Calgary’s Criminal Justice System A Step-by-Step Guide
                     
Calgary’s Criminal Justice System: A Step-by- 
Step Guide
Contents
Step 1: The Arrest and Charges .............................................................................................................. 3
What to Expect During an Arrest in Calgary ...................................................................................... 3
The Role of the Calgary Police Service (CPS) .................................................................................... 4
Step 2: Bail Hearing................................................................................................................................ 4
What Happens During a Bail Hearing in Calgary Courts .................................................................... 4
Conditions for Release and the Importance of Legal Representation .................................................. 
5
What Happens if Bail is Denied? ........................................................................................................ 6
Step 3: Pre-Trial Procedures ................................................................................................................... 6
The Role of Crown Prosecutors and Defence Lawyers in Calgary...................................................... 7
Disclosure of Evidence and Plea Negotiations .................................................................................... 7
The Importance of Pre-Trial Motions ................................................................................................. 8
Step 4: Trial Process ............................................................................................................................... 9
Overview of Court Proceedings in Calgary......................................................................................... 9
Roles in Calgary’s Trial Process ....................................................................................................... 10
What First-Time Offenders Can Expect During a Trial .................................................................... 11
Step 5: Sentencing ................................................................................................................................ 11
Possible Sentencing Outcomes.......................................................................................................... 11
Alternatives to Traditional Sentencing .............................................................................................. 12
The Role of the Alberta Justice System ............................................................................................ 13
Step 6: Appeals ..................................................................................................................................... 14
How to File an Appeal in Calgary’s Criminal Justice System........................................................... 14
Grounds for Appeal and the Time Frame for Filing .......................................................................... 15
The Role of Appellate Courts in Alberta........................................................................................... 15
Tips for Navigating the Calgary Criminal Justice System..................................................................... 16
1. Hire a Knowledgeable Calgary Criminal Lawyer ......................................................................... 16
2. Understand Your Rights Under Canadian Law ............................................................................. 17
3. Avoid Common Mistakes ............................................................................................................. 17
Contact Details of Calgary Defence Lawyer .......................................................................................... 18
Step 1: The Arrest and Charges
Being arrested and charged with a criminal offence can be a stressful 
and overwhelming experience. Understanding what to expect during this 
process in Calgary can help you navigate the situation more effectively. 
This step provides an overview of the arrest procedure, the role of the 
Calgary Police Service, and your legal rights when facing criminal 
charges.
What to Expect During an Arrest in Calgary
When an individual is arrested in Calgary, it usually occurs when the 
Calgary Police Service (CPS) has reasonable grounds to believe that the 
individual has committed a criminal offence. The arrest process typically 
includes:
 Detainment: The police officer may inform you that you are being 
detained for questioning. During this stage, it is important to 
remain calm and cooperative.
 Formal Arrest: If evidence supports it, the officer will formally 
arrest you. You will be informed of the reason for your arrest, and 
the officer will state the specific charges against you.
 Transportation: Following the arrest, you may be taken to a 
police station for processing, which involves taking your
fingerprints, photographs, and collecting other necessary 
identification details.
The Role of the Calgary Police Service (CPS)
The Calgary Police Service plays a critical role in maintaining public 
safety and enforcing the law in the city. During an arrest, the CPS is 
responsible for:
 Investigating alleged criminal activities.
 Collecting evidence to support or dismiss criminal charges.
 Upholding the rights of individuals under the Canadian Charter 
of Rights and Freedoms.
The CPS operates transparently and is committed to following
Canadian legal standards to ensure justice is served while 
respecting individual rights.
Step 2: Bail Hearing
After an arrest in Calgary, the next critical step in the criminal justice 
process is the bail hearing. This hearing determines whether the accused 
can be released from custody while awaiting trial. Understanding what 
happens during a bail hearing, the conditions for release, and the 
importance of legal representation can help navigate this crucial stage.
Additionally, for those not granted bail, the Calgary Remand Centre 
plays a significant role.
What Happens During a Bail Hearing in Calgary Courts
A bail hearing typically takes place within 24 hours of an arrest or as 
soon as reasonably possible. This process is conducted in a Calgary
court, often presided over by a justice of the peace or a judge. During the 
hearing:
1. Crown Prosecutor’s Argument: The Crown will present reasons 
why the accused should remain in custody, such as public safety 
concerns, risk of flight, or potential interference with witnesses or 
evidence.
