Your first criminal court appearance in Ontario is not your trial. It is a short, administrative step in case management court, where you get the Crown’s evidence and the court sets your next date. Nobody pleads guilty or goes to trial that day, but you do have to show up or arrange for a lawyer to appear for you.
The short version
- Your first appearance, outside of bail court, happens in case management court.
- No guilty pleas, preliminary inquiries or trials take place there.
- You are entitled to disclosure, which is a copy of the evidence the Crown has about your case.
- If you miss the date, the justice may issue a warrant for your arrest.
- Duty counsel at the courthouse can help on the day, and you can apply for Legal Aid.
Before your court date
Your court date and courthouse are listed in the papers the police gave you. Read them carefully and keep them together in one folder.
The Ontario Court of Justice suggests two things to do before your first appearance. Find a lawyer or contact Legal Aid Ontario, and contact the Crown’s office to get your initial disclosure.
If you plan to apply for Legal Aid, a lawyer can start the application for you, but you still finish it with Legal Aid Ontario by phone at 416-979-1446, or toll free at 1-800-668-8258. Have your income details ready, along with your family size and information on what you own and owe.
What to bring with you
Legal Aid Ontario recommends bringing:
- Any papers the police or anyone else gave you about the charge.
- Any papers you think matter to your case.
- Proof of income, if you will be applying for Legal Aid.
Plan to arrive at the courthouse 30 minutes before your scheduled time.
Court is held in English or French. If you do not understand the language being used, you can get a free interpreter. Call the courthouse ahead of time to ask for one.
What happens in the courtroom
Case management court deals with the practical side of your case. The judge or justice of the peace asks the Crown and you, or your lawyer, for an update. This covers your disclosure and whether you have applied for Legal Aid.
At the end, the justice gives you a date to come back and tells you what you and the Crown need to do before then. Write that date down before you leave the room.
Your disclosure
Disclosure is the information the Crown and police have collected. The Crown must give you everything it has about your case unless it is clearly irrelevant or privileged.
It often includes the Information (the formal charge document), police notes, photos or video, witness statements and a short summary of the case. You will usually get it through the Crown’s digital disclosure hub, or on paper if you ask.
Your package may also include a Charge Screening Form. It lists your charges and may set out what the Crown is proposing to resolve the case. You may need this form for a Legal Aid application.
A lawyer can review your disclosure and appear on your behalf, and we accept Legal Aid certificates for criminal matters. See how Amandi Law handles criminal cases.
Do you have to go in person?
That depends on your situation and your courthouse. If you are in custody, a judicial officer decides whether you appear by video or in person. If you are not in custody, you can choose Zoom or in person, unless a judicial officer tells you to come to court. If you cannot use video, you can join by phone.
A lawyer can attend court for you, attend with you, or send you on your own. If you join online, you must follow the court’s Remote Appearance Code of Conduct.
Missing your date is serious. If you fail to appear, the presiding justice may issue a warrant for your arrest. You can also be charged with the offence of failing to appear in court.
What comes after the first appearance
Depending on your case, the next steps may include:
- Crown pre-trial. A discussion with the Crown about the case, a possible resolution and sentence. It can happen in person, by phone or by email.
- Judicial pre-trial. A meeting between you or your lawyer, the Crown and a judge to try to resolve the case or narrow the issues. One may be required before a trial date is set.
- Resolution. A case can end with the charges withdrawn, through diversion, or with a guilty plea. Diversion usually means meeting conditions such as community service or counselling, after which the charges are withdrawn or stayed.
- Trial. The Crown must prove the charges beyond a reasonable doubt. You can testify or call witnesses, but you do not have to.
Pleading guilty means giving up your right to a trial. A judge will only accept the plea if it is voluntary and you understand what follows from it, and the judge is not bound by any deal you made with the Crown. Get legal advice before you make that choice.
Questions people ask
Will I get help if I show up without a lawyer?
Yes. Duty counsel are Legal Aid lawyers at the courthouse, and you can speak to one during your first appearance. Legal Aid Ontario notes it is most useful to see duty counsel after you have your disclosure.
Can I explain my side of the story to the judge at the first appearance?
The first appearance is mainly about disclosure, legal representation and scheduling. No trials are held in case management court. Judges and court staff also cannot give you legal advice, so speak to a lawyer about your options first.
How do I find a criminal lawyer quickly?
You can contact a lawyer directly, apply to Legal Aid Ontario, or use the Law Society Referral Service. The referral service can connect you with a lawyer or paralegal for a free first consultation of up to 30 minutes.
