Court Etiquette and Procedures

When you arrive at the courthouse:

• Before you enter any courtroom, you may be searched. There may be metal detectors and court security at the entrances. Court security officers may ask to search your belongings, including briefcases, backpacks, and purses. Make sure you do not have any knives or sharp objects. These items may be taken away, and you may not be allowed into the courthouse.
• When you arrive at the courthouse, check the daily hearing list for the courtroom number and time. If you cannot find what you are looking for on the list, ask a member of the court staff and they will direct you to someone who can look it up for you.
• Do not take photographs anywhere in the courthouse unless a judge has given you permission to do so.
• Make sure to be on time. If you are late, you may be asked to wait outside of the courtroom until there is a break in the proceedings.

Inside the courtroom - Do's and Don’ts:

• Anyone can usually join court proceedings. If the judge has ordered that proceedings be held in private, a sign will be posted on the door. If you see a sign on the courtroom door saying that the proceeding is not open to the public, DO NOT enter the courtroom.
• Turn off your cellphone before entering the courtroom. You are not allowed to use electronic devices (e.g. cellphones, cameras, recording devices etc.) in courtrooms unless the judge allows you to. If you require these as a memory aid/accessibility device let your lawyer know.
• If you do not have a lawyer, you will have a duty counsel who can make requests on your behalf. You can also call the court clerk if any accommodations are needed.
• Do not eat or drink in the courtrooms. Do not chew gum during court. (If chewing gum helps with anxiety or is needed for a medical reason, speak with your lawyer/duty counsel about this. The lawyer/duty counsel will then speak to a judge on your behalf.)
• Smoking is not allowed.
• Dress appropriately and conservatively. This means, wearing your best clothes (clean, no rips or tears no offensive language or logos).
• Do not wear hats or headwear except for religious reasons. Do not wear sunglasses in the courtroom unless it is for a medical reason. (If sunglasses, hats or noise cancelling head phones are required let your lawyer/duty counsel know and they should advise the court in advance. This should be done before the judge gets in the room.)
• If you require a mobility device, the court should be advised about this in advance by your lawyer/duty counsel so that an accessible and appropriate room can be provided.
• When the courtroom is open, find a seat in the gallery. Standing is not allowed in courtrooms.
• When the judge enters the courtroom, everyone in the room must rise to show respect. If your standing tolerance is limited due to balance, mobility or chronic pain, this should be told to your lawyer/duty counsel prior to the commencement.
• Remain standing until the registrar invites you to be seated.
• Remain silent throughout the proceedings. If you need to speak to someone, step outside the courtroom. If self-talk is part of your challenges or how you manage your challenges, let your lawyer know.
• Stand up whenever you speak to the judge or the judge speaks to you.
• If you are addressing a judge or master of the Superior Court of Justice, you should call him or her “Your Honour”.
• Each court has a morning, lunch, and an afternoon break. The timing of these breaks changes and it is up to the judge to decide when these breaks happen.
• Court staff are responsible for maintaining security in the courtroom. Follow any direction that they give you. If you do not follow their direction, you may be asked to leave the courtroom.

You might be asked about things that you do not remember or about things that did not happen. If you do not remember, say "I do not remember." Do not guess. If you know something never happened, say so. If you forget the order in which things happened, it is okay. The most important thing is to tell the truth.

If you begin to feel overwhelmed and require a break, let your lawyer know. It is easy to get mixed up or to mix up people who are listening to you if you are asked too many questions at a time. You ask your lawyer that you get asked questions only ione at a time.

The Role of the Judge

It is the judge's job to listen carefully to everything that everyone says in court. The judge decides whether a law has been broken. The judge sits at the front of the courtroom. The judge listens to all the witnesses and makes a decision about the situation. Each story the witness tells the judge is like one piece of a puzzle, and at the end the judge must put all the puzzles pieces together. Then the judge makes the final decision if the accused is found guilty or not guilty.

The Role of the Crown Attorney/Prosecutor

The Crown Attorney is the person who prosecutes the accused. You may hear the Crown Attorney call the defence lawyer "my friend" when they talk in court. This does not mean that they are friends like you and your friends are, it is just what they call each other to show respect.

The Role of the Defense Lawyer

The defence lawyer's job is to help the accused. If you have been charged with a crime, you will be defended by a defense lawyer.

The Role of a Court Clerk

The clerk of the court's job is to help the judge. When the judge comes in, the clerk says, "All rise." That means everybody must stand up. The clerk reads out the charge at the beginning of the trial to let everyone know which laws the accused has been charged with breaking. The clerk may ask you if you promise to tell the truth. If you agree to tell the truth, say "I do.”

The Role of the Court Reporter

The court reporter's job is to record what everyone says in the courtroom.

● The judge sits at the very front and centre of the courtroom.
● The witness sits in a box on the judge's left-hand side.
● The court clerk and court reporter sit in front of the judge at the front of the courtroom.
● If there is a jury, the jury members sit in a box on the side of the courtroom.
● The Crown Attorney and police officer sit at a desk in the middle of the courtroom,
facing the judge.
● The defence attorney sits at a desk on the left-hand side of the Crown Attorney, also facing the judge.
● People watching in court sit at the back of the courtroom, facing the judge.
● The court security officer sits behind the defence lawyer and Crown Attorney, right in front of the people watching in court.

Role of Witnesses

People who were present during the crime will be asked to tell what they saw/heard. If you do not understand what people are asking, say "I don't understand." If they repeat it and you still do not know what they mean, ask them to say it in a different way or an easier way.

Role of the Jury

Sometimes a jury decides whether the accused is guilty of breaking the law instead of the judge. A jury is a total group of 12 people who listen to all the witnesses and decide together whether the accused person is guilty or not guilty.