Pre-trial Conference
A pre-trial conference is a meeting — sometimes formal, sometimes informal — between Crown counsel, defence counsel, and (typically) a judge or judicial officer before trial. The purpose is to narrow the issues, identify Charter and evidentiary motions, estimate trial length, and explore resolution. Pre-trial conferences are governed by section 625.1 of the Criminal Code and by local court rules in Ontario.
Mass Tsang's criminal lawyers treat pre-trials as a key opportunity to narrow the case in the defence's favour. For more, see our comprehensive guide for the accused.
Types of pre-trials
Pre-trials in Ontario take several forms: Crown pre-trial — an informal meeting between Crown and defence counsel to discuss disclosure, election, position, and resolution prospects; judicial pre-trial — a more formal meeting with a judge, addressing the same issues with added authority and judicial input; and pre-trial application conferences — pre-hearings for substantive motions, such as Charter applications. The progression often runs Crown pre-trial → judicial pre-trial → trial.
What gets addressed
Common pre-trial topics: outstanding disclosure issues; the Crown's position on election; the defence's position on election; identification of Charter motions and the time needed for them; trial-length estimation; witness availability and scheduling; admissions of facts; agreed evidence; resolution prospects (without commitment); and judge availability and scheduling. The pre-trial is also the venue where counsel get a read on the judge's likely approach to key issues.
Resolution
Resolution is often a central topic. A judicial pre-trial can give counsel the benefit of judicial input on likely sentence ranges and the strength of the case. While the pre-trial judge typically will not preside at trial (and any indications are not binding), the input shapes resolution discussions. Many cases that look set for trial resolve at or shortly after the pre-trial when judicial expectations become clearer.
Defence preparation
An effective pre-trial requires careful preparation by the defence: full disclosure review; identification of all available Charter motions; a clear case theory; realistic assessment of the strength of the Crown's case; and a sense of what resolution outcomes would be acceptable. Counsel who arrive at pre-trial without that preparation lose the chance to shape the case.
Trial readiness
By the end of the pre-trial process, both sides should be ready to confirm trial scheduling. Once a trial date is set, time is counted against the Jordan delay ceiling — though defence delay continues to be deducted. Effective pre-trial work positions the case for the strongest possible trial posture.
Related glossary terms
