A trial is the hearing of the evidence in either the Superior Court of Justice or the Ontario Court of Justice. If the matter is proceeding in the Superior Court of Justice an accused person has the choice of electing to be tried by a Judge alone in the Superior Court or by Judge and Jury.
At trial, Charter
Applications are held and the testimony of all the witnesses are heard. The proceeding begins with the Crown calling its evidence against the accused. If necessary, defense counsel will call evidence in response. If evidence is called by the defence, they will give closing submissions first. The crown will be given an opportunity to respond and defence will have the final reply. Otherwise, if no defence evidence is presented, the Crown would proceed first. Similar cases will be referenced throughout the submissions; this is known as Case Law. The judge will review counsel’s arguments and which previous cases aptly apply to the facts of your case and render a decision. It is common in very serious cases for the judge to reserve his decision to another day, where he can review the evidence more thoroughly before rendering his judgment.