Arraignment
Arraignment is the formal procedural step at which the criminal charge is read aloud to the accused in court and the accused is called upon to enter a plea. In Canada, arraignment is normally a brief and somewhat ceremonial moment that occurs at the start of trial or at a plea hearing — not, as in some U.S. jurisdictions, at the very first court appearance after arrest.
The criminal lawyers at Mass Tsang LLP guide accused persons through every procedural step, including arraignment and plea. For a fuller look at how cases proceed, see our comprehensive guide for the accused.
When arraignment happens
In Ontario practice, first appearances after charge are usually administrative remand dates dealing with disclosure, bail, and counsel matters. Arraignment typically occurs once the accused is ready to plead — either at a scheduled plea or at the opening of trial. The clerk reads the count(s) from the information or indictment, and the accused (or counsel on their behalf) enters a plea of guilty or not guilty.
What a plea involves
A plea of not guilty puts the Crown to its proof and sets the case for trial. A guilty plea is more formal: it must be entered voluntarily, with knowledge of the consequences, and only after the court is satisfied the accused understands the elements of the offence and admits the facts. Plea inquiries under section 606 of the Criminal Code protect against involuntary or uninformed pleas.
Arraignment in jury trials
In a jury trial, arraignment takes on additional formality. The accused is arraigned before the jury panel, the charge is read in full, and the accused's plea is entered in the presence of the jury who will try the case. Special rules apply to multiple counts and joinder.
What arraignment is not
Arraignment is not the bail hearing, the disclosure step, or a pre-trial conference. Those steps happen separately and often well before arraignment. Confusion sometimes arises from U.S. media usage, where "arraignment" can refer to the first appearance after arrest.
Related glossary terms
