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Court Procedure Applicable to Persons Charged Under the Criminal Code of Canada
Last Updated: July 06 2026
Question: What are the main steps in the Ontario criminal court process for someone charged under the Criminal Code of Canada, from first court date through sentencing?
Answer: If you’re facing a charge under the Criminal Code of Canada, DefendCharges.Lawyer can help you understand what happens from your first notice to appear, to plea and pre-trial steps, then trial, and finally sentencing if there’s a conviction. The process is meant to protect your rights and ensure the Crown proves guilt beyond a reasonable doubt, while you can respond through your lawyer, evidence, and witnesses where appropriate. Sentencing will consider the offence, your circumstances, any prior record, and mitigating factors, so having experienced guidance early can help you make informed decisions and avoid preventable missteps. For a practical case review in Ontario, call (647) 977-5997 to book a free 30 minute consultation.
Introduction
The criminal court procedure applicable to persons charged under the Criminal Code of Canada is a complex and multi-faceted process. It is designed to ensure that all accused persons are treated fairly and that their rights are respected throughout the process.
Initial Charge
When a person is charged with a criminal offence under the Criminal Code of Canada, they will be given a notice to appear in court. This notice will provide the accused with the date, time, and location of the court appearance. The accused must attend the court appearance, or they may face additional charges for failing to appear.
Pre-Trial Procedures
Once the accused appears in court, the pre-trial procedures will begin. During this stage, the accused will enter a plea of either guilty or not guilty. If the accused pleads guilty, the court will proceed to sentencing. If the accused pleads not guilty, the court will move on to the trial phase.
Trial Phase
During the trial phase, the Crown will present evidence to prove the accused’s guilt beyond a reasonable doubt. The accused is allowed to present evidence and call witnesses in their defence. The jury or judge will then decide if the accused is guilty or not guilty.
Sentencing
If the accused is found guilty, the court will proceed to the sentencing phase. During this phase, the court will consider the circumstances of the offence, the accused’s criminal record, and any mitigating factors. The court will then determine the appropriate sentence, which could include fines, jail time, or a combination of both.
Summary Comment
The criminal court procedure applicable to persons charged under the Criminal Code of Canada is a complex and multi-faceted process. It is designed to ensure that all accused persons are treated fairly and that their rights are respected throughout the process. This article has outlined the general steps of the criminal court procedure, from the initial charge to the sentencing phase.
