Toronto Criminal Lawyer

There Is No Single Answer

One of the most common questions people ask after being charged with a criminal offence is how long the process will take. The honest answer is that it depends. Criminal cases in Ontario can be resolved in a matter of weeks or they can take well over a year, depending on the nature of the charges, the complexity of the evidence, the court's schedule, and the strategy pursued by both sides.

Understanding the typical stages of a criminal case and the factors that influence timing can help you set realistic expectations. While the uncertainty is difficult to live with, being informed about the process reduces some of that anxiety.

If you have recently been charged and are wondering what comes next, our guide on what happens after an arrest in Ontario provides a detailed overview of the early stages.

Typical Stages and Their Timelines

A criminal case in Ontario generally moves through several stages, each of which adds time to the overall process:

• First appearance (1-4 weeks after the charge) — The first court date is typically set within a few weeks of being charged. At this stage, the matter is usually adjourned to allow the defence to retain a lawyer, obtain disclosure, and review the evidence. Very little of substance happens at the first appearance.
• Disclosure review (4-12 weeks) — After the first appearance, the Crown is required to provide the defence with all relevant evidence. Obtaining complete disclosure can take several weeks. Once received, the defence lawyer needs time to review the materials thoroughly, which can include police reports, witness statements, forensic evidence, video footage, and more.
• Pre-trial discussions and resolution meetings (2-6 months) — After reviewing disclosure, the defence lawyer will typically engage in discussions with the Crown about potential resolution. This may involve negotiating a plea bargain, requesting a withdrawal, or exploring diversion options. Multiple court appearances may be required during this period.
• Judicial pre-trial (if needed) — In more serious or complex cases, a judicial pre-trial conference may be held. This is a meeting between the judge, Crown, and defence to discuss the issues in the case and explore the possibility of resolution. This can add several weeks to the timeline depending on court availability.
• Trial (6-18 months after the charge) — If the case does not resolve through negotiation, it will proceed to trial. Trial dates are set based on court availability, and in busy jurisdictions like Toronto, there can be a significant wait for a trial date. The trial itself may take anywhere from half a day to several weeks, depending on the complexity of the case.
• Sentencing (if convicted) — If the accused is found guilty or pleads guilty, sentencing may occur immediately or be adjourned for the preparation of a pre-sentence report or other materials. This can add additional weeks or months.

Factors That Affect How Long Your Case Takes

Several factors can either speed up or slow down the progress of your case:

• Seriousness of the charges — More serious charges, such as those involving violence, weapons, or significant quantities of drugs, tend to take longer because the evidence is more complex and the stakes are higher for both sides.
• Volume of disclosure — Cases with large amounts of evidence, such as those involving wiretaps, surveillance, financial records, or digital forensics, take longer to prepare.
• Number of co-accused — Cases involving multiple accused persons are more complex to schedule and resolve.
• Court availability — Toronto courts handle a high volume of cases, and scheduling constraints are a persistent issue. The availability of judges, courtrooms, and court time affects how quickly a case can move forward.
• Defence strategy — If the defence plans to bring a Charter application to exclude evidence, this requires additional preparation time and may necessitate a separate hearing before the trial.
• Crown readiness — Delays in providing disclosure, unavailability of Crown witnesses, and other prosecution-side issues can add time to the process.

The Jordan Framework and Delay

The 2016 decision in R v Jordan fundamentally changed how courts in Canada handle delay. Before this decision, there was no clear standard for when a case had taken too long. The Supreme Court established presumptive ceilings to address what it described as a "culture of complacency" toward delay in the criminal justice system.

Under the Jordan framework, if the total time from the laying of the charge to the anticipated end of the trial exceeds 18 months in provincial court or 30 months in Superior Court, the delay is presumed to be unreasonable. The Crown must then justify the delay by demonstrating that exceptional circumstances, such as particularly complex proceedings or discrete events beyond the Crown's control, caused the excess time.

Defence delay is subtracted from the total. If the defence caused adjournments or delays through its own actions, that time is not counted against the Crown. The framework is designed to hold the justice system accountable while recognizing that some cases legitimately require more time than others.

If you believe your case has been subject to unreasonable delay, speak with your lawyer about whether a Jordan application may be appropriate.

What You Can Do to Keep Things Moving

While much of the timeline is beyond your control, there are steps you can take to avoid adding unnecessary delay to your case:

• Retain a lawyer early — Cases where the accused does not have a lawyer tend to be adjourned repeatedly as the court waits for them to find representation. Retaining a lawyer promptly keeps the case moving.
• Respond to your lawyer's communications — Your lawyer will need information from you throughout the process. Providing requested documents, answering questions, and attending meetings promptly helps avoid unnecessary delays.
• Attend all court dates — Failing to appear causes adjournments and can result in a bench warrant for your arrest. Always attend every scheduled court date, or ensure your lawyer has the authority to appear on your behalf.
• Comply with bail conditions — Breaching conditions can result in new charges and additional court proceedings, further extending the timeline of your case.

Patience and Preparation

The criminal justice process in Ontario takes time, and that time can feel agonizing when you are living under the weight of criminal charges. However, speed is not always in your interest. Your lawyer needs adequate time to review disclosure, identify potential defences, and negotiate with the Crown. Rushing toward a resolution without proper preparation can lead to worse outcomes.

At the same time, unnecessary delay serves no one. A good criminal defence lawyer will move your case forward efficiently while ensuring that nothing is overlooked. If you are facing charges and want to understand the likely timeline for your specific situation, the best step is to speak with a lawyer who can assess your case and give you realistic guidance.

For a broader overview of how the Ontario court system works, the Ontario government's court information page provides useful background on court structure and procedures.