8
The Trial
Learning Outcomes
After reading this chapter, you should be able to:
• Describe the arraignment process and the possible
pleas available to a defendant
• Define the five different types of plea bargaining
• Outline the paralegal’s professional obligations to the
client regarding the entering of a plea
• Describe the people involved in the criminal trial
process
• Identify the steps in a trial
• Evaluate some of the common defences available to
an accused person in a criminal trial
• Explain the significance of a verdict in a criminal trial
149
Introduction ........................... 150
Arraignment and Entering Pleas ......... 150
Types of Pleas ......................... 150
Special Pleas .......................... 150
Advice to Clients Before Entering a
GuiltyPlea ......................... 151
Plea Bargaining ........................ 152
Types of Plea Bargaining ................ 152
People Involved in the Trial .............. 154
Steps in the Trial ....................... 155
The Crown’s Case ..................... 155
The Defence’s Case .................... 156
Common Defences ..................... 157
Justification Defences .................. 158
Excuse Defences ...................... 161
Entrapment .......................... 170
Alibi ................................ 170
The Verdict ............................ 171
The W (D) Test ........................ 171
The Kienapple Principle ................. 172
Chapter Summary ...................... 173
Key Terms ............................. 173
Review Questions ...................... 173
© 2022 Emond Montgomery Publications. All Rights Reserved.
Introduction
We will begin this chapter by examining the arraignment process, followed by a dis-
cussion of entering pleas. The ethical and procedural aspects of having a client enter
a plea will be reviewed. Various forms of plea bargaining will be discussed. The roles
of various people associated with the criminal trial process will be reviewed. The
stepsof a trial will be outlined with respect to the Crown’s case and the defence’s
case, with a discussion of various possible defences available to an accused. Finally,
the signicance of a verdict will be examined.
Arraignment and Entering Pleas
When the defendant appears for trial, the charges set out in the information are for-
mally read by the clerk of the court, and the defendant is asked whether they will
plead guilty or not guilty. This is referred to as the arraignment. Section 801(1) of the
Criminal Code describes the arraignment process for a summary conviction matter.
Although this section states that the “substance” of the information shall be read to
the defendant, in practice the wording of the charge is read out in its entirety. The
defendant is then asked how they wish to plead, pursuant to section 801(1)(a) of the
Code. The plea is then recorded by the clerk of the court.
Types of Pleas
Pursuant to section 606(1) of the Code, there are only two types of common pleas
that may be entered by the defendant: guilty or not guilty. If a plea of not guilty is
entered, then the matter proceeds to trial. If the defendant enters a guilty plea, then
a conviction is entered, and the matter proceeds to sentencing. During the sentencing,
the Crown reads in a summary of the facts of the offence, provides the court with
details of the defendant’s criminal record, and puts forth a position on sentence. The
criminal record must be acknowledged by the defendant or proven by the Crown.
The defence is also entitled to put forth the defendant’s version of events and
make submissions as to the appropriate sentence. If the defence’s version of the facts
varies substantially from the Crown’s version, or if it calls into question one of the
elements of the offence, then the guilty plea will not be accepted by the court. In this
situation, the Crown would have to call evidence to prove the contested allegations
beyond a reasonable doubt. Upon the hearing of the facts or calling of evidence, it is
then up to the judge to pronounce sentence. The judge may pronounce sentence
immediately after the submissions of Crown and defence, or the judge may reserve
their decision on sentence. Sentencing will be discussed in more detail in Chapter 9.
Special Pleas
Pursuant to section 607(1) of the Code, three special pleas are available to the accused:
autrefois acquit, autr efois convict, and pardon. If the accused enters a special
plea, it is sufcient that they state there has been a lawful acquittal, conviction, or
pardon of the offence charged in the count to which the plea relates and that they
indicate the time and place of that acquittal, conviction, or pardon.
arraignment
formal reading of the charg e
or charges against the
accused, in which the accus ed
is asked to enter a plea
autrefois acquit
a special plea available
to a defendant when they
have previously been tried
and acquitted of the same
offence and therefore
cannot be tried for it again
autrefois convict
a special plea available
to a defendant when they
have previously been tried
and convicted of the sam e
offence and therefore
cannot be tried for it again
pardon
a special plea available
to a defendant when they
have previously been
pardoned for the same
offence and therefore
cannot be tried for it again
150 SUMMARY CONVICTION LAW FOR PARALEGALS
© 2022 Emond Montgomery Publications. All Rights Reserved.