2. Defence Argument: The accused’s lawyer will argue for release, 
often presenting a plan to address any concerns raised by the 
Crown. This may include proposing a surety (a person who agrees
to supervise the accused) or specific conditions to be imposed upon 
release.
3. Judge’s Decision: The judge or justice of the peace will decide
whether to grant bail based on the arguments presented and the
Criminal Code of Canada.
Conditions for Release and the Importance of Legal Representation
If bail is granted, the accused must agree to certain conditions. Common 
conditions include:
 Staying within a specific geographic area (such as Calgary or 
Alberta).
 Regularly reporting to a bail supervisor.
 Abstaining from contacting certain individuals, such as witnesses 
or alleged victims.
 Avoiding specific behaviours, such as consuming alcohol or 
drugs.
Failing to comply with bail conditions can result in re-arrest and further 
legal consequences.
Legal Representation is Key
Having an experienced Calgary criminal defence lawyer during the bail 
hearing is essential. A skilled lawyer can:
 Present a strong release plan to address the Crown’s concerns.
 Advocate effectively to reduce the likelihood of strict or 
unreasonable conditions.
 Protect your rights and ensure the process is handled 
fairly.
What Happens if Bail is Denied?
For individuals who are not granted bail, they will remain in custody at 
the Calgary Remand Centre until their trial or further legal 
proceedings. The Calgary Remand Centre is a high-security facility 
where accused individuals are held if deemed a flight risk, a danger to 
the public, or unlikely to adhere to bail conditions.
Staying in custody can make it challenging to prepare a defence, which 
is why legal representation is crucial for securing release whenever 
possible. If bail is denied, your lawyer can explore options for a bail 
review or appeal to seek release under different circumstances.
Step 3: Pre-Trial Procedures
Pre-trial procedures are an essential phase in Calgary’s criminal justice 
system. This step involves crucial interactions between the Crown 
prosecutors and defence lawyers, the disclosure of evidence, potential 
plea negotiations, and pre-trial motions that can significantly impact the 
outcome of a case. Understanding these procedures is vital for anyone 
navigating the system.
The Role of Crown Prosecutors and Defence Lawyers in Calgary
Crown Prosecutors
In Calgary, Crown prosecutors represent the interests of the public and 
the justice system. Their responsibilities include:
 Assessing the strength of the evidence to determine if proceeding 
to trial is justified.
 Ensuring the accused receives a fair trial while protecting the 
public's safety.
 Leading the case against the accused, presenting evidence, and 
calling witnesses during trial.
Defence Lawyers
Defence lawyers play a critical role in protecting the rights of the 
accused. Their duties include:
 Reviewing the evidence provided by the Crown to identify 
inconsistencies or weaknesses.
 Advising the accused on their options, including plea agreements 
and trial strategies.
 Representing the accused in court to ensure their case is presented 
fairly and effectively.
Choosing an experienced Calgary criminal defence lawyer can make a 
significant difference in navigating this phase of the legal process.
Disclosure of Evidence and Plea Negotiations 
Disclosure of Evidence
The Crown's obligation to disclose evidence is a cornerstone of the 
Canadian justice system. This process ensures fairness by providing the 
defence with all relevant information about the case, including:
 Police reports and witness statements.
 Physical evidence, such as forensic analysis or surveillance 
footage.
 Expert opinions or additional materials that the Crown intends to 
rely on during trial.
Reviewing the disclosed evidence allows the defence to assess the 
strength of the Crown's case and prepare a robust defence strategy.
Plea Negotiations
During the pre-trial phase, plea negotiations may occur between the 
Crown and the defence. These discussions can result in:
 Reduced charges or penalties in exchange for a guilty plea.
 A joint recommendation for sentencing that avoids the 
uncertainties of a trial.
While plea agreements can expedite the legal process, they must align 
with the accused's best interests. A defence lawyer’s expertise is 
invaluable in determining whether to accept or reject a proposed 
agreement.
The Importance of Pre-Trial Motions
Pre-trial motions are legal applications made before the trial begins. 
