What Happens at a Trial?

At a trial, the Prosecutor tries to prove that you committed the offence that you are charged with. They do this by calling evidence. Evidence may come in the form of documents or witnesses. The Defence (you and your lawyer) try to show that the Prosecutor has not done this and that there is at least a reasonable doubt that you committed the offence. You can do this by cross-examining the Prosecutor’s witnesses or by calling your own witnesses and raising a defence. You do not have to do this and you will discuss with your lawyer whether it is a good idea or not.

There are rules about the types of questions you can ask your own witness. The rules are not as strict when the other side gets to ask your witness questions. This is called cross-examination. You can test the other side's witnesses (and they will test yours) to see if there are things that don't make sense in their testimony and to make sure they are telling the truth.

Once both sides have called their evidence, the judge decides whether the Prosecutor has proven that you are guilty beyond a reasonable doubt. If you are having a trial with a jury, once both sides have called their evidence, the judge will give instructions to the jury (remind them what the charges require to be proven and what the law says) and then the jury will decide whether the Prosecutor has proven that you are guilty beyond a reasonable doubt.

If the judge or jury does not think the case has been proven beyond a reasonable doubt, you are found not guilty (acquitted) and the case ends. After a person has been acquitted after a trial, they cannot be tried for that same crime again, unless the Prosecutor successfully appeals the case. If the judge or jury thinks the case is proven, you will be found guilty and go to sentencing.

Even if you are guilty of the offence you are charged with, you can always insist on your right to a trial, even if your lawyer advises against it. A lawyer may or may not continue to represent you in these circumstances. If you no longer have a lawyer, you can ask for time to get a new one (a judge may or may not agree to this) or you can run the trial yourself.

You cannot be penalized for insisting on a trial but, if you are found guilty, you will not get credit for an early guilty plea.

You can represent yourself and run your own trial. There may be cases where you cannot cross-examine the victim yourself and someone will need to be appointed by the court to do that instead. If your case involves a breach of your Charter rights and you want to have evidence excluded, the process is more complicated than a simple trial. To make a Charter argument and have evidence excluded, you need to give special notice to the court, the Prosecutor/police and the Government. The Canadian Judicial Council has a guide that has detailed information on representing yourself: The Criminal Law Handbook.