Understanding the Criminal Court Process as a Victim

1. Understanding The
Criminal Court Process
as a Victim
April 2015

2. Disclaimer:
This slide deck contains general legal information for victims
of crime in Canada. It is not intended to be used as legal
advice for a specific legal problem. It is important to get
legal advice about your own situation. Please refer to this
material for educational and information purposes only.
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3. Introduction
The purpose of these slides is to go through the criminal
court process to give victims a better understanding of what
is happening and what to expect. It goes through the
various steps of the criminal court process. It briefly
explains the procedures of each step and what happens to
the perpetrator. For each step in the court process it also
briefly discusses what information is available to the victim,
what expectations are placed on the victim and where
victims can look for services available to them.
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4. About the Victim Justice Network
What is the Victim Justice Network?
The Victim Justice Network (VJN) is a national non-
profit organization that is establishing an online-
based network or “hub”, with links to existing
networks and information hubs in order to promote
awareness of services and supports for victims of
crime in Canada.
What is its Mission?
To promote awareness, understanding and support
for victims of crime in our society.
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5. About the Victim Justice Network
What are some of its Key Objectives?
Consistent with the objectives of the Federal Victims Strategy to give
victims a more effective voice in the criminal justice system, the Victim
Justice Network (VJN) will address the following three priority areas in
a national context:
1) To promote access to justice for victims of crime through
online victim-centred information, resources and referrals.
2) To build a professional support network for justice
professionals, victim service providers and others serving
victims of crime.
3) To develop and disseminate educational resources by
supporting multidisciplinary research and innovation on
emerging victims issues.
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6. Criminal Court Process
After a Crime But
Before a Charge is Laid
Charge is Laid
The “Intake” Phase
Provincial Court Trial
Superior Court Trial
Phase Two: Intake
Phase Three: The Trial
Sentencing
Phase One:
The Preliminary Inquiry
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7. After a Crime But Before a Charge is
Laid
Procedure:
Witnesses are interviewed
and the police conduct an
investigation.
What happens to the
perpetrator:
The perpetrator is still “at large.”
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8. After a Crime But Before a Charge is
Laid
What information is available to
the victim:
The victim is entitled to know
when an arrest has been made.
In order to protect the integrity of
the investigation, details may be
confidential. It is necessary to
prevent witnesses (including
victims) from knowing what other
witnesses have said. These
normal measures are not meant
to deprive the victim, but to
protect the case.
What victim services are
available:
The victim is entitled to have
the police address any ongoing
safety concerns while the
perpetrator is at large.
What expectations are placed on the
victim:
The police will want to interview the
victim, in some cases more than once.
This is normal.
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9. When a Charge is Laid
Procedure:
The police bring their file to the Crown and the Crown, if
necessary conducts a bail hearing. An “information” (the
name for the charging document) is filed with the court,
initiating the court process.
What happens to the perpetrator:
Depending on the seriousness of the
charge, the accused may be released from
the scene or from the station, or may be
held overnight for a bail hearing. At the
bail hearing he may be released with
conditions he must follow (non-
communication with the victim for
example) or the bail court may order that
he stay in jail until trial (or until he appeals
that detention order). 9

10. When a Charge is Laid
What information is available to the
victim:
The victim is entitled to know that a
charge has been laid and whether the
accused was granted bail, and if so,
what conditions were imposed. In
many cases, the victims input will be
sought before deciding what bail
conditions should be imposed on the
accused.
What expectations are placed
on the victim:
The victim is expected to report
any breach of the bail conditions
(for example if the accused tries
to contact the victim).
What victim services are available:
Refer to the services section on the
Victim Justice Network’s
homepage.
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11. The “Intake” Phase
Procedure:
Once a charge is laid, the “intake”
phase is the next step (unless he
immediately pleads guilty). This can
last several months and usually
involves a number of very brief
court appearances (5 minutes each).
During this period the Crown and
the accused’s lawyer are working
out disclosure, discussing possibility
pleas, and making procedural
decisions about the trial. The intake
phase ends with either a
withdrawal, a guilty plea, or a trial
date being set.
What happens to the perpetrator:
• Whether or not the accused is in
custody, he can choose not to
attend these short appearances
by sending a lawyer instead.
• In some cases an accused who is
detained will appeal that
detention order during this
period. 11

12. The “Intake” Phase
What information is available to the
victim:
Depending on the Crown’s office and
the type of case, a Crown may or
may not be assigned yet. The intake
work in many offices is handled by a
team of Crowns. Whether or not a
crown has been assigned, the victim
can request information from the
Crown about the progress of the
intake phase.
What expectations are placed on
the victim:
In most cases there are no
expectations on the victim at this
stage other than to report any
breaches of the accused’s bail
conditions (for example if he tries
to contact the victim).
What victim services are available:
Refer to the services section on the
Victim Justice Network’s homepage.
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13. Note on Types of Trials
• Depending on the type of offence and certain
decisions by the accused and the Crown, the trial
will be either in the Provincial Court or the Superior
Court. If it is Provincial Court, the trial will
normally take place within a period of months,
usually no more than 12.
• If the trial is in the Superior Court, the process is
longer. There will usually be a preliminary inquiry
months before a Superior Court trial.
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14. OPTION A: Provincial Court Trial
Procedure:
Provincial Court trials are decided by judges alone (no
juries). The length of the trial depends on the case. Some
are started and finished on the same day. Others can go on
much longer with breaks in between appearances.
What happens to the perpetrator:
The accused must be present for his trial. If he
was denied bail initially, he will remain in
custody unless he appeals the bail decision. If
he was released, he will remain on bail with
whatever conditions that were imposed on him.
If he is acquitted he is released. If he is found
guilty, he will be sentenced. Not all sentences
include jail.
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15. OPTION A: Provincial Court Trial
What information is available to the
victim:
In most cases victims will testify.
They only need attend for their
testimony and are entitled to review
their police statements first. They
may only watch the trial after they
testify so that their evidence is not
influenced by other evidence.
What expectations are placed on
the victim:
If the victim is a witness, they will
be asked to meet with the Crown
to prepare for trial. They are given
their previous statements to
review and the Crown will tell
them about the trial process and
what to expect. Victims must
attend court and tell the truth like
any witness. Victim impact
statements may be requested if
the accused is found guilty.
What victim services are available:
Refer to the services section on the
Victim Justice Network’s
homepage. 15

