A trial is a formal court process where a judge listens to evidence and decides the outcome of a case. The goal of a trial is to determine what happened and apply the law to reach a fair decision.

In Ontario, trials follow a structured process to make sure both sides are treated fairly. Municipalities administer courts where most provincial offence cases are heard, while Criminal and Family Courts are administered by the province.

The procedures that must be followed for all provincial offence proceedings, including trials, sentencing, and appeals, are set out in the Provincial Offences Act and include the following steps:

1. Opening the trial – the arraignment

The trial officially begins with the arraignment. The court clerk will read the charges against the accused (the defendant) who will then enter a plea of ‘guilty’ or ‘not guilty.’ If you plead not guilty, the Crown must prove beyond a reasonable doubt that you committed the offence.

Both sides will then present their opening statements. The prosecutor (a representative of the Crown) explains what the case is about and what evidence will be presented. The defence may also give an opening statement. Opening statements are not part of the party’s evidence; they are simply an overview to help the judge understand the case.

2. Presentation of evidence

This is the main part of the trial, where each side presents any information they want the judge to consider.

The prosecutor goes first, followed by the defence. Each side can call witnesses, introduce documents, and rely on other forms of evidence to support their case.

Since the accused is presumed innocent, the prosecutor must prove guilt beyond a reasonable doubt. The defendant does not have the requirement to prove anything, but if they do choose to, they may bring forward evidence in defence.

What kind of evidence is allowed?

Evidence can include:

• Witness testimony: What people saw, heard, or experienced
• Documents: Contracts, emails, or any other written records
• Physical evidence: Objects connected to the case

How are witnesses questioned?

Witnesses are examined in three stages:

1. Direct examination: The party who called the witness asks questions
2. Cross-examination: The other side questions the witness’s evidence
3. Re-examination: Limited follow-up questions to clarify issues

The judge plays an active role in controlling this process. They can stop questions that are irrelevant, repetitive, or unfair, and ensure the witnesses are not harassed or embarrassed.

3. Closing arguments

Once all the evidence has been heard, both sides summarize their case. They explain how the evidence supports their position and why the judge or jury should decide in their favour.

4. Judgement and sentencing

The judge may deliver the verdict immediately or take time to consider the evidence.

• If the accused is found not guilty, they are acquitted and the case ends
• If the accused is found guilty, the judge decides their sentence which may involve a fine, probation, jail, or other orders

More information and legal help

For more information about the court process for provincial offences cases, refer to the Ontario Court of Justice, Guide for Defendants in Provincial Offences Cases.

Going to court is a serious matter. You should get legal advice and assistance for the best defence of your particular situation.

								
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