What happens on the first court date listed in my Appearance Notice or my Bail Recognizance?

Upon being charged and released by police the accused will receive a ‘Promise to Appear’ notice. This creates a legal obligation on the accused to appear at the courthouse on the particular date and time indicated.

On your first appearance in court, you will receive disclosure from the Crown.  'Disclosure' summarizes the investigation that took place with respect to your charge. You will be given the opportunity to review the disclosure prior to making any decision with regards to your case.  It is not advisable to make any decision on your first appearance.

You will also be asked if you intend on retaining a lawyer at this time. Typically your case will be adjourned for a week or two to permit time for such decision making. If you need a longer period of time in which to retain Counsel, you can ask the Court for more time on your second appearance.

How do I know the case made against me?

On the first court appearance you will receive the disclosure of the Crown’s case against you. This is sometimes referred to as the particulars. This is a summary in narrative form along with police notes and any statements of potential witnesses. This disclosure may often include other items of potential evidence such as photographs, breathalyzer Certificates, and fingerprint analysis, for example. Do not assume that this is all of the potential disclosure that exists. Lawyers often seek out further disclosure from the Crown due to the fact that all disclosure is not necessarily prepared in time for a first appearance.