The criminal justice process in Ontario, from arrest to trial

If you or someone close to you has been charged with a criminal offence in Ontario, the process ahead has fixed stages and real deadlines. Knowing what happens at each one, from the arrest itself through bail, disclosure, and trial, helps you make better decisions at the moments that count.

Police can arrest you when they have reasonable grounds to believe you committed an offence. From that moment, section 10 of the Charter applies. Officers must tell you promptly why you are being arrested, and they must tell you that you have the right to speak to a lawyer. You can call your own lawyer or use the free 24-hour duty counsel line, and police have to hold off on questioning until you have had a reasonable chance to get that advice.

You also have the right to remain silent. Identify yourself, then say nothing about the allegations until you have spoken to a lawyer. People talk themselves into trouble at the police station far more often than they talk themselves out of it.

Not every arrest ends in custody. Police can release you at the scene or from the station on an appearance notice or an undertaking, often with conditions attached. If they hold you instead, they must bring you before a justice for a bail hearing, normally within 24 hours.

At a bail hearing, the starting point under Canadian law is release. The Crown usually has to show why you should be detained or why conditions are needed, and the court is supposed to impose the least restrictive terms that answer three concerns: whether you will show up for court, whether the public is at risk, and whether releasing you would undermine confidence in the justice system.

For a growing list of offences, though, the burden flips and you have to show why you should be released. Parliament expanded these reverse onus provisions in January 2024 under Bill C-48, which targeted repeat violent offending with weapons along with certain firearms and intimate partner violence charges. It went further in July 2026, when the main provisions of the Bail and Sentencing Reform Act came into force with dozens of changes aimed at repeat violent offenders, organized crime, and violent auto theft, among others. If your charge falls into one of these categories, getting bail is harder than it used to be, and preparation matters more.

Your first court date is administrative. Nothing about guilt gets decided. It is where you confirm who is representing you, receive or follow up on disclosure, and set the next date. Disclosure is the Crown's file: police notes, witness statements, video, forensic reports, anything relevant to the case. Since the Supreme Court's decision in Stinchcombe, the Crown has had a duty to hand over all of it, helpful to them or not, and that duty continues as new material comes in. Do not lock in a trial date until you have seen what the Crown actually has.

If you cannot afford a lawyer, apply to Legal Aid Ontario early. A certificate depends on your income and the seriousness of the charge. Duty counsel at the courthouse can help with appearances and bail, but they will not run your trial.

Most cases never reach trial. Crown pre-trials and judicial pre-trials are where the lawyers deal with the real issues: whether charges can be withdrawn, what a plea to a lesser charge would look like, and how long a trial would actually take. Pre-trial motions handle legal questions such as Charter breaches and the admissibility of evidence, and a successful motion can end a case before a trial ever starts.

For more serious charges you may have an election: trial in the Ontario Court of Justice, or in the Superior Court before a judge alone or a judge and jury. Preliminary inquiries still exist, but since 2019 only for offences carrying a maximum penalty of 14 years or more.

Timelines matter too. Under the Supreme Court's Jordan decision, the presumptive ceiling from the charge to the end of trial is 18 months in the Ontario Court of Justice and 30 months in the Superior Court. Delay beyond those ceilings, if the defence did not cause it, can get the charges stayed.

At trial the Crown goes first and must prove every element of the offence beyond a reasonable doubt. Your lawyer can cross-examine the Crown's witnesses and call evidence of your own. You can testify, but you never have to, and the judge or jury is not allowed to hold your silence against you.

If the verdict is not guilty, the case is over and you are free to go. If it is guilty, the court moves to sentencing.

Sentences in Ontario range from discharges, fines, and probation through conditional sentences served in the community to jail. Where you land depends on the offence, your record, and the circumstances, including anything that cuts in your favour. If something went wrong at trial, or the sentence is unfit, you can appeal, but the window is short. In most cases you have 30 days to start.

The most common mistake we see is waiting. Decisions made in the first days after an arrest, at the police station and at the bail hearing, follow the case all the way to trial.

At Telesh Law Firm Professional Corp., we defend criminal charges at every stage of this process. If you or someone in your family has been arrested or charged, call us. We will tell you where you stand in plain terms.

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This article is general information, not legal advice, and does not create a solicitor-client relationship. It is current as at its publication date and is not revised as the law changes. For advice on your specific situation, book a consultation or call 416-639-0887.

Written by

Caleesis Telesh

Founder & Principal Lawyer

LL.B. · B.A., York University · Member, Law Society of Ontario

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