Criminal Law

• Crown Attorney - A lawyer who prosecutes criminal matters on behalf of the Crown.
• Defence counsel - A lawyer who represents a defendant or accused person in a criminal case.
• Duty counsel – Legal Aid lawyers at the court who can help people who have not hired a lawyer on their first appearance date. Duty Counsel may help with guilty pleas for people who qualify. Duty Counsel may also represent accused persons at bail hearings in some circumstances.
• Defendant (accused) - A person sued in a civil proceeding or accused in a criminal proceeding.
• Judge - The person authorized to determine legal matters in court.
• Jury - A group of 12 people sworn to deliver a verdict after considering the evidence presented to them during the trial.
• Justice of the Peace - A judicial officer who has authority to do a variety of things in criminal matters, including, issuing warrants and hearing bail applications and provincial offence trials.
• Witness - Someone who provides evidence in a trial.
• Police - The men and women whose job is to prevent crime, keep order and see that laws are obeyed.
• Victim Witness Assistance Worker - People who ensure that victims of crime are supported throughout the criminal justice process. They provide information about the court process and referrals to community supports and services.

• Eating, drinking, and gum chewing are not allowed in the courtroom. The court will provide a glass of water to people who are taking part in the proceedings, including witnesses.
• Leaning forward and resting on the seat in front of you is not allowed.
• If you bring a coat to court, do not drape it over the benches.
• Reading newspapers or magazines is not allowed.
• When the judge enters or leaves the courtroom you should stand, if you are able.

Both the Superior Court of Justice and the Ontario Court of Justice have protocols regulating the use of electronic devices in the courtroom. You should consult the protocol of the court you will be attending regarding the appropriate use of electronic devices.

Generally, members of the public are not permitted to use electronic devices in the courtroom unless the presiding judge orders otherwise. There are some exceptions for counsel, paralegals, court staff, members of the media and parties to the proceeding.

The protocol for the Superior Court of Justice is available at http://www.ontariocourts.ca/scj/practice/practice-directions/provincial/#D_Electronic_Devices_in_the_Courtroom

The protocol for the Ontario Court of Justice is available at http://www.ontariocourts.ca/ocj/legal-professionals/practice-directions/electronic-devices/

• People going to court should be properly dressed to show respect for the Court.
• Hats and sunglasses are not allowed in the courtroom, unless needed for medical or religious reasons.

You can ask that your trial be conducted in French. Tell your lawyer or Duty Counsel if you will be asking for a French trial.

Whether you are an accused person, a surety, or witness you have the right to request interpretation services in Ontario courts if you do not fully understand or speak English or French.

To make sure that interpretation services are available when you need them, you should ask for an interpreter as soon as you know you will need one. Requesting an interpreter ahead of time allows court staff time to make arrangements for the date and time required.

Your lawyer or Duty Counsel can help you request an interpreter.

• • Language and/or dialect of interpretation
  • Who is requesting interpretation services? An accused? A surety? A witness?
  • Type of appearance [e.g. bail, trial]
  • Date and time interpretation is needed
  • Court location
  • Any other relevant information.
• If you are an accused in a criminal matter:
  • Often, Duty counsel or your lawyer will ask for an interpreter during a first appearance when it is clear that interpretation services will be needed. This will be done on the court record and the court clerk will file the request and forward it to the court office.
  • If Duty counsel or your lawyer does not ask for an interpreter and you know you will need one, alert the Judge or Justice of the Peace, Duty counsel or your lawyer. This should be done on the record.
• If you are a surety in a criminal matter who:
  • Requires an interpreter when appearing in court, you should ask the lawyer for the accused person or Duty Counsel to request interpretation services from the court.
  • If going to the courthouse to end your obligation, you should call the court office to ensure that an interpreter will be available for you.
• If you are counsel in a criminal matter:
  • Give court staff as much notice as possible for interpreter requests.
  • Ensure the court clerk has recorded the request to forward to the court office, if you are requesting interpretation services in court.
  • Phone the court office and speak to the Interpreter Coordinator or designated staff to file a request, if you are requesting services prior to a court appearance. Be prepared to give all relevant information to the assignment. You may also be required to fill out a written request.
• If you are a witness:
  • Tell the lawyer who contacted you or the police officer who you spoke to that you will require an interpreter and for what language.

Contact the Law Society of Ontario at: www.lso.ca/public-resources/finding-a-lawyer-or-paralegal or call 1-800-268-8326 or 416-947-3330 (within the GTA)

Check the yellow pages for listings of criminal lawyers.

