What Happens at a First Appearance?

All charges begin in Provincial Court. If you are not in custody, your name will be called and you will go up to the front of the courtroom. If you have a lawyer, you can stand with your lawyer who will tell the judge that they are representing you. If you have a lawyer, they will do all of the talking for you and your will have discussed things with them before you go to court.

If you do not have a lawyer yet, the charge will be read to you (e.g. "You have been charged with committing theft under $5000 on January 15") or you can choose not to have the charge read if you are sure that you know what the charge is. The judge will ask if you understand the charge. If you do not know or understand the charge, tell the judge that and the judge will explain it to you. If you are charged with a hybrid offence, the judge will usually ask the Prosecutor if they are treating it as a summary conviction offence or as an indictable offence.

If you have not had a chance to speak with a lawyer or to see the disclosure yet, court will usually be adjourned to another date to let you do that.

Depending on the charge, the judge may also ask the Prosecutor or the police about the possibility of dealing with the charge through alternative measures. The Prosecutor or the police may say:

YES - Your case will be adjourned to continue outside the court process. If you complete the program, you will come back to court to have the charge withdrawn.

NO - You will continue to "Plea" (see below) or your case will be adjourned to give you time to decide about your plea or to speak with a lawyer.

MAYBE - Your case will be adjourned to give the Prosecutor or police time to consider whether alternative measures can be used.