The Most Common Question After Being Charged
After someone is charged with a criminal offence in British Columbia, one of the first things they ask is: what actually happens when I go to court? The uncertainty is understandable. For most people, a criminal court appearance is something they have only seen on television — and what they have seen bears little resemblance to what actually happens in a BC courtroom.
This guide explains exactly what a first court appearance involves, what the different stages of a criminal case look like, and what you need to know before you walk through those courthouse doors. The goal is simple: the less surprised you are, the better positioned you will be.
"A first court appearance is not a trial. Nothing is decided about guilt or innocence. It is an administrative step — but the decisions made at this stage can shape the entire trajectory of a case."
What a First Appearance Actually Is
The most important thing to understand about a first court appearance is what it is not. It is not a trial. You will not be asked to present your side of the story. The judge will not decide whether you are guilty. No witnesses will testify. In most cases, the entire appearance lasts only a few minutes.
A first appearance — sometimes called a first appearance remand date — is an administrative court date. Its purposes are:
- The court confirms your identity and that you are aware of the charges against you
- The court confirms whether you have retained a lawyer or are seeking legal aid
- The Crown and defence confirm whether disclosure has been provided or requested
- The case is adjourned to a future date to allow time for disclosure review and instructions
- Any urgent bail issues or condition variations may be addressed
That is it. The case does not resolve at a first appearance. No plea is entered in most cases. The purpose is simply to get the case on a schedule and ensure the accused has access to legal counsel.
Where Does It Happen?
Most first appearances in the Lower Mainland take place in BC Provincial Court — either at the Vancouver Law Courts on Hornby Street, the North Shore Courthouse in North Vancouver, the Surrey Provincial Court, or another provincial courthouse depending on where the alleged offence occurred.
Provincial Court is where the vast majority of criminal cases begin, and where many are resolved. Some more serious matters will eventually be transferred to BC Supreme Court, but that happens later in the process — not at the first appearance.
What Does the Courtroom Look Like?
A provincial courtroom is smaller and less formal than what most people imagine. The judge — called a justice of the peace or provincial court judge depending on the proceeding — sits at an elevated bench at the front. The Crown prosecutor sits at one counsel table and the defence lawyer at another. There is a prisoner's dock where the accused may sit or stand. There is a public gallery where family members may observe.
Remand court — where first appearances typically happen — is a busy, fast-moving courtroom. Many cases are called on the same morning. Cases are dealt with quickly, often in a matter of minutes each. Do not be alarmed by the pace — your lawyer will know exactly when your case is called and what needs to be said.
What You Need to Do Before You Go
Preparation before your first appearance makes a significant difference. Here is what to do:
- Retain a lawyer as soon as possible. Ideally this happens before the first appearance, not on the day of. A lawyer who has had time to review your situation can speak meaningfully to the court and take steps that an unprepared appearance cannot.
- Know your court date, time, and location. These are on your release documents — your undertaking or recognizance. Read them carefully. Confirm the courthouse address and allow extra time to find parking and get through security.
- Dress appropriately. Business casual at minimum. No hats, no logos, no casual sportswear. How you present yourself in court matters — it signals respect for the process and makes a better impression on everyone in the room.
- Arrive early. Aim to be at the courthouse at least 30 minutes before your scheduled time. Courts have security screening and the building can be larger and more confusing than expected.
- Bring your identification and release documents. Have your ID and any bail documents with you.
- Do not discuss your case with anyone in the courthouse. Conversations in hallways are not private.
The Stages of a Criminal Case in BC
The first appearance is just the beginning. Understanding the full arc of a criminal case helps put each court date in context. While every case is different, most criminal matters in BC follow a similar path:
What Is Disclosure and Why Does It Matter?
Disclosure is the package of evidence the Crown is legally obligated to provide to the defence. The right to full disclosure was established by the Supreme Court of Canada in R v Stinchcombe and is a cornerstone of the right to make full answer and defence.