Call the Client Service Centre at 1-800-668-8258 or speak to a Legal Aid lawyer (Duty Counsel) at the courthouse on the day of your first appearance.

You can find information about criminal courts at Legal Aid Ontario's LawFacts website and the Ontario Court of Justice website.

This Guide provides accused persons with general information about criminal trials. This is not a full or complete review of the criminal process. It does not cover every circumstance that might arise in your case.

This Guide does not provide legal advice. It also does not replace the advice or assistance you would get if you have a lawyer or paralegal representing you in court. You are strongly urged to get advice from a lawyer or paralegal about your legal options and the possible penalties you could face.

The Ontario Victim Services Secretariat works to ensure that victims of crime are treated with respect and receive the information and services they need throughout the various stages of the criminal justice process. More

• If you have an immediate need for services that you cannot afford, the Victim Quick Response Program can help you with emergency expenses.
• More

The Criminal Injuries Compensation Board awards compensation to victims of crimes of violence that occurred in Ontario. More

• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More
• What Happens in Criminal Court

The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More

You can call the local courthouse for the local Crown attorney.

e-Laws is a database of Ontario's statutes and regulations, both consolidated and source law. More

The Justice Laws Web Site is the online source of consolidated Acts and regulations of Canada. More...

The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More

The National Parole Board, as part of the criminal justice system, makes independent, quality conditional release and pardon decisions and clemency recommendations. More

If you have an immediate need for services that you cannot afford, the Victim Quick Response Program can help you with emergency expenses.

Call the Kids Help Phone at 1-800-668-6868. It is Canada's only toll-free, 24-hour, bilingual and anonymous phone counselling, referral and Internet service for children and youth. More

• Bullying is a tough issue that does not have easy answers. Whether you are someone who bullies, someone who is being picked on, or if you have witnessed bullying, this site should help you get informed to make the right choices. More for kids More for teens
• Call the Kids Help Phone at 1-800-668-6868. It is Canada's only toll-free, 24-hour, bilingual and anonymous phone counselling, referral and Internet service for children and youth. More
• Ontario Provincial Police fact sheets:
  • Bullying
  • Cyber-bullying

• If you are a victim of assault, the first thing you should do is tell an adult you trust and/or call 911 for immediate police assistance.
• Call the Kids Help Phone at 1-800-668-6868. It is Canada's only toll-free, 24-hour, bilingual and anonymous phone counselling, referral and Internet service for children and youth. More

• If you are a victim of assault, the first thing you should do is tell your parents or an adult you trust and/or call 911 for immediate police assistance.
• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More
• Ontario Provincial Police tip sheet on internet safety.
• Internet 101 is committed to providing a safe and positive experience for families who use the internet by promoting youth internet safety in partnership with local law enforcement and community groups. More

• The first thing you should do is call 911 for immediate police assistance and tell your parents or an adult you can trust.
• Ontario Provincial Police tip sheet on internet safety.
• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More
• Internet 101 is committed to providing a safe and positive experience for families who use the internet by promoting youth internet safety in partnership with local law enforcement and community groups. More

If you have concerns about a child, please call your local Children's Aid Society or the police immediately. More

Cybertip.ca is Canada's national tipline for reporting the online sexual exploitation of children. More

• The first thing you should do is call 911.
• Cybertip.ca is Canada's national tipline for reporting the online sexual exploitation of children. More

Cybertip.ca is Canada's national tipline for reporting the online sexual exploitation of children. More

• If you fear for your safety, you can call the police. If the police are contacted, certain processes and procedures will follow. More
• You can also go to your family court and bring an urgent motion for an order for exclusive possession of your home (if you are married) and/or an order restraining your spouse from contacting you.
• If you are feeling threatened by an abusive partner, ex-partner, co-worker and/or are being stalked, consider creating a safety plan. More
• Leaving the abuse behind is not a decision to be taken lightly. There are, of course, many factors to be considered. More
• The Assaulted Women's Helpline is a 24-hour telephone and TTY crisis line for women in the province of Ontario. More
• FEMAIDE is a 24-hour telephone and TTY crisis line for Francophone women in Ontario. More

• If police are contacted, they will investigate and determine if there is reason to believe that a criminal offence has occurred.
• In cases of domestic violence, it is up to police, not the victim, to decide whether or not charges will be laid. More

• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More
• The Assaulted Women's Helpline is a 24-hour telephone and TTY crisis line for women in the province of Ontario. More
• Violence Against Women Shelters - Find a women's shelter for emergency housing and food. Shelters also provide counselling, support and referrals. Ontario 211 has a list of domestic violence women’s shelters.

• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More
• The Assaulted Women's Helpline is a 24-hour telephone and TTY crisis line for women in the province of Ontario. More
• Violence Against Women Shelters - Find a women's shelter for emergency housing and food. Shelters also provide counselling, support and referrals. Ontario 211 has a list of domestic violence women’s shelters.

• If you have an immediate need for services that you cannot afford, the Victim Quick Response Program can help you with emergency expenses. More
• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More

• If charges are laid, your case will be handled by a Domestic Violence Court.
• These courts have teams of specialists who work to help you and your family get the support you need. They also help to make sure offenders are held responsible for their actions.
• There is a Domestic Violence Court program in each of the province's 54 court jurisdictions. More

• In Canada, police lay charges and Crown attorneys prosecute them.
• Crown attorneys will proceed with a case if they believe the charges can be proven. They also consider whether it is in the public interest to do so.
• While domestic violence is a common charge, it has dangerous consequences. Because of this, Crown attorneys will usually decide that is in the public interest to proceed with the case even if you want the charges dropped.

• With your permission, the police may call on the Victim Crisis Assistance and Referral Services Program to provide immediate assistance and support to help you deal with the impact of a crime.
• The Victim/Witness Assistance Program offers support and responds quickly to any safety concerns you may have in the aftermath of violent crime. Services begin once police have laid charges and continue until the court case is over.
• If you are a victim of violent crime and the police have laid criminal charges, you can be referred to the program by police or Crown attorneys. More

• Yes. Child Victim/Witness programs currently operate in London, Toronto, Waterloo Region, Peel and Ottawa. These programs are being expanded to every region of the province.
• After charges are laid, they provide free services that support and help children through each stage of the court process. This includes accompanying children into the courtroom.
• They work closely with the Victim/Witness Assistance Program staff to provide the best possible assistance to children in the court process.

• Domestic Violence Courts have teams of specialists who work to help you and your family get the support you need. They also help to make sure offenders are held responsible for their actions.
• There is a Domestic Violence Court program in each of the province's 54 court jurisdictions. More

Partner Assault Response (PAR) programs specialize in counselling and educational services, and are offered by community-based agencies to people who have assaulted their partners. They are a component of Ontario's Domestic Violence Court program. More

While an offender is in the PAR program, staff offer their partner help with safety planning, referrals to community resources, and information about the offender's progress. More

Hide your internet activities

• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More
• More information about going to court
• The Victim/Witness Assistance Program will assist all domestic violence victims through the court process.

Spousal abuse is a tragedy that affects everyone in our society. More

• Call 911 for police assistance.
• Communities across Ontario offer services to women of all ages who have experienced, live with, or are in fear of violence. All of these services offer free, confidential support. More
• For help finding a sexual assault centre nearest to you, contact the Victim Support Line toll-free at 1-888-579-2888 or 416-314-2447 in the Toronto area. The service is available from 8 a.m. to 10 p.m., seven days a week.

• Call 911 for police assistance.
• Male survivors of sexual abuse can get help from a number of government services. More

• If you have an immediate need for services that you cannot afford, the Victim Quick Response Program can help you with funding for counseling services. More
• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More

The Criminal Injuries Compensation Board awards compensation to victims of crimes of violence that occurred in Ontario. More

The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More

Telehealth Ontario offers free access to a registered nurse, 24 hours a day, 7 days a week. More

Communities across Ontario offer services to women of all ages who have experienced, live with, or are in fear of violence. All of these services offer free, confidential support. More

Whether you are an accused, a surety or counsel, there are many ways to request interpretation services in Ontario's courts.

Section 14 of the Charter of Rights and Freedoms guarantees the right to the assistance of an interpreter for people who don't understand or speak English or French. The Ministry of the Attorney General's Court Services Division provides court interpretation services in:

• Any language required in criminal and child protection matters
• Any language in civil, family and Small Claims Court matters, if the litigant has been given a fee waiver certificate
• French in all civil, family and Small Claims Court matters
• Sign language in all Small Claims Court matters, and
• Any language when it is ordered by the court.

To make sure that interpretation services are available when you need them, you should ask for an interpreter as soon as you know you will need one. Requesting an interpreter ahead of time allows court staff time to make arrangements for the date and time required.

