Been Charged? Pre-Trials


Once you have been provided with disclosure, your lawyer will need to discuss the case with the Crown. If the case is more complex, a discussion with a judge will also be required. These are called "Crown Pre-trials" and "Judicial Pre-trials" respectively.

a) Crown Pretrial

A Crown pre-trial is a necessary step in the process where your lawyer will have an informal discussion with the Crown about your case. The defence lawyer will not only speak about your charges, but also about how long the trial is expected to take, whether there are constitutional issues, how many witnesses may be called, whether expert witness are going to be called, the sentence that the Crown is seeking, and other issues which are not confidential and help both the Crown and the defence determine how your matter will proceed. The accused is not present during these discussions. 

b) Judicial Pretrial

The Judicial Pre-trial is very similar to the Crown Pre-trial except that it is in the presence of a judge. The judge will often encourage parties to reach an agreement about non-contentious issues so that the length of trial can be shortened. The Judicial Pre-trial is often necessary for complex matters or trials expected to take a day or more. The accused is not present during these discussions.

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