Navigating Your First Court Appearance for Stunt Driving or Racing Charges in Ontario

As per thew new MOMS (Moving Ontarian’s More Safely) Act, you’ve just finished your 14-day roadside impoundment and your 30-day license suspension after being charged with Stunt Driving or Racing in Ontario under section 172(1) of the Highway Traffic Act.  You have a court date between 2-4 months in the future.  So what now?  Let’s take a closer look…

Your first court date is called a “First Appearance”. This is the first time you will appear before the court for your Stunt Driving or Racing charge.

When you were charged with Stunt Driving or Racing in Ontario, the police officer gave you a summons with your court details for your first appearance. The details will include the date, time and the court where you need to appear.

Here is a list of most of the Ontario Provincial courts which handle Stunt Driving or Racing charges.

Barrie, Belleville, Bracebridge – Muskoka, Brampton, Brockville – Leeds & Grenville, Caledon East, Cayuga – Haldimand,Chatham – Kent, Cobourg – Northumberland, Cochrane, Cornwall – Stormont, Dundas & Glengarry, Durham, Dryden, Elliot Lake, Espanola, Fort Frances, Goderich – Huron, Gore Bay, Guelph, Haileybury – Temiskaming Shores, Halton Region (Burlington – Halton Hills – Milton – Oakville), Hamilton, Kenora, Kingston, Kitchener – Cambridge – Waterloo Region, Lindsay – Kawartha Lakes, London, Mississauga, Napanee – Lennox & Addington, Newmarket – York Region, North Bay, Orangeville, Orillia, Ottawa, Owen Sound / Walkerton – Grey Bruce, Parry Sound, Pembroke – Renfrew, Perth, Peterborough, Picton – Prince Edward County, Richmond Hill, Sarnia, Sault Ste. Marie, Simcoe – Norfolk, St. Catharines – Niagara Region, Stratford – Perth, Sudbury, Thunder Bay, Timmins, Toronto East, Toronto South, Toronto West, Welland – Niagara Region, Windsor, Woodstock – Oxford.

You can find a complete address list of Provincial Offences courts here

What is going to happen at my First Appearance in court?

Here’s what’s going to happen at court appearance for your Stunt Driving or Racing charge.

Meet the Prosecutor and get your evidence – You are going to meet with the Prosecutor. And, that Prosecutor is going to give you the evidence, which will be put into your Disclosure.

Your meeting with the Prosecutor may be very brief because you are simply checking in to let the court know that you are there. In some cases, there may be time to speak with the Prosecutor about your case. Whether there is time (or not) to speak about your case is the decision of the Prosecutor.

After meeting with the Prosecutor, you have 3 options to consider for the next steps.

• Option #1 – You can enter a guilty plea. The case will end that day. Most of the time, the penalties (e.g. fines, demerit points, driving suspension, etc.), will start that day.
• Option #2 – Set a trial date. You can fight the Stunt Driving or Racing charge and set a trial date.
• Option #3 – Get a delay (usually 3 to 6 weeks) to get legal advice.

There is NO downside to ask for this delay. It’s important to understand the charge you are facing, the evidence the court has against you and the penalties that you face. Take the time to make an informed decision.

Lastly, a new court date will be set. Assuming you did not enter a guilty plea, you will appear before the Justice of the Peace and a new court date will be set.

• That new court date will either be to give you the time to get legal advice. Or, you will have set a trial date.
• In either case, it’s important to get the proper legal advice to make an informed decision.

What is the difference between disclosure and evidence?

Practically, they are the same thing.

Evidence are the facts upon which the prosecution will use to try to prove the Stunt Driving or Racing charges against you.

Disclosure is the “package” of evidence that will be given to you at your first appearance.

Disclosure typically includes a synopsis of the police summary of the case against you, the police officer’s notes, witness statements and a screening form (which an offer for resolution).

Why is disclosure so important in my Stunt Driving or Racing case?

• Because the penalties for Stunt Driving or Racing are so serious (read above), our legal system is designed to give you everything you need to defend yourself properly.
• The only way to properly defend yourself is to get all the evidence that the province has against you.
• Once you get that evidence, you can see the strengths and weaknesses of the case against you. You can then make an informed decision on how you want to proceed with your case. And, if you decide to fight the charges, you can then put together a proper strategy to fight the charge (because you have all the evidence).
• The only way to guarantee that you get your evidence is to force you to go to court, i.e. to force you to go to your first appearance.

Why is there a delay after getting charged with Stunt Driving or Racing and my first court date?

• First appearances are usually scheduled for 4 to 6 weeks after the police charge you. This time delay allows the police to properly gather all the evidence that has to be included in your disclosure.

Can I get all the evidence against me?

Yes.

You legally have the right to get all the evidence that the court has against you.

Getting all your evidence is NOT a choice of the prosecutor or the court. The court must give you all the evidence. If you do not get all the evidence, it may be possible to get the charges against you withdrawn.

Will all the evidence be ready at my first appearance?

Maybe.

Occasionally, the evidence against you may not be ready by the time you arrive at your first appearance.

In this case the court will set another court date to give the court and the prosecutor more time to get the evidence.

However, if after a few court dates you still don’t have your disclosure, the Justice of the Peace may dismiss the charges against you.

When I get my disclosure, is that all the evidence?

Not necessarily. And this is a very important point to know.

Even when you get your disclosure, that does not mean that you have all the evidence against you. In fact, your disclosure package may be missing some key evidence.

If you suspect there is missing evidence, you can ask the court and the prosecutor, for that additional evidence.

Getting ALL your evidence is critical for you to be able to make an informed decision on how you want to proceed with your case.

Will the Police Officer that charged me be at my First Appearance in court?

No.

The Police Officer is not required to be at your First Appearance. If your case goes to trial, then yes, the Police Officer that charged you will be called upon to give the evidence that he or she has against you.

Is this First Appearance my trial date?

No. Your “First Appearance” is not a trial. It’s the first time you appear before the court for your Stunt Driving or Racing charge.

If you decide to go to trial, then your trial date will be set at some point in the future. That date may be days, weeks, or many months in the future. But your trial will NOT happen on your first appearance.

Do I have to attend my First Appearance?

If you have hired a lawyer, then no. You do not need to attend your First Appearance because your lawyer will attend on your behalf.

If you have not hired a lawyer, then yes. You will need to attend your First Appearance.

Can I have someone who is not a licensed lawyer attend on my behalf?

Maybe. For the first appearance, you may be able to have someone attend on your behalf. However, you should give that person written permission that they are allowed to attend on your behalf and include the reason why you are not able to attend.