Disclosure of evidence, testimony and trial

Once charges have been laid, the criminal and penal prosecuting attorney (the prosecutor) must disclose to the accused’s lawyer the evidence against the accused, including

• written statements;
• videotaped statements;
• photographs;
• audio recording, etc.

The prosecutor sends the evidence directly to the accused if the accused is self‑representing in court.

The prosecutor (also known as a Crown prosecutor or Crown attorney) is a lawyer working for the Director of Criminal and Penal Prosecutions (Directeur des poursuites criminelles et pénales, or DPCP).

This step is called disclosure. Measures may be in effect to limit the release of certain parts of the evidence, to protect your privacy.

If the case goes to trial, the evidence will be filed in court to allow the judge to view it. The evidence will then become public, unless the judge decides otherwise.

If you want to view the evidence, you should file a request with the prosecutor.

If you are called on to testify at a preliminary hearing, trial, or sentencing hearing for the accused, the prosecutor will meet with you before the date of the court hearing to help you prepare.

The prosecutor also organizes a specific preparatory meeting with victims of sexual violence, victims of domestic violence and victims under the age of 18 before they testify. 

See the page Preparing to testify and testifying in court if you are the victim for more information about

• the topics covered in the meeting;
• testifying in court.

A criminal trial takes place if the accused pleads not guilty to the charges laid.

Criminal trials are held in public, except in special circumstances.

There are 2 parties in each trial:

• the prosecution, represented by the prosecutor acting on behalf of the Québec state;
• the defence, represented by the accused’s lawyer, or by the accused if the accused is self‑representing.

The trial is a hearing during which the prosecutor must persuade the judge of the accused’s guilt, beyond a reasonable doubt.

To achieve this, the prosecutor must prove that the accused committed the offence, for example

• by presenting material or documentary evidence;
• by having witnesses testify in court, including you (the victim) if necessary, as well as expert witnesses (such as a psychiatrist) if relevant.

There is a trial unless the accused pleads guilty to the charges laid before the trial.

In some circumstances, the accused may negotiate an agreement (known as a plea bargain) with the prosecutor before pleading guilty.

In this case, there will be no trial and the judge will impose a penalty (the sentence).

To determine the sentence, the judge takes various elements into account such as the impact of the crime on the victim.

The defence and the prosecution may each suggest a sentence to the judge. The judge may accept either proposal, but is not required to do so if it is contrary to the public interest.