First Court Appearance in Ontario After a Charge

If you've been charged with a crime, your release paperwork gives you a first court date. For many people it's the most frightening part: standing in a courtroom, hearing your name, and not knowing what will be said. In reality, a first appearance is usually short and mostly administrative. Here is what to expect.

What a first appearance is, and isn't

A first appearance is not a trial and nobody decides whether you're guilty. It's the first step in the process. The court wants to confirm who you are, make sure you know what you're charged with, make sure you've received or will receive the Crown's evidence, and set the next date. That's all.

Many first appearances are over in a few minutes. The case then moves on over several months, through disclosure, meetings between your lawyer and the Crown, and eventually a resolution or a trial.

Where it happens

Where you attend depends on the police service that charged you and where the offence happened. In the GTA, charges laid in Peel are generally heard at the Brampton courthouse, and charges in Halton and York are heard in the courthouses serving those regions, such as Milton and Newmarket. Many first appearances are now held by video, so you may not need to attend in person. Your release document tells you how and where to appear. If it isn't clear, call the court office or your lawyer before the day.

What happens on the day

• Check in. If you're attending in person, arrive early, go through security and tell the court staff or the Crown's office you're there. If you're appearing by video, log in on time.
• Disclosure. The Crown is expected to give you the evidence it plans to rely on, such as police notes, witness statements and any video. It often isn't all ready on the first date, and the Crown may ask for more time.
• Legal advice. If you don't have a lawyer, duty counsel, who are lawyers provided free through Legal Aid Ontario, can help you on the day, explain what's happening and speak to the judge or justice for you.
• The next date. The court sets another date, usually several weeks away, so you or your lawyer can review disclosure and speak to the Crown.

Why you shouldn't plead guilty at the first appearance

It's tempting to "get it over with." Please don't, unless a lawyer has reviewed the evidence with you and advised you to. At a first appearance you haven't seen the disclosure. A guilty plea usually means a conviction and a criminal record, which can affect your job, your travel and, for non-citizens, your immigration status. For many first-time charges there are better outcomes, such as a withdrawal, diversion, a peace bond or a discharge. You can read more in our guide to avoiding a criminal record.

Can a lawyer go for you?

Often, yes. A lawyer can appear in place of the accused for many court dates by filing a designation of counsel, a form signed by the accused. It has to be arranged in advance, so contact a lawyer well before the date. That means you may not have to attend in person, and you can avoid missing work. You will still need to attend for some steps, such as a trial or a guilty plea, or if the court orders it.

What to bring

• Your release document, summons or any other paperwork police gave you
• Photo ID
• The name and number of your lawyer, if you have one
• A pen and paper to write down the next date and anything the court says
• Your phone charged, if you're appearing by video, and a quiet place with a good connection

How a typical case moves after the first date

1. Disclosure. Your lawyer reviews the Crown's evidence and asks for anything that's missing.
2. Talking to the Crown. Your lawyer and the Crown discuss the case in a pre-trial meeting. For many first-time charges, this is where a withdrawal, diversion or a peace bond is negotiated.
3. Further court dates. There are usually several short appearances while the lawyers prepare. Many of these are handled by your lawyer.
4. Resolution or trial. The case ends with a withdrawal, a resolution agreed with the Crown, or a trial.

The Supreme Court's decision in R. v. Jordan sets time limits: cases in the Ontario Court of Justice generally have to be completed within 18 months of the charge, and cases in the Superior Court within 30 months, with some exceptions.

Questions to ask a lawyer before the first date

• Can you appear for me on the first date, and what do I need to sign?
• When can you get the disclosure, and when will we go through it together?
• What outcomes are realistic for a charge like mine?
• How could this affect my work, my travel or my immigration status?
• What will it cost, and do you take Legal Aid certificates?

Things that can make it worse

• Missing the date. The court can issue a warrant for your arrest, and you can be charged with failing to attend court, which makes your situation much harder.
• Breaking your release conditions. Contacting someone you were told not to contact, or breaking a curfew, is a new criminal offence.
• Talking about the facts. Don't discuss what happened with anyone except your lawyer, including on social media.
• Contacting the complainant. Even to apologize. Only the Crown can withdraw a charge, and contact can lead to new charges.

If you aren't a Canadian citizen

Tell your lawyer your immigration status before anything else happens. A conviction can affect a permanent resident, a student or a worker, and the decisions made early in the case matter. We practise both criminal and immigration law, so we look at both from the start. See our page for international students charged with a crime or for permanent residents facing charges.

Before the first date

The best time to speak to a lawyer is before your first appearance, so the lawyer can ask the Crown for disclosure early and tell you what to expect. We offer a free 15-minute phone consultation for criminal matters, we answer calls after hours, and we meet clients in English, Urdu, Hindi and Punjabi. Call (289) 652-0529, or see our criminal defence page.