What to Expect at Your First Court Appearance in Ontario

The courtroom has its own rules of etiquette that are not obvious if you have never been there before. Here is what you need to know before your first appearance.

Criminal defence lawyers appear in Toronto courts so often that courtroom etiquette has become second nature. But if you are appearing in court for the first time, the process can feel intimidating. Behaviour that passes as polite in ordinary life is sometimes considered inappropriate in the courtroom.

Think of the courtroom as a formal environment with its own set of rules, similar to a church, temple, or mosque. The following guide covers the basics so your first court date is less stressful.

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Show Up and Arrive on Time

When you are arrested, the police will give you a promise to appear notice. That document lists the courthouse, courtroom, date, and time of your first expected court appearance. It is essential that you attend.

Judges prefer to avoid unnecessary delay and look favourably on defendants who show initiative in moving their matter forward. If neither you nor your lawyer shows up, the judge will issue a warrant for your arrest on a charge of failure to appear in court. You will likely be arrested.

The time on your promise to appear is when the court opens to hear your matter along with everyone else scheduled during the same block. When you arrive, there will be a list outside the courtroom door called a docket. The docket lists everyone who has been told to appear in that courtroom at that time. The Crown Attorney will read names off the docket one by one. There is no way to know when your name will be called, so arrive on time but be prepared to wait.

Find a Lawyer Before Your First Appearance

The first step in proceeding with your matter is to retain counsel, which is the formal way of saying hire a lawyer. This is the single most important thing you can do as a defendant.

Courts look favourably on individuals who show initiative. The best way to demonstrate that from the start is to have a lawyer by your first or second appearance. If you delay too long in retaining counsel, it may prejudice your case later.

Where to Sit in the Courtroom

Every courtroom has benches at the back for public seating. There is also seating at the front reserved for lawyers and officers of the court, usually separated by a short wooden barrier or divider. Sit in the public benches and do not enter the front area until your name is called.

If the public benches are full, wait just outside the courtroom doors. You will be paged over the intercom or called in by an officer when it is your turn. But if there is room inside, sit inside. The court will assume that anyone not in the courtroom has chosen not to appear. The clerk may not go out of their way to find you, and if you miss your name being called, a warrant could be issued for your arrest.

How to Behave While You Wait

Stay as quiet as possible while waiting for your name. Pay attention so you do not miss your appearance.

When the judge or justice of the peace enters or exits, the clerk will say “everybody please rise.” Stand up until the clerk tells everyone to be seated.

Turn off your cell phone completely. Do not just switch it to silent. Many courtrooms have recording devices that can be disrupted by cell phone signals. If your phone rings, it is disrespectful to the court. In some cases, a justice of the peace may have a court officer confiscate a phone that causes a distraction.

When Your Name Is Called

When your name is called, walk to the front and address the court. Be polite and do not argue with the judge or justice of the peace. This is not the time to challenge the accusation or explain your defence.

If you are appearing for the first time and do not yet have a lawyer, you will want to ask the court to adjourn or remand the matter to a future date. This gives you time to retain counsel. Aim for a date about a month out.

If the court asks you anything you do not understand, ask to speak with duty counsel. Duty counsel is a legal aid lawyer available to assist people who do not have representation. Most Toronto courthouses have a duty counsel office, and most courtrooms have a duty counsel lawyer present. You can ask the court to hold the matter down while you speak with duty counsel. The court will continue calling other names, and when you return, they will recall your name to finish addressing your matter.

How to Address the Judge

The proceeding will be presided over by either a judge or a justice of the peace. Look at the sash they are wearing. If it is red, you are appearing before a judge and should address them as “Your Honour.” If it is green, you are appearing before a justice of the peace and should address them as “Your Worship.”

On a first appearance at a Toronto courthouse, you will most likely appear before a justice of the peace.

What to Wear to Court

The courthouse dress code is somewhat formal. Wear something you would feel comfortable wearing to a job interview, an office job, or a religious service.

People do attend remand court in jeans and it is generally acceptable, though dress pants or a skirt is preferable. For your actual trial, aim to wear a suit or something equally formal.

The goal is to look respectable, both so you are taken seriously and to show respect to the court. Avoid short skirts, low-cut tops, spaghetti straps, bare midriffs, overly baggy jeans, hooded sweatshirts, and tank tops. Do not wear a baseball cap or any other hat unless it is worn for religious purposes.

You will always be appropriate in a suit, dress pants with a dress shirt, a conservative dress, khakis with a polo shirt, or a long skirt with a shirt that has sleeves. The court system in Toronto is conservative. You may see people dressed all sorts of ways, but you will make the best impression if you dress appropriately.

Have Questions Before Your Court Date?

Appearing in court for the first time raises a lot of questions. What to say, how to act, and what happens next are all things a criminal defence lawyer can walk you through in advance. Contact Pyzer Criminal Lawyers for a free consultation.