Judge Alone Trial
A judge alone trial — also called a non-jury trial or bench trial — is a criminal trial conducted before a single judge sitting without a jury. The judge serves as both the trier of fact (deciding what happened) and the trier of law (deciding legal issues). Most criminal trials in Ontario are judge alone trials, conducted in either the Ontario Court of Justice or, on election, the Superior Court of Justice.
Mass Tsang's criminal lawyers handle judge alone trials across the GTA in both the Ontario Court of Justice and the Superior Court of Justice.
When judge alone is the default
All summary conviction matters proceed before a judge alone in the Ontario Court of Justice — there is no right to a jury for summary offences. Most indictable matters can also proceed before a judge alone, either at the accused's election (Ontario Court of Justice or Superior Court of Justice) or because the offence is within the absolute jurisdiction of the Provincial Court. Only the most serious indictable offences (murder, treason) require a Superior Court judge and jury — and even then, the accused can sometimes elect judge alone with Crown consent.
Advantages of judge alone
Judge alone trials offer: (1) faster scheduling than jury trials; (2) more flexible procedure, with fewer formalities; (3) greater control over how complex Charter motions or evidentiary issues are addressed; (4) detailed written reasons that explain the court's findings (and are easier to appeal where errors are alleged); and (5) lower cost. For cases turning on technical legal arguments, judge alone trials are often preferable.
Advantages of jury
Jury trials remain preferable in some cases: where the case turns on a sympathetic factual narrative the defence can present; where community values are at issue (some self-defence cases, for example); where credibility issues favour the defence; and where the defence wants the unpredictability of a 12-person jury rather than a known judge's analytical style. The strategic calculus is case-specific.
Procedural differences
Judge alone trials use simpler procedure than jury trials. There is no jury selection, no jury instructions, no need to argue in plain language for lay listeners, and no risk of jury deadlock. Evidentiary rulings are made directly by the judge in real time. Charter motions can be heard alongside trial evidence (with rulings deferred where appropriate). The compressed format often produces faster trials.
Strategic decision
The election of mode of trial — including whether to elect judge alone in a Superior Court matter — is one of the most consequential strategic decisions in any indictable case. The decision depends on the offence, the issues, the local judges and Crowns, and the personality of the accused. Counsel's experience with the local court is often the deciding factor.
Related glossary terms
