The Judge makes initial comments to the jury and explains how the trial will proceed.
The Crown attorney gives an opening statement – an outline of the evidence he or she intends to present.
The defence counsel gives an opening statement – his or her expectation of what the evidence will show.
The Crown calls its witnesses and asks questions. The questions are called the examination-in-chief or direct examination. The Crown is not allowed to put the answer in the question or suggest an answer to a witness. The defence lawyer then conducts the cross-examination. He or she is allowed more flexibility than the Crown and may ask leading questions and make suggestions that aid the witness’ memory. Following this, the Crown may do a re-examination to clarify matters. This procedure is followed with each witness.
The defence counsel then has the opportunity to call witnesses. He or she may or may not call witnesses for the accused. If witnesses are called, the same procedure takes place with the examination-in-chief, cross-examination and re-examination. In this case, the defence would be following the rules of direct examination and the Crown would follow the rules of cross-examination. The accused does not have to testify. In fact, it is fairly rare for the accused to take the witness stand.
After all the evidence has been heard, both the Crown and the defence will address the jury in their closing statements. If the defence chooses to call witnesses, the Crown will address the jury last. If the defence does not call witnesses, the defence will address the jury last. Addressing the jury last is considered to be an advantage.
The Judge will give the charge (instructions) to the jury about how to blend the evidence they have heard and the law that is applicable in the case. The judge gives instructions to the jury about what part of the law to consider in its deliberations. The judge explains the different verdicts the jury may consider, the concept of reasonable doubt and presumption of innocence and what evidence may or may not be considered as a matter of law. The judge may give an opinion on the credibility of any of the witnesses but must make no comment about the possible guilt or innocence of the accused.
The jury will retire to the jury room to begin deliberations and make its decision. They are kept together, without access to their phones, television, newspaper, or outside influence until they have reached a decision.
Once the jury has reached a unanimous decision, the judge is contacted. Court reconvenes with the Crown attorney, the defence counsel, the accused as well as any members of the public who are present. The verdict is read.
If the accused is found guilty, sentencing will take place at a later date. At the time of sentencing, the Victim Impact Statement is read.
Although the process seems to be straightforward, the time frames of cases can be very drawn out.
Mennonite Central Committee Canada. (2011). Getting through the maze: A guidebook for survivors of homicide.