First: Understand What “Charged” Means
Thunder Bay – LEGAL – There are many people charged with crimes in Ontario. Being charged means police believe there are grounds to lay an offence. It does not mean you are guilty. In Canada, you are presumed innocent unless proven guilty in court.
This article is general information, not legal advice. If you’ve been charged, speak with a lawyer as soon as possible.
Step 1: Get a Lawyer Immediately
If you’ve been arrested or detained, you have the right to retain and instruct counsel without delay under the Canadian Charter of Rights and Freedoms.
In Ontario, options include:
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Apply to Legal Aid Ontario if you may qualify (online/phone options available).
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Ask for duty counsel help at court if you don’t have a lawyer.
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Use the Law Society of Ontario referral service to get a free up-to-30-minute consultation.
Step 2: Don’t Talk About the Allegations Without Legal Advice
A common mistake is trying to “clear things up” with police or discussing the case with others. Even casual comments can be used later. Police when you have been charged are not there to “make it better” they are gathering evidence. Everything you say can and will be used against you.
Shutting up, as hard as it might be to do, as common sense is to explain the situation so it can be resolved right there is not a good plan.
Key point: you have a right to remain silent at the investigative stage.
Practical rule:
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Give your name and required identification details when legally required.
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Do not explain, justify, or argue the facts until you’ve spoken to your lawyer.
Step 3: Read Your Release Paperwork Carefully and Follow Every Condition
If you were released (undertaking, appearance notice, bail/release order), you may have conditions such as:
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no contact with certain people
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stay-away zones/curfews
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alcohol/drug restrictions
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weapons prohibitions
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Internet/device restrictions
Breaching conditions can lead to new charges and can make bail harder later.
Step 4: If You’re Held for Bail, Focus on a Release Plan
Bail (judicial interim release) is governed by Criminal Code s. 515, which sets out how release/detention decisions are made and the “show cause” process.
A realistic release plan often includes:
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a stable address
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a surety/support person (where applicable)
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work/school plan
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treatment/counselling plan (if relevant)
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clear steps to comply with conditions (phone restrictions, transportation, etc.)
Step 5: Track Court Dates and Deadlines Like Your Freedom Depends on It – It Does
Missing court can result in a bench warrant, and additional charges. Put every date into your phone calendar, with reminders, and keep your paperwork in one place.
Step 6: Ask Your Lawyer About Disclosure and Next Steps
In Canada, the Crown generally has a duty to disclose relevant information so the accused can make full answer and defence (often referred to through the Stinchcombe disclosure principle).
Your lawyer will guide you through:
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receiving and reviewing disclosure
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electing mode of trial where applicable
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Charter motions (if relevant)
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resolution discussions vs. setting trial dates
Step 7: Preserve Evidence — Don’t “Fix” Anything
If you have texts, emails, receipts, location data, or witnesses that matter:
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Preserve it.
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Screenshot and back it up (without altering metadata if possible).
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Do not delete accounts or messages.
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Give it to your lawyer, not social media.
If you’re under a non-contact order, do not reach out to the complainant or witnesses, even “to apologize” or “to explain.”
Step 8: Keep Your Case Off Social Media
Posting about the incident, the complainant, the police, or “your side of the story” can create evidence and complicate your defence. If friends are posting, ask them to stop—through someone else if your conditions restrict contact.
It may be a good time to protect your social media account as well, restrict who can see it, and who can download images of you. Putting your account on pause is likely a good idea. Do not delete it however.
Step 9: Stabilize the Things Court Cares About
Courts look closely at public safety, attendance in court, and confidence in the administration of justice—especially at bail and sentencing stages.
If applicable and safe to do so, your lawyer may advise:
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starting counselling/treatment early
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securing employment/education verification
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documenting caregiving responsibilities
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gathering character references (only when your lawyer says it’s appropriate)
Quick Checklist
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✅ Call a lawyer / apply for legal aid
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✅ Say as little as possible about the allegations until you have advice
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✅ Follow every release condition exactly
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✅ Don’t contact complainants/witnesses
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✅ Don’t post about it online
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✅ Keep all paperwork + court dates organized
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✅ Preserve evidence—do not delete or alter