Disclosure typically includes:
- Police reports and officer notes from the investigation
- Witness statements taken by police
- Video footage — surveillance cameras, body cameras, dashcams
- Photographs from the scene or of any physical evidence
- Forensic and laboratory results
- Criminal records of witnesses
- 911 calls and dispatch records
- Any material in the Crown's possession that may assist the defence
You are entitled to receive disclosure before being required to make any decisions about your case — including whether to plead guilty. A lawyer who tells you to plead guilty before reviewing full disclosure is not giving you proper advice. Never make a major decision about your case before disclosure has been obtained and reviewed.
Do not plead guilty at your first appearance. At a first appearance, you have not yet seen the evidence against you. You do not know what the Crown can and cannot prove. You have not had the benefit of legal advice based on a full review of the file. Pleading guilty before disclosure is reviewed is one of the most damaging mistakes an accused person can make.
What Is Election and When Does It Happen?
For certain categories of offences — called hybrid offences or indictable offences — the accused person has the right to choose their mode of trial. This is called making an election. The three options are:
- Provincial Court judge alone — tried in BC Provincial Court without a jury. Faster, less formal, but the judge has less legal flexibility in sentencing.
- BC Supreme Court judge alone — tried in BC Supreme Court without a jury. More formal, slower, but access to broader legal arguments and pre-trial motions.
- BC Supreme Court judge and jury — tried before a jury of 12 members of the public who decide guilt or innocence. The most serious and lengthy option, but sometimes strategically appropriate.
The election is not made at the first appearance. It happens later, after disclosure has been reviewed and the defence has formed a clear picture of the case. The choice of election is one of the most significant strategic decisions in a criminal case and should only be made after careful discussion with experienced counsel.
Do You Need a Lawyer at Your First Appearance?
Yes — and ideally one who has been involved in your case before that date, not one you meet for the first time in the courthouse hallway that morning.
Here is what a lawyer can do at a first appearance that you cannot do effectively on your own:
- Speaks on your behalf so you do not have to say anything that could be misunderstood
- Requests disclosure formally on the record and sets a timeline for its production
- Addresses any bail condition issues — variations or technical breaches that need to be resolved
- Negotiates a reasonable adjournment date that gives adequate time for disclosure review
- Ensures no decisions are made prematurely that could prejudice your case
- Begins gathering information from you about potential defences and witnesses
If you cannot afford a private lawyer, you may be eligible for Legal Aid BC. Apply as early as possible — Legal Aid applications take time and you want representation in place well before your court date.
What to Expect in the Courtroom
When your case is called, your lawyer will rise and address the judge. You will typically stand in the prisoner's dock or beside your lawyer at the defence table. The exchange will be brief — the lawyer will confirm your name, advise the court that they are retained, request disclosure if it has not been provided, and ask for an adjournment to a future date. The Crown will indicate their position. The judge will set the next date and the matter will be adjourned.
You will generally not be asked to speak. If the judge does address you directly, answer briefly and respectfully. Address the judge as "Your Honour." Do not volunteer information. Let your lawyer guide you.
"The courtroom rewards preparation and composure. Knowing what to expect, dressing appropriately, and letting your lawyer do the talking are three of the most important things an accused person can do on their first court date."
How Long Will the Process Take?
This is one of the most common questions clients ask, and the honest answer is that it varies significantly depending on the nature and complexity of the charges. As a general guide:
- Simple summary conviction matters — may resolve in 3–6 months from first appearance
- Mid-range indictable offences — typically 12–18 months from charge to trial
- Serious indictable offences — may take 2–3 years or longer, particularly if complex pre-trial applications are involved
- Cases resolved by guilty plea — can conclude faster, sometimes within a few court appearances once disclosure is reviewed
The Jordan decision from the Supreme Court of Canada sets presumptive ceilings on the time from charge to trial — 18 months for Provincial Court matters and 30 months for Supreme Court matters. Cases that exceed these ceilings without adequate justification may be stayed for unreasonable delay. This is a live issue in many BC criminal cases and something Chantal monitors carefully in every file.
If you have been charged with a criminal offence and have an upcoming first appearance, contact CFP Law for a free consultation. Chantal is available 24 hours a day at 604-785-5505 and can meet with you before your court date to ensure you are fully prepared. Reach out here — day or night.