months or even years.

Pre-trial motions, adjournments, and other procedural matters can also impact the timeline. Your criminal lawyer can give you a better estimate based on the specifics of your case.

What Happens if I Miss My Court Date?

Missing a court date is a serious matter in Calgary and can lead to severe consequences, including:

• Issuance of a Warrant: If you fail to appear in court as scheduled, the judge may issue a bench warrant for your arrest. This means that law enforcement will have the authority to take you into custody.
• Additional Charges: Failing to appear can result in additional charges, potentially complicating your case and increasing the penalties you face.

If you know you cannot attend a scheduled court date, it’s essential to inform your criminal lawyer as soon as possible. They may be able to request a new date on your behalf, provided there’s a valid reason for your absence.

What Should I Do if I Don’t Understand Something During the Hearing?

Court proceedings can involve complex legal language and procedures, which may be challenging to understand. Here’s what you can do:

• Ask Your Lawyer: Your criminal lawyer is there to guide you through the process and answer any questions you have. If you don’t understand something during the hearing, you can ask your lawyer to explain it afterward.
• Request a Clarification: If there’s something crucial you don’t understand in the moment, inform your lawyer quietly, and they may ask the court for a brief explanation or clarification on your behalf.

It’s vital to fully understand what’s happening in court, and your lawyer is there to ensure you’re informed at every step.

Can My Lawyer Speak on My Behalf?

Yes, your criminal lawyer can and often will speak on your behalf in a Calgary courtroom. They represent your interests and are responsible for:

• Presenting Your Case: Your lawyer will address the court, present evidence, cross-examine witnesses, and make arguments on your behalf.
• Responding to Questions: In most situations, your lawyer will handle responses to legal questions or objections, ensuring that your rights and interests are protected.
• Guiding Your Statements: If you need to address the court directly, your lawyer will guide you on what to say and ensure your statements support your defense.

Allowing your lawyer to speak on your behalf can help prevent misunderstandings and ensure that your case is presented professionally and strategically.

What is the Role of a Defence Lawyer After Sentencing?

Even after sentencing, your defense lawyer in Calgary can continue to play an important role in your case:

• Advising on Appeals: If you believe there was an error in your trial or sentencing, your lawyer can help you evaluate whether an appeal is warranted. They’ll guide you through the appeal process, which involves filing paperwork, preparing legal briefs, and arguing your case in a higher court.
• Post-Sentencing Guidance: Your lawyer can also provide information on fulfilling sentencing requirements, such as probation, community service, or fines. They ensure you understand the conditions and help you avoid further legal issues.
• Expungement or Record Suspension: In some cases, your lawyer may assist with seeking a record suspension (pardon) after a certain period, depending on eligibility. This can be beneficial for moving forward without a criminal record affecting your future.

Your defense lawyer’s role doesn’t end with sentencing; they remain a valuable resource for navigating post-trial requirements and exploring legal options.