These motions are often used to resolve specific issues or disputes, 
potentially strengthening the accused's defence. Common pre-trial 
motions include:
 Challenging the admissibility of evidence: For example, 
excluding evidence obtained through unlawful search or seizure.
 Requesting a change of venue: If there are concerns about 
impartiality in Calgary due to extensive local media coverage.
 Seeking disclosure of additional evidence: To ensure the defence 
has access to all relevant materials.
A skilled defence lawyer will strategically use pre-trial motions to 
address procedural issues, improve the accused's position, and 
potentially reduce the scope of the trial.
Step 4: Trial Process
The trial is the pivotal stage of Calgary’s criminal justice system, where 
the facts of the case are examined, and the accused's guilt or innocence 
is determined. Understanding the structure of court proceedings, the 
roles of key participants, and what first-time offenders can expect helps 
demystify this critical process.
Overview of Court Proceedings in Calgary
In Calgary, criminal trials are held in either the Provincial Court of 
Alberta or the Court of King’s Bench of Alberta (formerly the Court 
of Queen’s Bench). The court selected depends on the severity of the 
charges:
 Provincial Court: Handles less serious offences, such as theft or 
impaired driving, and initial hearings for more serious offences.
 Court of King’s Bench: Deals with serious indictable offences, 
such as murder or large-scale fraud. This court may also involve 
jury trials.
During a trial, the process typically follows these steps:
1. Opening Statements: The Crown prosecutor presents an outline 
of the case, followed by the defence lawyer if they choose to do so.
2. Presentation of Evidence: The Crown presents its evidence, 
including witness testimonies and exhibits. The defence then has
the opportunity to cross-examine witnesses and present its own 
evidence.
3. Closing Arguments: Both parties summarize their case, 
highlighting key points for the judge or jury to consider.
4. Deliberation and Verdict: In a jury trial, the jury deliberates and 
delivers a verdict. In a non-jury trial, the judge alone decides the
outcome.
Roles in Calgary’s Trial Process 
Judge
The judge oversees the trial, ensuring that proceedings follow Canadian 
law and that both parties are treated fairly. The judge may also 
determine the verdict in non-jury trials and is responsible for sentencing
if the accused is found guilty.
Jury (If Applicable)
For more serious offences tried in the Court of King’s Bench, the 
accused may opt for a jury trial. In this case:
 The jury consists of 12 impartial individuals selected through a 
rigorous vetting process.
 Their role is to evaluate evidence and deliver a unanimous verdict 
of guilty or not guilty.
Crown Prosecutor
The Crown prosecutor represents the state and must prove the accused’s 
guilt beyond a reasonable doubt. Their duties include presenting 
evidence, questioning witnesses, and making arguments that support the 
charges.
Defence Lawyer
The defence lawyer advocates for the accused, challenging the Crown’s 
evidence and presenting alternative explanations or mitigating factors. 
Their goal is to establish reasonable doubt about the accused’s guilt.
What First-Time Offenders Can Expect During a Trial
For first-time offenders in Calgary, the trial process can be daunting. 
Key considerations include:
 Initial Appearances: First-time offenders may be unfamiliar with 
courtroom etiquette. Defence lawyers often guide their clients 
through each step to reduce anxiety.
 Leniency Considerations: Courts may consider the accused’s 
clean record when determining sentencing, should they be found
guilty. First-time offenders may be eligible for diversion programs 
or alternative sentencing options.
 Support Systems: First-time offenders are encouraged to seek 
support from legal counsel and community resources, such as the 
Calgary John Howard Society, which provides assistance to 
individuals navigating the justice system.
Step 5: Sentencing
Sentencing marks the final stage of Calgary’s criminal justice process 
for those found guilty of a criminal offence. This phase determines the 
legal consequences an offender will face, ranging from fines to 
imprisonment. It also offers alternatives like diversion programs and 
conditional sentences in specific circumstances. Here, we explore the 
possible sentencing outcomes, alternatives available in Calgary, and the 
role of the Alberta Justice system in determining sentences.
