For victims of crime, their families, and the community, the complexity & length of the Canadian criminal justice system can be difficult and frustrating.
So what does the criminal process generally look like? We've created a simplified infographic to help you understand how a Canadian criminal case typically works:
INVESTIGATION:
Police gather evidence & interview witnesses or suspects - this can take weeks, months, or years
CHARGES:
Police consider all evidence & case law when deciding on charges, and after they arrest the accused and lay charges, they will send the case to the Crown's office for proceeding to trial
PROSECUTE:
The Crown attorneys will look at the whole case & decide on the odds of getting a conviction; they will either drop the charges or if conviction is likely, then they will proceed to a trial
PRE-TRIAL:
A judge hears all evidence, witnesses, & arguments from both Crown & defence, and decides whether to go through with a trial or dismiss charges
PLEA NEGOTIATIONS:
Crown & defence may agree to certain charges or sentences in exchange for a guilty plea - this can happen at any point before or during a trial
TRIAL:
Crown presents evidence & witnesses first, followed by the defence. This can take a few days to a few weeks or even months depending how complex the case is
DECISION ("VERDICT"):
A judge or jury will decide whether the accused is guilty or not guilty - judges may take weeks or months to decide & will set a separate date to give their decision
SENTENCING ARGUMENTS:
If the accused is found guilty, the judge decides on the sentence. A Pre-Sentence Report (PSR) may be done to learn about the offender's background. Crown and defence may make recommendations to the judge for the sentence. This happens a few weeks or months after a decision is given
SENTENCING DECISION:
The judge makes the final decision on a sentence, and may take days or weeks after sentencing arguments to give their decision on a separate date
APPEALS:
A decision can only be changed by an appeal to a higher court and must be based on an error in law by the judge, not because Crown or defence does not agree with the decision
PAROLE BOARD HEARINGS:
Years after an offender is sentenced, they have the option to apply for conditional release or parole. A hearing will be scheduled to assess their risk to the community. Victims & their families have the right to attend in person or virtually.
Note: this is a general overview - however, there can be things that come up & change how the case proceeds, such as a "hung jury" (where the jury cannot get to a unanimous agreement), requests to change it to jury or judge-alone verdicts, changes in lawyers, or scheduling concerns.
SOURCES:
Government of Manitoba, The Criminal Case: Step by Step
Government of Canada, Observing Parole Board of Canada Hearings
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