Section 10(b) of the Canadian Charter of Rights and Freedoms provides everyone arrested or charged with a criminal offence the right to legal presentation. Despite this, a small percentage of alleged offenders decide to represent themselves through their criminal court proceedings. In some cases, a defendant is willing to plead guilty and trust in the court’s leniency. In others, in which a defendant plans to plead “not guilty” and prove their innocence in court, they might reject legal representation due to financial constraints, trust in their own legal acumen, or distrust in the legal profession.
Whatever the case, the criminal defence lawyers of the Greater Toronto Area’s Mass Tsang strongly encourage anyone planning to defend themselves against criminal charges to avail themselves of any legal assistance they can, even if they are not willing to hire a criminal lawyer . “If nothing else, a criminal defendant should take advantage of the services offered by Ontario’s Legal Aid ,” says Mass Tsang managing partner Jeff Mass . “Legal Aid provides defendants with a free duty counsel lawyer who can help them navigate the legalities of their first court appearance and may give longer-term representation if financially eligible.
Mass Tsang’s co-managing partner, Robbie Tsang , adds, “Some people who watch too many TV and movie courtroom dramas think they have the chops to be a DIY defence lawyer. More often than not, this results in a disastrous outcome that could have been avoided with experienced legal representation.” Robbie also notes that criminal defence expertise and representation become increasingly essential based on the severity of the charges. “The cost of a criminal lawyer is invaluable when measured against the potential life-disrupting impacts of years in prison, not to mention a criminal record.”
That said, if you’re bound and determined to prove your innocence in criminal court by taking on the role of a DIY lawyer, you should know how to plead “not guilty,” one of the first steps you’ll take in trying to prove your innocence. Please note that the following information represents guidance on courtroom procedure and should not be construed as legal advice.
Before you even get the opportunity to plead not guilty to your criminal charges, you may face a bail hearing to determine whether you should remain incarcerated while awaiting trial or whether you can be released under certain conditions. The legal complexities of Ontario’s judicial interim release process will undoubtedly test your DIY lawyering skills. However, you should know that failing to gain pretrial release will significantly limit your ability to strategize a criminal defence in support of your planned “not guilty” plea. Gathering evidence, interviewing witnesses, analyzing the alleged crime scene, and conducting other criminal defence strategies are difficult when you’re behind bars, to say the least. If released, onerous bail conditions can also impede a defendant’s ability to work effectively on their defence.
Therefore, anyone facing pretrial incarceration should avail themselves of the services of an experienced bail hearing lawyer . A skilled bail hearing lawyer can often secure a defendant’s pretrial release under the most favourable conditions possible.
Your first court appearance before the Ontario Court of Justice is a procedural hearing typically designed to confirm your identity, review the charges, inform the court about your legal representation (or desire to self-defend), consider scheduling issues, and receive disclosure from the Crown. The Crown’s disclosure is crucial for your defence, as it includes evidence like police reports, witness statements, and other materials they plan to use in their prosecution. If the Crown fails to provide you with all disclosure materials during the first appearance, you should request them again by directly contacting the Crown’s office and, if necessary, during your next court appearance.
While you may be asked if you are ready to enter a plea during this first appearance, your need to review disclosure materials provides reasonable grounds to seek adjournment until the next hearing. Once you have the disclosure materials in hand, you should carefully review them to assess the strength of the Crown’s case and evaluate what evidence you might be able to present in rebuttal and other defensive strategies.
At this juncture, you might want to reevaluate your decision to serve as your own lawyer. If you plead “not guilty,” the Crown must prove the charges “beyond a reasonable doubt” legal threshold. Your denial of the act isn’t really at issue at trial; instead, it’s the validity and strength of the Crown’s evidence and the legal basis of the charges. Ask yourself: Can you successfully challenge the Crown’s evidence or basis for the charges?
Your next hearing will typically represent the arraignment, during which the court clerk or a justice of the peace will publicly announce the charges and ask how you plead. Your options are “not guilty” or “guilty,” which you should answer with a clear voice. If you refuse to plead, give an indirect answer, or decide you might need to consult with a defence lawyer after all, the court will enter a “not guilty” plea on your behalf.
Following your plea, the court will set a trial date or, for the most serious offences, schedule a preliminary inquiry to determine if there is enough evidence for trial. At this juncture, your DIY lawyering will need to go into high gear, and you should thoroughly familiarize yourself with case law and Ontario criminal court procedure . Going forward, some other actions you may need to take include:
The steps to pleading “not guilty” in the Ontario Superior Court of Justice are similar to those for the Ontario Court of Justice. However, you’ll undoubtedly face indictable criminal charges that carry severe penalties upon conviction. Self-representation in the superior court is far more challenging than in the lower court due to the higher complexity of legal procedures, evidence rules, and trial process. As such, we strongly encourage anyone facing indictable charges in Ontario’s Superior Court to secure the services of the best legal defence possible.
With over 30 years of combined experience, our criminal defence lawyers have successfully defended 1,000s of Greater Toronto Area clients against criminal charges adjudicated by both courts. To ensure the best possible outcome in your criminal case, don’t take chances by trying to defend yourself alone — contact us for a free initial consultation .
