Frequently Asked Questions
WHAT HAPPENS ON MY FIRST COURT DATE?
On your first appearance in court, you will receive disclosure from the Crown which summarizes the police investigation. You will be asked if you intend to retain Counsel, and you will be given the opportunity to review the disclosure prior to making any decisions with regard to your case. Ordinarily, your case will be adjourned for a few weeks to allow time for you to do this. If you need a longer period of time, you can ask the Court for more time on your second appearance.
WHAT IS "DISCLOSURE"?
Disclosure is the evidence gathered by Crown counsel in support of the charge against you. You are entitled to all of your disclosure. Usually, it includes the charge, police notes, witness statements, and other information gathered by police during their investigation such as pictures, recordings or weapons. To obtain your disclosure package, a request must be made to the Crown's office.
WHAT IS "DUTY COUNSEL"?
Duty counsel are lawyers that work in the court and provide free summary advice to people who need assistance with regard to their criminal charges. Although duty counsel generally do not have the time to assist you with every aspect of your case, they can give you procedural advice and some advice about your legal options.
IF I GET ARRESTED BY THE POLICE, WHAT ARE MY RIGHTS?
Everyone has rights upon arrest. Some of these rights are guaranteed under section 10 of the Charter of Rights and Freedoms, which says:
Everyone has the right on arrest or detention:
-
(a) to be informed promptly of the reasons therefore; and
-
(b) to retain and instruct legal counsel without delay and to be informed of that right.
In other words, the police must tell you the reason why you are being arrested immediately upon arrest and they must also tell you about your right to contact a lawyer. This must be a lawyer of your choice and the police must give you an adequate opportunity to contact that lawyer or to contact duty counsel.