16. OPTION B: Superior Court Trial Phase
One: The Preliminary Inquiry
Procedure:
The preliminary inquiry is just like a trial.
Witnesses are called and cross-examined in
court, however, at the end the judge does not
find the accused guilty or not guilty. The judge
only decides whether there is enough evidence
to send the case to trial.
What happens to the perpetrator:
The accused will normally be present at the
preliminary inquiry. Typically, they will
remain in custody if they were originally
denied bail and they will remain out of
custody if they initially obtained bail.
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17. OPTION B: Superior Court Trial Phase
One: The Preliminary Inquiry
What information is available to the victim:
If the victim is a witness, it is important that
they not be told about other evidence in the
case at this stage so that their evidence is not
affected for the trial.
What expectations are placed on the
victim:
If the victim is a witness, they must
attend court and tell the truth like any
witness.
What victim services are available:
Refer to the services section on the Victim Justice Network’s homepage.
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18. Superior Court Trial Phase Two: Intake
Procedure:
Just like the intake period after the charge was initially laid, this
period is designed for the crown and defence to take care of
outstanding disclosure, discuss possible pleas, and continue
preparing for trial. Like the first intake period, this one ends
with either a withdrawal, a guilty plea, or the setting of a trial
date.
What happens to the perpetrator:
The accused remains under the same
conditions (detention or bail) unless the
original bail or detention order has been
appealed.
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19. Superior Court Trial Phase Two: Intake
What information is available to
the victim:
• If the victim is a witness, it is
important that they not be told
about other evidence in the
case at this stage so that their
evidence is not affected for the
trial.
• If the case is to be dealt with by
withdrawal or guilty plea, the
reasons for this, and the terms,
will be discussed with the
victim.
What expectations are placed on
the victim:
Nothing is expected of the victim
during this period unless a guilty
plea is arranged. In that case, the
victim will be asked if they wish
to submit a victim impact
statement to assist with the
sentencing.
What victim services are available:
Refer to the services section on the Victim
Justice Network’s homepage.
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20. Superior Court Trial Phase Three:
The Trial
Procedure:
Superior Court trials can be decided by a judge
alone or by a jury. Except for murder trials,
which must almost always be jury trials, the
choice between a jury or “judge alone” will be
the accused’s.
What happens to the perpetrator:
The accused will usually continue in
custody or out of custody.
They will attend every day of the trial
and be in court for all the evidence,
including the victim’s. In some cases
vulnerable witnesses like children can
testify behind a screen to avoid
seeing the accused. 20

21. Superior Court Trial Phase Three:
The Trial
What information is available to
the victim:
If the victim is a witness, they
cannot be told about other
evidence in the case until after
they testify. They are not
required to attend the trial after
that, though they are entitled to
stay and watch if they choose.
What expectations are placed on
the victim:
If the victim is a witness, they will
be asked to meet with the Crown
to prepare for trial. They are given
their previous statements to
review and the Crown will tell
them about the trial process and
what to expect. Victims must
attend court and tell the truth like
any witness.
What victim services are available:
Refer to the services section on the Victim
Justice Network’s homepage.
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22. Sentencing
Procedure:
If the accused is found guilty, the case must have a
sentencing hearing. This can occur immediately after a
finding of guilt, but is often adjourned to another day.
What happens to the perpetrator:
Usually the accused will remain on bail if bail
was originally granted, or in jail if it was
denied. In some rare cases, the accused will
lose his bail upon conviction.
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23. Sentencing
What information is available
to the victim:
The victim is entitled to know
what restitution is available,
what opportunities they have
for a victim impact statement,
and what the accused’s
sentence will be.
What expectations are placed
on the victim:
The victim will often be asked
to draft a victim impact
statement.What victim services are available:
Refer to the services section on the Victim
Justice Network’s homepage.
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24. Attribution
The author “Understanding The Criminal Court Process as a Victim” is Robin
Flumerfelt. He provided the Victim Justice Network with the content for
these slides.
Robin Flumerfelt is a Crown Attorney at the Crown Law Office – Criminal. He
argues cases before the Ontario Court of Appeal and conducts justice
prosecutions.
He is also the Director of the Ontario Crown Homicide Course and Director of
Joint Programming for the Ontario Crown Attorney’s Association.
He received his BA in 1987, His MA in 1988, and his LLB in 1995.
(From Osgoode Hall Law School http://www.osgoode.yorku.ca/faculty-and-
staff/flumerfelt-robin/ )
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25. Contact
Victim Justice Network
Website:
http://victimjusticenetwork.ca/
Email:
victimjusticenetwork@gmail.com
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