What happens at a judicial pre-trial in an Ontario criminal case?

A judicial pre-trial (JPT) is a meeting between a judge, the Crown and your lawyer, or you if you have no lawyer. The judge helps narrow the issues, discusses whether the case can be resolved, and estimates how much court time a trial would need. It is not a trial: no witnesses testify, and it usually comes before a trial date is set.

Most clients have never heard of this step, but it is often where a criminal defence case in Ontario turns: toward a resolution, or toward a trial with a clear plan.

How does a judicial pre-trial work, step by step?

1. Disclosure arrives and is reviewed. The JPT is only useful once the file is substantially in. Our page on disclosure in an Ontario criminal case explains that stage.
2. A Crown pre-trial comes first. Your lawyer and the Crown discuss the case, the Crown's position on resolution and sentence, and whether it will go to trial. The court says a Crown pre-trial may be held in person, by telephone or by email, and the rules' commentary says it should happen before the judicial one.
3. The JPT is booked. Under the court's Jordan practice direction, a JPT should be scheduled within four months of the charge being sworn if one will be needed, and must be scheduled if substantial disclosure has not arrived by then. A self-represented person can ask the Crown, the court in case management, or the courthouse to help schedule one.
4. Materials go to the judge. At least three days before the JPT, the prosecutor gives the pre-trial judge a synopsis of the allegations, and the defence gives any additional material at least three days ahead if possible (r. 4.2(4) and (5)).
5. The meeting. The judge, the Crown and your lawyer go through the issues in rule 4.2(3). The court's best practices notice says each JPT should be scheduled for at least 20 minutes.
6. Directions and next steps. The judge may confirm time estimates, set deadlines and hearing dates, or set another pre-trial (r. 4.2(7)). Unless the case resolves, a date is usually set for a guilty plea, a preliminary inquiry or a trial.

When is a JPT held?

Not every case has one. The Ontario Court of Justice's Judicial Criminal Pre-trial Best Practices notice (last updated March 17, 2025) says these cases should be scheduled for a JPT:

• counsel matters with a time estimate of three days or more, including pre-trial applications;
• any sexual offence;
• any matter set for trial or preliminary inquiry where no lawyer or licensed agent is on record;
• when the Crown or defence asks for one after a Crown pre-trial, for resolution or to estimate the case; and
• when the court directs one.

For a self-represented person, the court's guide says a JPT may be required before a trial can be scheduled. In sexual offence cases, our page on sexual assault charges in Ontario explains the wider process.

Who attends, and how?

The Ontario Court of Justice describes the JPT as a meeting involving a judge, the Crown Attorney and your lawyer if you have one; if you do not have a lawyer, you attend. Its best practices notice adds that only the Crown and licensed defence representatives, or the unrepresented accused, should attend, that others may attend only with the pre-trial judge's approval, and that those attending must have authority to make binding decisions about the case.

Under the court's practice direction on modes of appearance, JPTs are held by video unless a judicial officer directs otherwise, and self-represented people without the technology get an in-person JPT. The court's guide notes that a judge may still require a self-represented person to attend in person. The Criminal Rules of the Ontario Court of Justice also allow a JPT by telephone or other technology if the pre-trial judge agrees (r. 4.2(6)). Where a JPT is held in a building, the notice says it should be in a designated room that is not a courtroom, or another place that provides privacy and promotes open discussion.

What is discussed?

Rule 4.2(3) of the Criminal Rules says the parties must come with authority to make decisions on these topics:

The court's guide adds an example: if you plan to argue that your Charter rights were breached, say so at the JPT so enough trial time is booked. The best practices notice says pre-trial judges should give the parties clear guidance about the strengths and weaknesses of each side's case and the steps needed for trial, and keep a meaningful record of the discussion so the parties stay accountable for what they decided.

Is it different in the Superior Court in Toronto?

Yes. Serious cases, and cases where the accused elects a Superior Court trial, have their own JPT in that court. In Toronto, the Superior Court's Criminal Trial Office at 361 University Avenue schedules them, and the Toronto practice direction sets a different routine.

Our page on criminal cases at 361 University Avenue explains how a case gets to that court and what happens there.

What can happen at the end?

Two broad things. The case may resolve: according to the court, a JPT can lead to a withdrawal, diversion or a guilty plea. Or it moves forward, and the court usually sets a date for a plea, a preliminary inquiry or a trial. The pre-trial judge can also confirm or change time estimates, set deadlines for applications or for the rest of the disclosure, set hearing dates for applications, and set another pre-trial if needed (r. 4.2(7)). Any agreements or admissions can be recorded and attached to the court file for the trial judge (r. 4.2(8)). The best practices notice adds that the pre-trial judge should order a follow-up step, such as a confirmation hearing, a second JPT or a certificate of readiness, no later than 10 weeks before the trial date.

Deadlines that follow matter. In the Ontario Court of Justice, pre-trial applications must be heard at least 60 days before trial unless the court orders otherwise (r. 2.4(1)). If your case has an election, the JPT is a natural point to discuss it: see judge alone or jury, and the preliminary inquiry. For what each possible ending leaves behind, read what each criminal case outcome means in Ontario.

What changes the answer?

