How Long Do Trials Typically Take?

Thanks so much for joining me today, I want to talk to you about how long a typical trial takes in our Canadian criminal justice system. I’m going to use different examples. I’m going to talk about some more minor charges and then we’ll get into a few serious charges such as sexual assault. So let’s take a minor domestic assault, criminal harassment mischief type trial. Now, typically, in my experience, most of those cases take on average, in court time in terms of having a trial where everyone testifies and the client might testify. And, you know, they regularly as the evidence and the Crown Attorney and defence lawyer make their final submissions. Typically, you’re looking at a one to two day trial one to two days, often one day, sometimes two. It’s rare in those type of cases to be extended to three and four days. I’ve seen it happen, when there’s more witnesses, but that’s the typical length of time. Now let’s take an impaired driving trial or DUI trial is the colloquial term by the way, that’s an American term but we all seem to use that in Canada for whatever reason, so I like to call it DUI is probably not the right term to but we’ll call it that so called an impaired driving actually.  How long do those cases take? Well, that’s a really loaded question, but I can tell you, the average impaired driving trial would probably take one day. There are many situations so you know, when they say average, there’s many situations where a trial, DUI trial, impaired driving trial work standard to a full two days. Have I seen it extend longer? Yes, there can be very complex DUI trials involving extensive legal issues and Charter applications and all sorts of issues which can take five I’ve even seen a set take some days but the average one, will say one and a half days, sometimes two and I’d say our firm probably finishes oh,  60% I’d say of our impaired driving trials in one day. Most of the rest in two days and sometimes extensive three days. Now let’s take a sexual assault matter. No, this is more complicated charge involving lots of cross examination, lots of evidence, lots of legal issues. Those days, those cases usually take longer. Especially if there’s pre trial applications. Those are I’ll call it part of the trial but these applications take place before the trial. Defense counsel and the Crown are arguing evidence should go into presenting written arguments. Those pre trial applications can take one to three days in and of themselves. Once the trial starts.  Well, judging alone versus jury let’s talk judged alone. Often we can finish in two days, I’d say typically, the average is three for us on Judge alone trial. I’ve seen trials to take as long as five or six on occasion. So that’s kind of a rule of thumb. So, call it call it two to three days on average for a judge alone trial. Jury trials are more complex in the sense that it takes a lot more time. There’s a lot of explaining to be done to the jury by the judge and things just move along a lot slower. I would say the jury trials I’ve done over the years for sexual assault. God, it’s been rare that I finished in four days. I mean, I bet you the average that I’ve done over the years is both five days. I’ve had some cases last seven or eight if there’s lots of witnesses, but so those are kind of a rough rule of thumb. You’ve got the idea Most trials are going to finish or if you take the range of minor charges up to serious sexual assault, one to maximum eight days. Of course, when you’re into other charges of the Criminal Code, like murder cases can go on forever. I mean, the some as you know, sometimes they take two, three months, but even then those cases usually don’t take as long. So it really, it really boils down to the number of witnesses and complexity of a particular charge or how long it takes. I’ll give you one more example. I’ve done a lot of firefight situations over the years where there’s aggravated assault or someone’s very serious injury like a brain injury. And sometimes like you’re calling 20 witnesses. I did involve in cases there that have taken three to four weeks, but that’s unusual. So there you have it. I’m just trying to give you an idea if you’re charged with a particular offence, how long you can expect your trial might take but the real answer boils down to what’s in the evidence which in the disclosure your particular case, how many witnesses are how complex legal issues are. And if I saw your case, if I reviewed your disclosure, I’d be able to narrow it down to reading within a day or two how long your case would take.