• • Language of interpretation
  • Who is requesting interpretation services? An accused? A surety? Counsel? (full name needed, ICON number if relevant)
  • Type of appearance [e.g. bail, trial]
  • Date and time interpretation is needed
  • Court location
  • Any other relevant information.
• If you are an accused in a criminal matter:
  • Often, Duty counsel or your lawyer will ask for an interpreter during a first appearance when it is clear that interpretation services will be needed. This will be done on the court record and the court clerk will file the request and forward it to the court office.
  • If Duty counsel or your lawyer does not ask for an interpreter and you know you will need one, alert the judge or justice of the peace, Duty counsel or your lawyer. This should be done on the record.
• If you are a surety in a criminal matter who:
  • Requires an interpreter when appearing in court, you should ask your lawyer to request interpretation services from the court.
  • If going to the courthouse to end your obligation, you should call the court office to ensure that an interpreter will be available for you.
• If you are counsel in a criminal matter:
  • When possible, give court staff as much notice as possible for interpreter requests.
  • Ensure the court clerk has recorded the request to forward to the court office, if you are requesting interpretation services in court.
  • Phone the court office and speak to the Interpreter Coordinator or designated staff to file a request, if you are requesting services prior to a court appearance. Be prepared to give all relevant information to the assignment. You may also be required to fill out a written request.
• If you are a witness:
  • Tell the lawyer who contacted you or the police officer who you spoke to that you will require an interpreter and for what language.

• If your child was assaulted you should call 911 for immediate police assistance..
• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More

• Cybertip.ca is Canada's national tipline for reporting the online sexual exploitation of children. More
• Ontario Provincial Police Internet Safety Tips for Parents.
• Internet 101 is committed to providing a safe and positive experience for families who use the internet by promoting youth internet safety in partnership with local law enforcement and community groups. More

The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More

• If you have an immediate need for services that you cannot afford, the Victim Quick Response Program can help you with emergency expenses. More
• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More

• Child Victim/Witness programs currently operate in London, Toronto, Waterloo Region, Peel and Ottawa. These programs are currently being expanded to every region of the province.
• The Victim/Witness Assistance Program provides information, help and support to victims and witnesses of crime. More

Elder abuse takes many different forms; it's as varied and unique as its victims. More

• The Victim Support Line is a province-wide, multilingual, toll-free information line providing a range of services to victims of crime. More
• The Ontario Provincial Police has information for identifying and reporting elder abuse. More

All criminal cases start out in the Ontario Court of Justice. More serious cases may eventually have the trial heard in the Superior Court of Justice.

The court address for your case will be on the papers given to you regarding the case.

• Search the Ministry of the Attorney General's database of court addresses.

More information for witnesses in domestic violence cases

A subpoena is a document that requires a person to go to court as a witness in order to give testimony. If you have been given a subpoena, it will tell you when and where you must be in court. The subpoena will also tell you if you are being called as a witness for the Crown (the prosecution) or the Defence/Accused person.

A summons is a document issued by a court, agency, board or commission, or another person, requiring a person to attend and to produce documents or other things.

• An appeal is a request made to a higher court, tribunal or authority for the review of a decision.
• Where can I find more information about the criminal appeal process?

• A surety is a person who gives or promises security for another person.
• A surety is responsible for monitoring the accused person after his/her release on bail to ensure that s/he attends court as required, complies with the conditions of release and does not commit any further criminal offences. A surety is often required to give or promise security to the court at the bail hearing.

Being a surety is a serious commitment. Before you accept this responsibility, there are a few things you should think about. More…

The YCJA is federal legislation that deals with young people (under 18) who break the law. More…

• When a young person breaks the law, police use the Youth Criminal Justice Act to decide what action they will take.
• A young person may be dealt with outside of the formal court process, or may be sent to court. More…

Justice for Children and Youth provides select legal representation to low-income children and youth in Toronto and the vicinity. More…

• If your child has been arrested, the first thing you should do is call a lawyer.
• In Ontario, the Ministry of Children and Youth Services provides programs and services for young people who have been dealt with under the Youth Criminal Justice Act, or are at risk of breaking the law. More…

Many people have questions about jury duty. Answers to some of the most frequently asked questions can be found here.

e-Laws is a database of Ontario's statutes and regulations, both consolidated and source law. More…

The Government of Canada's Justice Laws website is your online source for consolidated Acts and regulations of Canada. More…

The Criminal Code is federal legislation that is the source of criminal law and procedure in Canada. More…

CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. CanLII's goal is to make Canadian law accessible for free on the Internet. More…

OJEN is dedicated to promoting understanding, education and openness in the justice system.

Links are provided as a service and are not legal advice. For legal advice, please read more about finding a lawyer. Links marked with a globe point to external Web sites that are not maintained by the Government of Ontario. Related comments or inquiries regarding those sites should be directed to the individual organization. If you discover a broken link, please let us know.