• The court. The Ontario Court of Justice follows its Criminal Rule 4.2 and best practices notice; the Superior Court in Toronto follows its own practice direction and Form 17.
• The charge and the trial length. Any sexual offence, and counsel matters estimated at three days or more, should get a JPT (best practices notice, part 3).
• Whether you have a lawyer. A represented accused is spoken for by counsel; an unrepresented accused attends, and the rules' commentary says a pre-trial on the record is particularly helpful for them (r. 4.2, commentary).
• Outstanding disclosure. If substantial disclosure has not arrived within four months of the charge being sworn, a JPT must be scheduled (Jordan-compliant trial scheduling practice direction).
• A plea agreement. A court may accept a guilty plea only if the accused understands, among other things, that the court is not bound by any agreement between the accused and the prosecutor (Criminal Code s. 606(1.1)).
• Immigration status. A sentencing judge may take immigration consequences into account, as long as the sentence stays proportionate (R. v. Pham, 2013 SCC 15).

What if you speak Farsi, or are not a citizen?

With a lawyer, you will not usually attend the JPT itself, since the court's notice limits attendance to the lawyers or an unrepresented accused, so the conversation that matters is the one before it. Your instructions, your account of the facts, and your view on any offer should be clear to your lawyer, and a lawyer who works in Farsi can take them in your own language and report back the same way. Read our guide for Persian-speaking people charged in the GTA for how that works.

If you are self-represented and will attend the JPT, raise any language need early. Ontario says it provides court interpretation in any language required in criminal matters, and the Charter protects the right of a party who does not understand the language of the proceedings to an interpreter (s. 14).

Any resolution discussed at a JPT should be weighed for immigration consequences before you accept it. For a permanent resident, a conviction for an offence with a maximum of at least 10 years, or one where a prison term of more than six months is imposed, can lead to inadmissibility (IRPA s. 36(1)(a)). Read how a criminal charge can affect permanent resident status. We advise on the criminal side; immigration advice comes from an immigration lawyer.

For example: a JPT in a theft case at 10 Armoury Street

This is a hypothetical, not a real client or a result. Suppose a permanent resident who prefers Farsi is charged with theft from his employer in Toronto. He has a lawyer, and his case is in the Ontario Court of Justice at 10 Armoury Street. Disclosure includes many pages of financial records, and the defence expects a trial of more than three days.

Before the JPT, his lawyer goes through the records with him in Farsi, and holds a Crown pre-trial. At the JPT, held by video, the judge hears from both sides, gives guidance on the strengths and weaknesses of each, and the parties agree on a time estimate and on facts that do not need to be proven. The judge sets deadlines for a Charter application.

Afterward, his lawyer reports back in Farsi on what the Crown proposed and what the judge said. Because he is a permanent resident, the lawyer and an immigration lawyer look at what each option would mean for his status before he decides between a resolution and the trial date.

What mistakes do people make around a JPT?

1. Going in before disclosure is reviewed. The parties must have authority to decide on disclosure, applications and resolution (r. 4.2(3)). That is hard to do on a half-read file.
2. Skipping the Crown pre-trial. The rules' commentary says the Crown pre-trial should come first, to focus agreements and the issues.
3. Raising a Charter issue late. The court's guide says to raise it at the JPT so enough trial time is booked; pre-trial applications must be heard at least 60 days before trial (r. 2.4(1)).
4. Treating an offer as a guaranteed sentence. The court is not bound by any agreement between the accused and the prosecutor (s. 606(1.1)).
5. Discussing the facts without advice. If you are self-represented, be careful about what you say about the allegations.
6. Leaving immigration until after a plea. Consequences should be considered before a resolution is accepted.

What can you do this week?

1. Ask your lawyer for the JPT date, the mode (video or in person) and whether you need to be available.
2. Read the disclosure with your lawyer and list anything missing or wrong.
3. Tell your lawyer about any Charter concern, such as how you were questioned or searched.
4. Gather anything that may matter to resolution or sentence, such as proof of work, studies or family responsibilities.
5. Tell your lawyer your immigration status and any travel plans.
6. If you have no lawyer, contact the Crown's office or the courthouse to schedule the JPT, and say if you need an interpreter.

Frequently asked questions

Can my family come to the JPT?

Usually not. The best practices notice says only the Crown and defence representatives, or the unrepresented accused, should attend, and others only with the pre-trial judge's approval.

Is anything I say at a JPT used at trial?

The rules allow agreements or admissions made at the pre-trial to be recorded and attached to the court file for the trial judge (r. 4.2(8)). That is one reason a represented accused lets the lawyer speak.

How long does a JPT take?

The best practices notice says each JPT should be scheduled for at least 20 minutes. Complex cases may need more time, or a further pre-trial (r. 4.2(7)(d)).

Do I need to attend if my lawyer goes?

The court describes the JPT as a meeting of the judge, the Crown and your lawyer, and says you attend if you do not have a lawyer. Read whether you have to attend court in person or your lawyer can appear for the rest of your dates.

Can a JPT lead to diversion?

It can. The court lists withdrawal, diversion and a guilty plea among the possible outcomes. Our page on whether diversion is possible in Toronto explains who qualifies.

Getting help

Gambriani Law PC represents clients at Crown and judicial pre-trials in Toronto and across the GTA, in English and Farsi. No lawyer can promise what a pre-trial will produce, but preparing for it carefully gives you the clearest view of your options. The office is at Suite 1901, 5000 Yonge Street in North York, open Monday to Friday, 9:00 a.m. to 5:00 p.m., at +1 647 970 3370. Our page on the Toronto courthouse at 10 Armoury Street covers where most Toronto cases are heard.

This page is general information about Ontario criminal procedure, not legal advice about your case.