Navigating the Courtroom: What to Expect at an Arraignment
For anyone facing a criminal charge, the court process can be daunting. One of the most pivotal and often misunderstood steps is the arraignment hearing. This is where the formal court proceedings against an accused person truly begin, moving the case beyond administrative appearances toward a potential resolution or trial.
The Purpose of the Arraignment
An arraignment serves three critical functions: to formally identify the accused, to read the charge in open court, and to have the accused enter a plea. It is the public declaration of the allegations, ensuring the accused knows the exact nature of the case against them before making any major decisions.
The arraignment is distinct from the first appearance (or initial appearance), which is often a brief, administrative check-in where the accused receives their disclosure (the Crown’s evidence package) and secures legal counsel. While an arraignment can happen at this initial appearance, it’s often delayed to give the accused and their lawyer time to review the evidence and consider their options.
Key Steps in the Hearing
The arraignment process typically unfolds with the accused being called to the bar, or the dock. The judge, justice of the peace, or judicial case manager will:
- Confirm Identity and Charges: The court will confirm the accused’s name and read the criminal charges. The accused must state that they understand the allegations.
- The Plea: The most important decision is entering a plea. The accused will be asked whether they plead guilty or not guilty.
- Guilty Plea: If the accused pleads guilty, the matter may proceed immediately to a sentencing hearing or be adjourned to a later date for sentencing. The judge must be satisfied that the plea is voluntary and that the accused understands they are admitting to the essential elements of the crime.
- Not Guilty Plea: A not guilty plea means the case will be set down for trial.
Crucial Decisions and Logistics
If a not guilty plea is entered, the hearing shifts to organizing the logistics for the trial, which can include several key decisions and discussions, especially for more serious, indictable or hybrid offences:
- Crown Election: For hybrid offences (those that can be treated as either summary or indictable), the Crown Prosecutor will declare their election—whether they intend to proceed by the less serious summary route (trial in Provincial Court) or the more serious indictment route.
- Accused’s Election of Court: If the Crown proceeds by indictment, the accused usually has the right to elect the mode of trial:
- Trial by a Provincial Court Judge alone.
- Trial by a Superior Court Judge alone.
- Trial by a Superior Court Judge and Jury.
- Preliminary Inquiry: For certain serious indictable offences punishable by 14 years or more, the accused may also have the option of requesting a preliminary inquiry—a hearing to determine if there is enough evidence to proceed to a full trial.
- Setting the Trial Date: Finally, the court will discuss and set a date for the trial. This often involves counsel for both sides confirming the estimated time required for the trial, the number of witnesses they plan to call, and whether any special arrangements (like an interpreter) are needed.
The arraignment is a critical juncture where an accused person, ideally guided by a lawyer, transitions from being charged to officially determining the path their case will take—a conviction or a trial. Knowing what to expect allows the accused to assert their rights and make informed choices at this fundamental stage of the Canadian criminal justice process.