The Criminal Trial Process

Part 2

  • The Election

  • Preliminary Inquiry

  • Stage 4: The Trial

  • The Decision

Part 3

  • Stage 5: Sentencing

  • Types of Sentences

  • Victim Impact Statement

  • Gladue Report

Stage 1: The Investigative Phase

When a potential crime is either reported to a law enforcement agency like the local police or RCMP, or when the police themselves become aware of a possible crime, they will conduct an investigation. During this investigation, they determine whether the incident should be reported to Crown counsel, which is the BC prosecution service. This report is referred to as a "Report to Crown Counsel" or RCC for short. 

Stage 2: The Prosecution Function

When the police believe that a crime has occurred, they send a Report to Crown Counsel (RCC). In most cases, this report goes to the BC Prosecution Service but some offenses fall under the responsibility of the federal prosecution service (they deal with mainly drug cases).

Charge Assessment

Next, when BC prosecutors, receive the report from the police, their task is to determine whether they should officially charge the individuals mentioned in the report.

The Two-part Formula

So, how does the prosecutor (crown) decide what cases get charged? They follow a two-part formula:


1. If there's a strong and solid case to bring before the court. (If the evidence is strong and they think they could win)

2. If the answer to the question above is yes, whether it is necessary to prosecute the case for the benefit of the public? To make this decision, prosecutors have to consider a lot of things, like how serious the accusations are (for instance, if the victim was badly hurt or if a weapon was involved).

The goal of this charge assessment is to make sure that only strong cases and cases that are in the best interest of the public go to trial. Crown counsel can choose if they will file charges, not file charges, or consider an alternative to going to court.

In the Canadian justice system, the prosecutor's main job is not to win convictions. Instead, their primary role is to make sure that the evidence against someone accused of a crime is presented strongly but also fairly in court. This way, the defence lawyer for the accused can properly respond to the evidence, and the judge or jury can make an unbiased decision about the case.

Pre-Trial Appearances

When someone is charged with a crime, they usually get a notice from the police telling them the date, time, and location of their first court appearance to address the charge. However, if the crime is extremely serious or if the accused person has a previous criminal record, they might be kept in jail until their initial court hearing.

If the accused person is kept in jail, there could be a bail hearing to decide if they should be released before their trial or if they should remain in custody. When deciding whether to oppose the accused person's release on bail, the Crown attorney has to think about what's best for the public and ensure people have confidence in the justice system. Before making a choice, the Crown will look at all the important information available. Their decision has to follow the law, government rules, and keep public safety in mind.

During this hearing, in most situations, the Crown needs to explain why it's necessary to keep the accused person in custody. If the judge decides to let the accused person go, they might have to follow specific rules. For instance, they could be told to be home by a certain time or not to contact the victims or witnesses. If the accused person doesn't follow these rules, they could face additional charges.

If you are a victim, you will get a document that outlines these rules.

It is VERY important that you read and understand the rules that they need to follow and what to do if you know they are not following them. If you don't understand the document or have any questions, reach out to your victim services worker or the officer who is assigned to your case.

Keep this document in a safe place.

Common Release Conditions

No Contact: You must have no contact or communication, directly or indirectly, with ________(name).

No Go: You must not go to (or be within ____ meters of):

  • any place where (name:_____) lives, works, goes to school, worships, or any place you know them to be. If you see them you must leave their presence immediately without any words or gestures

Reporting: When first reporting to the bail supervisor, you must provide them with the location of where you are living and your phone number.  You must not change either without notifying your bail supervisor at least (__ days) in advance of any change.

No Drugs or alcohol: You must not possess or consume alcohol, or controlled substances as defined in the Controlled Drugs and Substances Act, or any other intoxicating substance, except with a medical prescription.

No weapons: You must not possess, directly or indirectly any weapon as defined by the Criminal Code including:

a. Firearms and ammunition;

b. cross-bows, prohibited or restricted weapons, prohibited devices, or explosive substances;

c. anything used, designed to be used or intended for use in causing death or injury to any person, or to threaten or intimidate any person; 

d. any imitation firearms or weapons, including any compressed air guns or bb/pellet guns; and

e. any related authorizations, licenses and registration certificates, and you must not apply for any of the above items.

A Note For Victims

If anything happens that you think might be breaking one of the conditions, report it as soon as possible. No matter how small or insignificant it might seem, it is better to have a paper trail. It is always better to speak up just in case and let the police decide if it is an issue. You are not annoying them, it is far more important that you keep yourself safe.