- The Crown must prove guilt beyond a reasonable doubt on every essential element of the offence — the accused does not have to prove innocence.
- An accused has the right to remain silent and is never required to testify or present any evidence at all.
- For serious indictable offences, an accused can generally choose between a trial by judge alone or by judge and jury.
- The trial itself follows a defined structure: the Crown's case, then the defence's case (if any), followed by closing submissions.
- If convicted, sentencing is generally a separate stage from the trial, sometimes held on a different date entirely.
- Most criminal matters in Ontario never reach a full trial — many resolve through withdrawal, diversion, or a guilty plea beforehand.
The Short Answer
An Ontario criminal trial follows a defined structure: the Crown presents its evidence first, the defence has the opportunity (but never the obligation) to respond, both sides make closing submissions, and then a verdict is reached — by a judge alone or by a jury, depending on the case. Throughout, the Crown carries the entire burden of proving guilt beyond a reasonable doubt.
Before the Trial Begins
Before a trial ever starts, the case moves through disclosure (the Crown providing its evidence to the defence), judicial pre-trial conferences to narrow issues and discuss resolution, and for eligible serious offences, a possible preliminary inquiry. Many matters resolve at this stage without ever reaching trial.
Judge Alone vs. Judge and Jury
For many indictable offences, an accused can choose between a trial by judge alone or by judge and jury. In a judge-alone trial, the judge decides both the facts and the law. In a jury trial, the jury decides the facts and reaches the verdict, while the judge rules on legal issues and instructs the jury on the applicable law before they deliberate.
The Burden and Standard of Proof
Every accused person is presumed innocent unless and until the Crown proves guilt beyond a reasonable doubt — the highest standard of proof in Canadian law. The accused never has to prove innocence, and has a constitutional right not to testify.
Step 1: The Crown's Case
The Crown goes first, calling witnesses and presenting evidence intended to prove each essential element of the offence. Each Crown witness is first questioned by the Crown (examination-in-chief), then cross-examined by defence counsel, who tests the evidence and the witness's credibility.
Step 2: The Defence's Case
Once the Crown closes its case, the defence decides how to respond. The defence can:
- Call no evidence at all, arguing simply that the Crown has not met its burden
- Call witnesses, potentially including expert evidence
- Have the accused testify — entirely the accused's choice, never a requirement
An accused who chooses not to testify or call any evidence cannot have that choice used against them. The Crown must still prove its case fully on its own evidence.
Step 3: Closing Submissions
After all evidence is presented, both the Crown and defence make closing submissions — arguments about how the evidence should be interpreted and whether it meets the required standard of proof. In a jury trial, the judge then instructs the jury on the applicable law before they retire to deliberate.
Step 4: Verdict
The judge (or jury) reaches a verdict of guilty or not guilty on each charge. A judge-alone verdict may be delivered immediately or, in more complex cases, after the judge takes time to prepare written reasons. A jury verdict must generally be unanimous.
Step 5: Sentencing, If Convicted
If the accused is found guilty, sentencing is generally treated as a separate stage — sometimes argued right after the verdict, and sometimes adjourned to a later date, particularly where a pre-sentence report, victim impact statements, or further submissions are needed.
Common Misconceptions
Myth: “You have to testify to defend yourself.”
False. The right to remain silent is a fundamental protection, and choosing not to testify cannot be held against the accused.
Myth: “Most criminal charges go all the way to trial.”
False. Most matters resolve well before trial, through withdrawal, diversion, a peace bond, or a negotiated plea.
Myth: “A not guilty verdict means the court found the accused innocent.”
Not quite — a not guilty verdict means the Crown failed to prove guilt beyond a reasonable doubt, which is a distinct legal conclusion from an affirmative finding of innocence.
Preparing for a criminal trial in Ontario? Call our Toronto criminal defence lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
The Crown must prove every essential element of the charged offence beyond a reasonable doubt. This is the highest standard of proof in Canadian law, reflecting the presumption of innocence that applies to every accused person.
No. The accused is presumed innocent throughout the trial and has no obligation to prove anything. The entire burden rests on the Crown to prove guilt beyond a reasonable doubt.
No. An accused has a constitutional right to remain silent and cannot be compelled to testify. Choosing not to testify cannot be used against the accused as evidence of guilt.
In a judge-alone trial, a single judge hears the evidence, decides the facts, and renders the verdict. In a jury trial, a jury decides the facts and reaches the verdict, while the judge oversees the proceedings, rules on legal issues, and instructs the jury on the law. For many serious indictable offences, the accused can choose which mode of trial to have.
The Crown calls witnesses and presents evidence intended to prove each element of the offence. Defence counsel has the opportunity to cross-examine every Crown witness, testing their evidence and credibility.
No. The defence can choose to call no evidence at all and simply argue that the Crown has not met its burden of proof. If the defence does call evidence, it may include the accused testifying, other witnesses, or expert evidence, depending on the case.
A not guilty verdict (an acquittal) ends the matter on that charge — the accused cannot generally be tried again for the same offence based on the same facts, reflecting a fundamental protection against double jeopardy.
The matter proceeds to sentencing, which is generally treated as a separate stage from the trial itself — sometimes argued immediately after the verdict, and sometimes adjourned to a later date, particularly where a pre-sentence report or additional submissions are needed.
It varies enormously — a straightforward summary conviction trial might be completed in a single day, while a complex jury trial for a serious indictable offence can take weeks. See our guide on how long a criminal case takes in Ontario for realistic timelines at every stage, not just the trial itself.
No. Most criminal matters resolve before trial — through withdrawal of the charge, a diversion program, a peace bond, or a negotiated guilty plea. A full trial is generally reserved for cases where the Crown and defence cannot reach a resolution beforehand.
A preliminary inquiry is a separate, earlier hearing available only for the most serious offences (carrying a maximum penalty of 14 years or more), used to test whether there is enough evidence to justify a trial at all. See our dedicated guide on preliminary inquiries in Ontario for how that process works.