Common Questions
Plain answers to the questions people most often carry into a first conversation. Nothing here is legal advice; it is a starting point.
What should I do if I am arrested?
Stay calm, say nothing about the allegation, and ask to speak to a lawyer before answering any questions. You have the right to counsel under section 10(b) of the Charter. The police must hold off questioning until you have had a reasonable opportunity to get legal advice. Anything you say before that can still be used against you, so silence is not obstruction — it is caution.
Do I have to speak to the police?
No. Beyond identifying yourself in defined circumstances, you are not obliged to answer questions about an investigation. A statement made voluntarily can become the central evidence at trial. The safest course is to consult counsel first and let your lawyer decide what, if anything, should be said.
How is bail decided?
Bail — judicial interim release — is decided at a hearing, usually within 24 hours of arrest. The court asks whether detention is necessary to ensure attendance in court, for the protection or safety of the public, or to maintain confidence in the administration of justice. The Crown may seek a reverse onus in serious cases, meaning you must show cause for release rather than the Crown showing cause for detention.
What does "proof beyond a reasonable doubt" mean?
It is the standard the Crown must meet to secure a conviction. The accused does not have to prove innocence; the state must prove guilt to a high degree of certainty, leaving no reasonable alternative consistent with innocence. If a reasonable doubt remains after the whole of the evidence, the verdict must be not guilty.
What is the difference between summary and indictable offences?
Summary offences are less serious, prosecuted more quickly, and carry lower maximum penalties. Indictable offences are more serious and carry heavier sentences. Many offences are hybrid, meaning the Crown elects to proceed by summary conviction or by indictment depending on the circumstances of the alleged offence and the accused.
Can a charge be resolved before trial?
Yes. A charge may be withdrawn, stayed, or resolved through a guilty plea to a lesser or different offence. Whether that is possible depends on the strength of the Crown's case, the evidence, and the specific facts. Some matters end before trial; others must be fought through to verdict. The strategy is built around the file, not a template.