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Criminal Procedure in Canada: From Investigation to Trial

Khalid Akram · February 8, 2024 ·

When it comes to dealing with criminal matters in Canada, the journey from suspicion to trial is quite a process. Let’s break it down into simpler terms:

1. The Investigation

This is where it all begins. The police collect clues and information to figure out what happened. They have to follow strict rules to ensure fairness to everyone involved and that the evidence they gather is solid.

2. Arrest and Charge

If the evidence points to someone, the police might arrest them. It’s a serious moment that comes with certain rights. For example, the Police  have to tell you why you’re being arrested. They also have to tell you that you have the right to stay silent and to talk to a lawyer. These are rights guaranteed by the Charter.

Here’s a piece of free legal advice: never waive these rights without speaking to a lawyer. Depending on the situation, you might go home or stay in custody until your trial . 

Contact us immediately if you’ve been arrested or charged. We can help arrange your release. 

3. Resolution:

After you are charged, the prosecutor screens the charges to determine whether to prosecute. Depending on many factors, charges may resolve without the need for a trial. 

You will need an experienced criminal lawyer by your side to negotiate a favourable resolution with the prosecutor. Our team has a proven track record of getting favourable resolutions for clients. Contact us to speak to an experienced criminal lawyer.

4. The Trial

If there is no resolution, the matter goes to trial. The prosecution presents their evidence to prove you did the crime “beyond a reasonable doubt”. Your defense team fights to cast doubt on the prosecution’s evidence. The judge acts as a referee to ensure a fair trial. The trial is a battle of wits and evidence, with the judge or jury ultimately deciding. 

You don’t want to go at this alone. You will need an experienced criminal defence lawyer by your side. 

4. Verdict and Sentencing

After all is said and done, the judge or jury makes their decision: guilty or not guilty. There are also If they find you guilty, it’s time for the sentencing phase. This is when they decide what punishment fits the crime, whether it’s a fine, community service, or even jail time.

5. Appeal Process

If you think something went wrong during the trial, you have the right to appeal. That means you can ask a higher court to review the case and see if there were any mistakes made. It’s like a second chance to set things right. However, there are timelines to file an appeal so you will need to act fast. 

In the end, the criminal procedure in Canada is all about fairness and making sure everyone involved gets a fair shake. From the first suspicion to the final judgment, each step is crucial in keeping the justice system on track and ensuring that justice is served. You will need an experienced criminal lawyer to ensure a fair process.

If you’ve been arrested or charged with a crime, contact our experienced team today to discuss your case and work on your best defence. No matter which stage of the criminal process you are in, we can help.

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Khalid Akram, a criminal defence lawyer in Calgary, offers expert representation for a range of legal issues.

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Email: info@akramlaw.com
Phone: 403-774–9529

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