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Introduction
When a person is charged with even a relatively minor summary conviction offence, there are usually a number of appearances he or she will have to make in court before the actual trial, if there is one. These usually occur in what is known as Remand Court. Remand Court is fairly informal; a Provincial Court judge (or a Justice of the Peace) hears what is generally a series of brief preliminary matters, one after another in rapid succession. The courtroom is full of people coming and going, or waiting in the public seating area for their names to be called.
As each case is called by the court clerk or the prosecutor, the person named stands and goes to the front of the room to speak to the judge. Accused persons often speak on their own behalf, while others are represented by lawyers, who address the judge and handle the technical details while the client just stands and waits. Occasionally, where the accused is not able for some reason to attend in person, his or her lawyer may still appear for them as "agent", with the court's permission.
A defence lawyer called "duty counsel", is often available to help unrepresented people make their appearances, if necessary. This lawyer may work regularly as duty counsel, or may be a private lawyer retained by Legal Aid to be at the courthouse just for a day or a few days. In that case, an accused person will likely see a different duty counsel at each appearance.
What Matters are Heard in Remand Court
When a charge is laid, the person charged is given a date on which the first appearance in court must be made. This will be quite soon after the laying of the charge - typically a matter of a few weeks or so, though it can be longer.
By the time of the first appearance, the prosecutor will have received details of the alleged offence from the police, and should be able to provide a copy of this "Report to Crown Counsel" ("RCC") to the accused. The normal procedure for a first appearance is to ask for this report (also referred to as the "particulars" of the alleged offence), and for an adjournment of two or three weeks.
The judge will almost automatically allow the adjournment, if asked, and will give a date, time and place for the second appearance. The accused or the defence lawyer may be handed an envelope containing the particulars (or may have to collect them later, from Crown counsel), and the appearance is over, usually in a very brief time.
Before the second appearance, the accused should read the particulars carefully, with a lawyer if possible, to see exactly what is being alleged. This will help him or her decide if there is a defence to the charge, and whether to plead guilty or not guilty. At the second appearance, if everything is moving along normally, the accused is expected to enter a plea.
If the plea is "guilty", the judge will usually hear from both prosecution and defence, and pronounce sentence immediately. If the guilty plea is entered before a Justice of the Peace, sentencing will have to go to another court, before a Provincial Court judge. If there is some good reason for it, sentencing can sometimes be "adjourned" to a later date.
For a plea of "not guilty", the judge or justice will approve a date for trial. The accused person or the defence lawyer will usually visit the office of the Trial Coordinator or Trial Scheduler in the courthouse before appearing in court, to find out what date is available and to place the trial on the court calendar. The date is suggested to the judge, who will almost certainly approve it unless there is some good reason not to.
Remand court is also the place where requests are made to "vacate" (cancel) arrest warrants. This commonly happens where someone has failed to appear in court on a scheduled date, and a warrant is issued for their arrest (a "bench" warrant - issued from the judge's bench). The person then realizes he or she now has to deal with the warrant, on top of the original charge. The act of showing up in court to offer an explanation (or at least an apology) for the original failure to appear will often be sufficient to convince the judge to set aside the warrant - at least the first time.
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FIRST LINE CRIMINAL LAW INFORMATION