Possible Sentencing Outcomes
Depending on the severity of the offence, the accused's criminal history, 
and mitigating or aggravating factors, sentencing outcomes in Calgary 
can include:
1. Fines
o Fines are financial penalties imposed for less severe offences, 
such as traffic violations or minor property damage.
o The amount is typically specified under the Criminal Code
of Canada or local statutes.
2. Probation
o Probation allows offenders to remain in the community under 
court-imposed conditions, such as regular check-ins with a 
probation officer, avoiding certain individuals, or attending 
counselling.
o Breaching probation conditions can result in additional 
charges or harsher penalties.
3. Imprisonment
o For serious crimes, offenders may face incarceration in 
provincial facilities (sentences of less than two years) or 
federal penitentiaries (sentences of two years or more).
o Sentences can range from a few months to life imprisonment, 
depending on the gravity of the offence.
Alternatives to Traditional Sentencing
In Calgary, alternatives to traditional sentencing may be available for 
eligible offenders. These alternatives aim to rehabilitate rather than 
punish and reduce the likelihood of reoffending.
4. Diversion Programs
o Diversion programs, such as the Alternative Measures 
Program (AMP), are designed for first-time or low-risk 
offenders.
o Participants agree to specific conditions, like community 
service or restitution, in exchange for having their charges 
withdrawn or reduced.
5. Conditional Sentences
o A conditional sentence allows an offender to serve their 
sentence in the community under strict conditions, such as 
house arrest.
o This option is only available for offences that do not 
involve
mandatory minimum sentences and where the judge believes 
the community would not be at risk.
3. Restorative Justice
o Restorative justice programs focus on repairing harm caused 
to victims and the community.
o These programs involve mediated discussions between the 
offender and affected parties to promote understanding and 
accountability.
The Role of the Alberta Justice System
The Alberta Justice system plays a pivotal role in determining sentences, 
guided by principles outlined in the Criminal Code of Canada. These 
principles include:
 Proportionality: Sentences must reflect the severity of the offence 
and the degree of responsibility of the offender.
 Rehabilitation: Encouraging offenders to reintegrate into society 
and avoid future criminal behaviour.
 Deterrence: Sentences aim to discourage both the offender and the 
public from committing similar offences.
 Public Safety: Ensuring that the sentence protects the community 
from harm.
Judges in Calgary consider recommendations from Crown prosecutors, 
defence lawyers, and pre-sentence reports when making their decisions. 
The sentencing process ensures a fair balance between accountability 
and the opportunity for rehabilitation.
Step 6: Appeals
The appeals process is a vital component of Calgary’s criminal justice 
system, offering individuals an opportunity to challenge a court’s 
decision if they believe an error occurred during their trial or sentencing. 
Understanding how to file an appeal, the grounds for appeal, and the role 
of appellate courts in Alberta ensures that defendants are equipped to 
pursue justice effectively.
How to File an Appeal in Calgary’s Criminal Justice System
Filing an appeal in Calgary begins with submitting the appropriate 
paperwork to the Alberta Court of Appeal. The process involves:
1. Notice of Appeal
o The appellant (the individual filing the appeal) must 
complete a Notice of Appeal, which outlines the decision 
they are challenging and the grounds for the appeal.
o This notice must be filed with the court and served on the 
Crown prosecutor.
2. Preparing the Appeal Record
o The appeal record includes court transcripts, exhibits, and 
other relevant documents from the trial.
o These materials help the appellate court review the case 
thoroughly.
3. Written Submissions
o Both the appellant and the Crown prosecutor submit written 
arguments, detailing their positions on the case.
4. Oral Hearing (if required)
o In some cases, the appellate court may schedule an oral 
hearing, where lawyers present their arguments before the 
judges.
Navigating the appeals process is complex, and seeking guidance from a 
skilled Calgary criminal defence lawyer is crucial to ensuring all 
procedures are followed correctly.
Grounds for Appeal and the Time Frame for Filing 
Grounds for Appeal
An appeal cannot be filed simply because a defendant is unhappy with 
the outcome of their case. Valid grounds for appeal include:
 Errors in Law: Mistakes made by the judge in interpreting or 
applying the law.
 Procedural Errors: Issues such as improperly admitted evidence 
or biased jury selection.
 Unreasonable Verdict: When the verdict is not supported by the 
evidence presented at trial.
