THE COURT PROCESS If criminal charges have been laid but you feel overwhelmed or decide that you do not wish to continue, the Crown Attorney will work with you to address your concerns and provide support. While decisions about the prosecution and whether to discontinue it are ultimately those of the Crown Attorney, your input is critical and your well-being is a foremost consideration.
Disclosure The Crown is required to disclose most evidence gathered in the police investigation to the defence attorney. Anything you say to the police or other justice officials may be disclosed. You have the right to your own lawyer if any party seeks to gain access to records about you that are kept by your service provider(s). How long does the court process take? In 2016, the Supreme Court of Canada released a decision impacting unreasonable delays in court. This is important as it provides a clear mandate to the Crown Attorney to ensure a fair but expedited court process. The length of time a case is tried has significantly been reduced by the Crown Attorney’s office which is also able to provide guidance and support through the legal process. The length of the court process varies widely and depends on a number of factors. If the accused pleads guilty, the court process will finish more quickly than if there is a trial. Generally speaking, court matters that go directly to a trial will be completed within 18 months. Court matters that proceed to a preliminary hearing and a trial will generally be completed within 30 months.
This extended period may be difficult for you. It is important to obtain support during this time. There are many services available in your community. Please refer to the Resources page and speak to your assigned worker at the Victim Witness Assistance Program (V/WAP) if you need further information about the court process or would like to be referred to community supports. Once Charges are Laid Once charges are laid, your case will be referred to a case worker in the V/WAP located at: Ottawa Courthouse 161 Elgin Street, Fourth Floor Ottawa, Ontario K2P 2K1 613-239-1229
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