First Appearance
on a Criminal Charge

Most criminal charges start in Provincial Court, either in front of a Provincial Court Judge in a courtroom or a Justice of the Peace at the Case Management Office (“CMO”). This is known as the “first appearance”. You should make sure you know the courtroom where your appearance is or if your appearance is at the Case Management Office, ask at the counter. Arrive at least 15 minutes early before the scheduled time. Your matter will be on the court’s list for that day together with other cases.

When appearing in court, make sure you dress and behave in a manner that shows respect for the judge and the court in general. Wear clean clothes, look neat and speak politely. If you do not have a lawyer by the date of your first appearance, ask for a Duty Counsel at the courthouse. The Duty Counsel will provide you with assistance based on your situation. In general, a Duty Counsel cannot represent you at court trial or follow up on your matter after a Court appearance. Other court workers such as the Native Counselling Services are also available to assist you.

When you arrive at the courthouse, do the following:

1. Look at the docket list which shows the cases for that day and the courtroom number. The list is usually posted outside each courtroom or on a digital screen display in the courthouse. Check to see what list has your name, and which courtroom. I you do not see your name, ask a Court Clerk.
2. If you have more than one charge against you, look carefully at your document to see the different courtrooms you must appear in. Different courtrooms hear different matters because one courtroom can hear traffic matters while another courtroom will hear domestic violence matter. You must physically appear for all the matters written on your document.
3. If your first language is not English, you have the right to ask for a translator to help translate your language into English. Talk to a Duty Counsel to help you arrange for a translator quickly before your matter is called out in the courtroom. It is important that you understand exactly what is happening with your matter in the courtroom.
4. If your matter is at the Case Management Office (CMO), then you will appear before someone called a Justice of Peace. They usually sit behind a glass window and will read out the charge or charges against you. When you get to CMO, stand in the line-up, and wait for a Justice of the Peace to call you up to the window. Give them your name, and they will find your file and tell you what your options are for that day. They will also read out your “election”. That is, they will say whether you have chosen to have “trial by jury” or “trail by judge alone”. They can set a trial date for you or adjourn your matter. They can assist you in getting a form you will use to request disclosure from the crown prosecutor.

Note: Justices of Peace do not deal with “guilty pleas”. If you appear at the Case Management Office and wish to plead guilty at your first appearance, your matter will be sent before a judge in a courtroom.

A disclosure package is prepared by the Crown Prosecutor’s office. It contains the potential evidence that could be called at your trial, including the evidence that the Crown can rely on to try to prove its case against you. This would include police notes and reports about your case, any statements provided to police by you and other witnesses, and photographs and video evidence. It is strongly suggested that you ask for, receive, and review all the evidence against you in the disclosure package before you make any decision to plead guilty. It is your right to know what case the Crown Prosecutor has against you.

If your matter is in a courtroom:

1. Arrive early. Then sit and wait for the clerk to call your name.
2. If you do not have a lawyer, you could ask for a Duty Counsel. Those who have lawyers are usually called first followed by names of those without lawyers. The names of those without lawyers are called in an alphabetical order.
3. But sometimes the court clerk will ask if anyone without a lawyer wants to speak to their matter. Raise your hand if you are ready to speak about your matter. When the court clerk calls your name, stand up and walk into the “accused’s box”. Usually a sheriff sits in or near the box as well. When it is your turn to speak, speak up so that the Judge can hear you.
4. If you appear without a lawyer, the Judge may ask if you have one, or if you need time to get one. If at any time in during court session, you feel like you need legal advice, ask the Judge to give you time to speak with a Duty Counsel.

Please note that first court appearance is:

1. To simply adjourn your matter to a future date and time that is acceptable to both you and the Crown Prosecutor.
2. The Judge will not hear the facts of your case during your first appearance (except if you wish to plead guilty). You can “reserve your plea”, that is avoid pleading “guilty” or “not guilty”, and ask the judge for an adjournment to give you time to speak with a lawyer before making any further decisions. The judge will ask you what steps you have taken or are planning to take towards getting the services of a lawyer or any other legal services such as Legal Aid, Student Legal Assistance or Calgary Legal Guidance.
3. You can usually reserve your plea and adjourn your matter more than one time if you need more time in getting a lawyer or legal advice. If you adjourn many times, the judge has the right to request that you move forward with the matter with or without a lawyer representing you. You can get free advice from a Duty Counsel on the day of your first appearance, and they can also speak to the Crown Prosecutor on your behalf during your first appearance.
4. You will not be allowed to explain or tell your side of the story or call any witnesses during the first appearance.
5. If you do not have a lawyer, the court may encourage you to request your disclosure package from the Crown Prosecutor’s office yourself. If you have a lawyer, then your lawyer will request your disclosure for you.

It is important to keep in mind that court appearances held “on the record.” It is strongly encouraged that you do not say anything about the charges against you during your first appearance. This is to help protect your right to defend yourself at trail. During your first appearance, you should only discuss your matter in confidence with a duty counsel or a lawyer whom you are considering hiring.