 Harsh or Unjust Sentencing: Sentences that are deemed 
excessive or inconsistent with legal standards.
Time Frame for Filing
The Criminal Code of Canada requires that appeals be filed within 30 
days of the sentencing or verdict. Missing this deadline may result in 
losing the right to appeal, although extensions can be granted in 
exceptional circumstances.
The Role of Appellate Courts in Alberta
In Alberta, the Court of Appeal of Alberta is responsible for hearing 
appeals from decisions made in Provincial Court or the Court of King’s 
Bench. The appellate court’s role includes:
 Reviewing the trial court’s decision to ensure it was made in 
accordance with Canadian law.
 Assessing whether any errors significantly affected the outcome of 
the trial or sentencing.
 Deciding whether to uphold, overturn, or modify the original 
decision.
Potential Outcomes of an Appeal
 Dismissal of Appeal: The appellate court agrees with the trial 
court’s decision, and the original verdict or sentence stands.
 Modification of Sentence: The appellate court may reduce or 
increase the sentence based on its findings.
 Order a New Trial: If significant errors are found, the appellate 
court can order a new trial to ensure a fair process.
Tips for Navigating the Calgary Criminal Justice System
Navigating Calgary’s criminal justice system can be complex and 
overwhelming, especially for those unfamiliar with its procedures. 
Whether you are facing charges or supporting someone who is, these 
tips will help ensure your rights are protected and improve your chances 
of achieving the best possible outcome.
1. Hire a Knowledgeable Calgary Criminal Lawyer
The importance of legal representation cannot be overstated when 
dealing with criminal charges. A knowledgeable Calgary criminal 
lawyer can provide:
 Expert Guidance: Lawyers understand Alberta’s legal system, 
including local court procedures and the nuances of Canadian law.
 Strategic Defence: An experienced lawyer can analyze the
evidence, identify weaknesses in the prosecution’s case, and 
develop a robust defence strategy tailored to your situation.
 Negotiation Skills: Defence lawyers can negotiate with Crown 
prosecutors for reduced charges, alternative sentencing, or 
favourable plea agreements.
Self-representation can be risky, as it requires a deep understanding of 
legal procedures and the ability to argue effectively in court. Hiring an 
experienced Calgary lawyer significantly increases the likelihood of a 
positive outcome.
2. Understand Your Rights Under Canadian Law
The Canadian Charter of Rights and Freedoms provides fundamental 
protections for all individuals involved in the justice system. Key rights 
to understand include:
 The Right to Remain Silent: You are not obligated to answer 
questions from police officers beyond providing basic 
identification. Anything you say can be used as evidence against 
you.
 The Right to Legal Counsel: You have the right to consult with a 
lawyer immediately after your arrest. If you cannot afford one, 
Legal Aid Alberta may be able to assist.
 Protection Against Unlawful Search and Seizure: Police must 
have a warrant or reasonable grounds to search your person, home, 
or property.
Knowing your rights empowers you to respond appropriately during 
interactions with law enforcement and the court system.
3. Avoid Common Mistakes
Navigating Calgary’s criminal justice system requires careful attention 
to detail. Avoid these common mistakes to protect your case:
 Self-Representation: Representing yourself in court is rarely 
advisable. Criminal law is complex, and the stakes are high. A
lawyer’s expertise can make the difference between a conviction 
and an acquittal.
 Missing Court Dates: Failing to appear for scheduled court 
appearances can result in additional charges or an arrest warrant. 
Keep track of all court dates and ensure you arrive on time.
 Discussing Your Case Publicly: Avoid discussing your case with 
anyone other than your lawyer. Public statements, including social 
media posts, can be used against you in court.
 Ignoring Bail Conditions: Violating bail conditions can lead to 
your bail being revoked and additional charges. Always adhere to 
the terms set by the court.
Contact Details of Calgary Defence Lawyer
Akram Law - 918A 5 Ave SW Suite 1, Calgary, AB T2P 0N7 
Phone Number: 403-774–9529
https://akramlaw.com/contact-us/
[email protected]
Business Hours:
Monday-Thursday: 9 AM-5 PM 
Friday: 9 AM-12 PM
Saturday: 10 AM-1 PM