What Is a Crown Pre-Trial?

An upcoming trial can be an immensely challenging time, with many questions, a lot of pressure and uncertainty. One critical part of the trial process is the Crown Pre-Trial as this pre-trial can significantly influence the direction and possible resolution of a case. In this article, we will have a closer look at what a Crown pre-trial is, what its role is, and how to prepare for it so you are ready for your criminal trial.

Understanding a Crown Pre-Trial

A ‘Crown Pre-Trial’ (CPT), also known as a Crown resolution meeting, is one of several stages in a criminal case, where the crown attorney and criminal lawyer of an accused person will meet to discuss various topics related to the case. It is at this stage of a criminal case where defence can acquire valuable insights and a deeper understanding of the strengths and weaknesses of a case at an early stage, which is essential in planning a well-informed and effective defence. Criminal defence lawyers and Crown Attorneys will generally conduct CPTs behind closed doors, off the court record and in the absence of the accused. Before any trial dates are scheduled, both parties come together to discuss all aspects of a case in great detail in an attempt to possibly resolve the matter without proceeding to trial. If the parties are unable to do so, the case will proceed to the next step in a criminal proceeding, which is generally a judicial pre-trial (JPT).

Purpose of Crown Pre-Trials

CPTs are essential to both criminal lawyers and Crown Attorneys as they allow both parties to have full and frank discussions that would likely not take place in the courtroom. For example, a lawyer could determine the Crown’s position if his/her client were to accept responsibility for their actions & pay restitution for damages suffered by the complainant; in court (and on the record), lawyers will refrain from any indication/admissions of their client’s guilt (until they are instructed to do so by their clients of course).

CPTs also serve as an opportunity to screen out clear-cut cases that have no place before the courts. Lawyers may also address any outstanding issues at an early stage by conducting CPTs, such as issues with disclosure, Charter violation issues, potential defences, trial issues, and, of course, negotiating resolution positions, seeking bail variations, etc.

Preparing for Crown Pre-Trials

While it technically is possible for you to conduct your own pre-trial, it is strongly not recommended that any accused person do so. If you cannot afford private counsel and do not qualify for legal aid, at the very least, you should seek the assistance of a duty counsel lawyer from Legal Aid before you consider self-representation. Critical issues are discussed, and even more important decisions are expected to be made during pre-trial discussions, which may result in disastrous results or missed opportunities without the assistance of an informed and experienced lawyer.

How Long Does it Take to Schedule a Crown Pre-Trial?

As one of the first and absolutely necessary steps in every single criminal case, it should be of no surprise that it may take anywhere from 4-8 weeks to schedule a CPT. While some jurisdictions have a duty Crown Attorney who can conduct a CPT in straightforward matters, the timeline for a CPT also depends on the availability of the Crown Attorney and criminal lawyer. Outstanding disclosure may also impact the timing of when a CPT can be conducted, particularly when substantive disclosure is outstanding, like a video statement of a complainant.  The length of time also varies at different courthouses and jurisdictions. While scheduling pre-trials in advance may require a period of wait, the office of the Crown Attorney in almost every jurisdiction makes its best efforts to staff a Crown Attorney on duty (referred to as the Duty Crown) throughout court hours who is solely responsible for conducting pre-trials with lawyers.

The Criminal Trial Process in Ontario

The criminal trial process in Canada begins with criminal charges being laid and an arrest. The police must have strong evidence, including witness statements and police, medical, or incidental reports, to lay criminal charges against an accused. 

After the arrest, the accused may be released with an appearance notice and a promise to appear at the scheduled court date or held in custody until a bail hearing. The bail hearing must take place within 24 hours of the arrest or, if that is not possible, as soon as possible after that. At the bail hearing, the judge or justice of the peace will review evidence and submissions of the parties and decide if the accused will be detained or released, with or without conditions.

The Crown attorney must provide the accused and their legal counsel with a copy of any evidence against them, including police reports, witness statements, the accused’s criminal record, and any statements they may have made. This is called disclosure. This is a critical step during the trial process, as it will allow the defence to carefully review all details of the case and determine the strength of the evidence.

The next step is the Crown Pre-Trial, as outlined above, if the Crown attorney and criminal defence lawyer cannot come to a conclusion at the CPT, the case will proceed to trial accordingly.

The trial itself will depend on the type and severity of the offence. While a summary offence generally is addressed through the provincial court, such as the Ontario Court of Justice, and only takes a matter of days, the trial can take significantly longer if you are facing an indictable charge or, in the case of a hybrid charge, if the Crown elects to proceed by indictment. 

In this case, you can choose which trial mode will be applied:

• A trial in the Ontario Court of Justice before a judge alone
• A trial in the Superior Court of Justice before a judge alone
• A trial in the Superior Court of Justice before a judge and jury

During the trial, the Crown attorney must prove beyond a reasonable doubt that you are guilty of the crime you are accused of. If the judge or jury is not convinced, they cannot find you guilty.

Speak With a Dedicated Criminal Lawyer

Having an experienced criminal defence lawyer is invaluable when facing a criminal charge. Understanding the type of offence you are charged with and the options and potential consequences is critical for a robust criminal defence strategy.

Farjoud Law has an outstanding track record defending clients charged with criminal offences. We are dedicated to professionalism, client services and passionate advocacy. 

If you or a loved one has been charged with a criminal offence, do not hesitate to call Farjoud Law at 647-606-6776 to speak directly to a criminal defence lawyer who personally answers all calls 24 hours a day, 7 days a week or fill out our convenient online form.