Have you been arrested by the police and want to know what to expect? Did the police officer give you an appearance notice, have you sign an undertaking (formerly a promise to appear) or tell you that a summons would be sent to you by mail?
This means that you will have to appear before a judge of the Court of Québec, Criminal and Penal Division, or of the Municipal Court.
In criminal matters, the appearance is the first court step after the arrest. Let’s take the time to demystify it.
What is the appearance?
The appearance is the first hearing. It takes place at the courthouse or the Municipal Court of the judicial district indicated on the document requiring you to appear. This is generally the judicial district where the alleged offence was committed.
This hearing takes place before a judge alone and is generally very short. In short, it starts the criminal court process by informing you of the charges against you and allowing you to obtain a copy of the evidence gathered against you. Let’s look at the process in detail.
Step 1: Representation by a lawyer
At the appearance, you have the right to be represented by a defence lawyer.
If you choose to have a lawyer defend you, you will generally not need to be present on this first court date, unless your lawyer tells you otherwise.
Otherwise, if you represent yourself, you must be present before the court to appear on the day, at the time and at the place indicated on the document requiring you to attend (appearance notice, undertaking or summons, as the case may be).
Step 2: The roll call
At the start of the hearing, the presiding judge will proceed with the roll call.
Essentially, you will not be the only accused in the courtroom. Everyone who has a case before the court will be called to appear, one after the other, generally in alphabetical order by last name. You will need to be patient: it may take some time before it is your turn to appear.
When your name is called, you must stand up and go to the front of the room, to the witness box, to face the judge.
Step 3: Reading the charges
Once your name is called, the presiding judge will read you the charges laid against you by the Crown (the name used for the party prosecuting you), which is represented by a Crown prosecutor.
Although the police must inform you of the reasons for your arrest at the time of the arrest, it is at the appearance that you will be informed of the exact charges against you (e.g. assault, theft under $5,000, mischief, impaired driving, etc.), the date and place of the alleged offence and the identity of the victim, if there is one.
If you are represented by a lawyer at your appearance, your lawyer will waive the reading of the charges, since they will already have informed you of them.
Step 4: Disclosure of evidence
At your appearance, the prosecution must fulfil its most fundamental obligation, which is to disclose all the evidence it has against you.
Generally, you will receive the report written by the police, the statements of the victim, of the witnesses and your own, if any, as well as the photos taken in connection with the event and any other relevant item.
It is important to keep all this documentation and to give it to your lawyer, if you retain one, because your lawyer will need it to take a position in your case.
Step 5: Entering a plea or making an election
Next, the judge will ask you to enter your plea, that is, to say whether you want to plead guilty or not guilty to the charges against you.
At the appearance stage, it is recommended, and wiser, to enter a plea of not guilty.
It is important to review the evidence gathered against you and to meet with one of our lawyers to discuss the case before making a decision that can have serious consequences.
At this meeting, the lawyer will take your version of the facts and discuss the possible options with you.
However, you can enter a guilty plea as early as the appearance if you wish.
For some more complex types of cases (e.g. assault, theft over $5,000, sexual assault, etc.), there will be an election to make regarding the mode of trial.
This means that you will have to decide whether you want to be tried by a judge alone or by a judge and jury. At the appearance stage, it is better not to make this choice right away, to preserve your rights. That is why your lawyer will make sure to “reserve your election”, that is, postpone it to a later date.
Step 6: Language rights
At your appearance, the presiding judge will also inform you of your right to ask that your trial take place in the official language of your choice, either English or French. You can tell the judge your preference at that time.
Step 7: Postponing the case to a later date
At the end of the appearance, your case will be postponed to a later date chosen jointly by the prosecution and defence lawyers. This next date is set for case orientation or as a formality (the Latin term pro forma is often used).
In plain terms, this postponement is meant to give you time to meet with your lawyer so they can analyze the evidence you received. Your lawyer can then suggest a position to take in the case before you plead guilty to the charges against you or before setting a trial date, if you plead not guilty.
Contact us
If your court appearance is coming up soon, you now know what to expect. Feel free to contact one of our criminal lawyers as soon as you are arrested. They will guide you throughout the court process.
Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.
