Under Canadian law, criminal cases in the Markham area must conclude within strict timelines. A case tried in the Ontario Court of Justice must finish within 18 months, while a case in the Superior Court of Justice has a limit of 30 months from the date of the charge.
When you are charged with an offence by York Regional Police, one of your immediate concerns is likely how long the legal process will drag on. Living with the stress of pending criminal charges can severely impact your employment, family life, and mental health. While television shows often depict criminal trials resolving in a matter of days, the reality of the Ontario justice system requires patience.
Because Markham does not have its own criminal courthouse, residents will have their cases heard at the courthouse located in Newmarket. Navigating the journey from your first appearance to a final verdict involves multiple procedural steps. This guide outlines the typical timeline, costs as of May 2026, and how a criminal defence lawyer can protect your right to a trial within a reasonable time.
Step-by-Step Process in the Markham Area
Whether you are facing a summary conviction for a minor offence or a serious indictable offence, the procedure follows the federal Criminal Code of Canada. Having a local law firm that routinely appears at the Newmarket courthouse can help streamline these mandatory steps.
Step 1: First Appearance and Disclosure
Your first court date is not your trial; it is simply an administrative appearance to ensure you have received your “disclosure.” Disclosure is the evidence the Crown has against you, such as police notes, video footage, and witness statements. 🗃 It can often take weeks or even months to receive a complete disclosure package from the police.
Step 2: Crown Pre-Trial and Judicial Pre-Trial
Once your lawyer has reviewed the evidence, they will hold a Crown Pre-Trial (CPT) meeting with the prosecutor to discuss the strengths and weaknesses of the case. If the matter cannot be resolved or withdrawn, a Judicial Pre-Trial (JPT) is scheduled. A JPT involves a judge who listens to both sides and helps determine how much time is needed to set a trial date.
Step 3: Setting a Trial Date or Resolving
After the pre-trial phase, you must make a choice: plead guilty to a negotiated resolution or set a date for trial. Trial dates in Ontario are often scheduled six to twelve months in the future, depending on the availability of judges and the estimated length of your trial.
How Much Does it Cost in Markham?
Defending against criminal charges involves a significant financial commitment. Unlike civil personal injury cases, criminal defence lawyers in Canada are legally prohibited from working on a contingency fee (percentage of winnings) basis.
- Initial Retainer: To officially hire a private defence lawyer, you usually pay a retainer fee ranging from $2,000 to $10,000 CAD upfront.
- Summary Conviction Defence: A relatively straightforward trial for a minor offence may cost between $3,500 and $7,500 CAD in total.
- Indictable Offence Defence: Serious charges, such as aggravated assault or major fraud, demand extensive preparation. These cases can cost anywhere from $10,000 to over $50,000 CAD.
- Daily Trial Fees: Most senior lawyers charge daily appearance rates for trial, which can range from $1,500 to $4,000 CAD per day.
| Type of Charge | Common Example | Estimated Legal Fees (CAD) |
| Summary Conviction | Shoplifting under $5,000 | $3,500 – $7,500 |
| Hybrid / Indictable | Impaired Driving / Assault | $7,000 – $15,000+ |
How Long Does the Process Take?
In 2016, the Supreme Court of Canada established strict limits to prevent unreasonable delays, known as the Jordan framework. For cases proceeding without a preliminary inquiry in the Ontario Court of Justice, the absolute ceiling is 18 months. ⌛ If your case goes to the Superior Court of Justice (often after a preliminary inquiry), the limit is 30 months.
If the Crown and the court cause delays that push your case past these limits, your lawyer can file an application under Section 11(b) of the Charter of Rights and Freedoms. If successful, the judge will order a “stay of proceedings,” meaning your charges are permanently dismissed.
Frequently Asked Questions (FAQ)
Do I have to attend every single court date?
Generally, no. If you have hired a defence lawyer and signed a “Designation of Counsel” form, your lawyer can attend routine, administrative court appearances in Newmarket on your behalf, saving you from missing work.
Can the charges be dropped before trial?
Yes. During the Crown Pre-Trial phase, your lawyer may point out fatal flaws in the police evidence, or negotiate alternative measures (like community service or a peace bond) that lead the Crown to withdraw the charges.
What if the delay is my fault?
The 18-month and 30-month limits only apply to institutional or Crown delays. If you fire your lawyer, miss court dates, or request an adjournment for personal reasons, that time is subtracted from the total calculation.
What happens if I cannot afford a lawyer?
If you have low income and are facing jail time, you may qualify for Legal Aid Ontario. This program provides you with a certificate that covers the cost of hiring a private lawyer who accepts Legal Aid cases.
Leave a Reply