Criminal Trial Process

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.