By Elias Rabinovitch, Toronto and Woodbridge Criminal Lawyer
While trials are relatively uncommon (about 90% of cases settle before trial), they are an integral part of the justice system. If you've ever wondered what happens when someone is charged with a crime in Toronto, a criminal trial is where everything comes to a boiling point.
A trial is basically a structured process where the government and the accused face off in court. The goal is to figure out whether the person is guilty or not guilty. The stakes are high because the outcome can affect a person's freedom.
Note: being "not guilty" is very different from being "innocent." Innocence is a natural fact. Whether someone is or is not innocent is not open to debate; the truth is the truth. Guilt, on the other hand, is a legal determination. At trial, you can be found "guilty," but be completely innocent of your crimes. Likewise, you can be found "not guilty" but still be the one who committed the crime.
Why is this? Well, unfortunately, the justice system is not perfect and does not require 100% certainty to convict you of a crime. It only requires proof "beyond a reasonable doubt." And that is exactly where a good Toronto trial lawyer makes a difference.
Being innocent doesn't automatically mean you'll win at trial. Similarly, just because the police have evidence suggesting you are probably guilty, it doesn't mean you can't convince the court that you're not guilty. A skilled lawyer knows how to challenge evidence, question witnesses, and present your side in the strongest possible way.
Understanding the Players in a Trial
When you step into a courtroom, there are a few key people you need to know.
- The Crown attorney represents the government. They are part of a team of other Crowns whose job it is to "prosecute" people they believe committed crimes. They always want to prove guilt beyond a reasonable doubt.
- The defence lawyer is on the other side, and always wants to establish that the accused is not guilty beyond a reasonable doubt.
- The judge is the referee, making sure the trial follows the rules, no one does anything stupid, and providing instructions to the jury (when one is present, which is quite rare and only reserved for severe cases).
- Witnesses: these don't have to be just eyewitnesses. They may also include experts who provide opinions, police officers, and others with relevant information.
- Court reporters and clerks: these individuals are part of the record-keeping process, ensuring all parties have the correct information and that the court transcript is accurate.
A Quick Word on Evidence
Evidence is the most critical part of a trial. But what exactly is evidence? Evidence is essentially anything that helps to establish a fact is true (or untrue).
Trier of Fact
In a trial, there is always a "trier of fact", either the judge or jury if there is one. It is their job to establish which groups of facts are true. The only way they can do that is with evidence.
Defence vs Crown
It is the job of both the defence lawyer and the Crown prosecutor to present all the evidence they possibly can to the trier of fact. The idea is, in our justice system, the more each side wants to prove their version of the truth, the more evidence will come before the court. In the process, the "objective truth" will come into the spotlight.
The Evidence Dance
Evidence includes physical items, documents, recordings, past statements, and witness testimony. Both sides get to present their evidence and question each other's witnesses. This is where trial lawyers earn their keep. They know how to object when a question is unfair, how to highlight inconsistencies, and how to make sure every piece of evidence is considered fairly and presented clearly.
I often tell my clients that a trial is like a chess game. Every move matters, every answer counts, and timing can make all the difference.
The Trial Process Step by Step
Here's a simple outline of how most criminal trials in Toronto unfold:
- Pre-Trial Stage – The accused enters a plea. A not guilty plea triggers the trial, while a guilty plea usually moves straight to sentencing. Pre-trial motions may also happen, where lawyers argue over whether certain evidence should be allowed.
- Opening Statements – Both the Crown and the defence explain their version of the story and what they intend to prove.
- Presentation of Evidence – Witnesses are called, documents are shown, and physical evidence is presented. Lawyers cross-examine witnesses to challenge their story.
- Closing Arguments – Each side summarizes the evidence and explains why the verdict should go their way.
- Verdict and Sentencing – The trier of fact decides if the accused is guilty or not guilty. If guilty, sentencing follows.
Even though it sounds straightforward in a list, each step can take days or weeks. I go through every police note, surveillance video, and witness statement line by line to make sure nothing is missed.
Challenges in a Trial
One of the trickiest parts of a trial is cross-examination. Lawyers ask pointed questions to opposing witnesses to test their memory, honesty, or perception of events. Many categories of crimes lean heavily on the art of cross-examination, particularly sexual assault, domestic violence, and child sexual assault cases, as these types of offences less commonly have video or other types of evidence.
Cross-examination can feel intense, and it's normal for witnesses to get flustered. A single inconsistency in a witness's story can shift the momentum of a trial. Lawyers also have to navigate legal rules about evidence. For example, evidence collected without following proper procedure may be excluded.
Sentencing is another critical phase. Judges consider many factors before deciding a punishment. They look at the severity of the offence, prior criminal history, the impact on victims, and whether the accused has taken steps to demonstrate accountability. I always emphasize to clients that how they conduct themselves before and during a trial can influence sentencing. Many trials I handle involve assault, sexual assault, and domestic violence charges, where cross-examination is often the decisive battleground.
Why a Lawyer Matters
Trials are highly technical, whether you are in downtown Toronto, North York, Scarborough, Etobicoke, Mississauga, Brampton, Vaughan, Markham, Richmond Hill, Pickering, Oshawa, or anywhere else in the GTA. Evidence must be presented in a specific order, procedures must be followed exactly, and every witness interaction can affect the case. I will spend hours preparing timelines, questioning evidence, and anticipating the Crown's strategy. Even small oversights by the prosecution or mistakes by police officers can provide opportunities to challenge the case.
Every trial is unique, and careful planning, strategy, and attention to detail are crucial. Trials are complex, but with the right guidance, they don't have to be overwhelming.
Call 647-547-6734 for a free consult. I work with a team of colleagues and lawyers across the GTA who often second or third chair a solid trial.