Closing Submissions in a Criminal Trial in Canada

A plain-language explanation of final arguments, the burden of proof and what happens before a verdict.

Closing submissions in a criminal trial in Canada take place after the evidence has been presented. They allow the Crown and defence to explain how the admitted evidence and governing law should be applied. They are not new evidence and do not determine the verdict. The judge or jury must decide the case from the trial evidence and applicable law.

What this issue means

Closing submissions are sometimes called closing arguments, final submissions, summations or addresses to the jury. They ordinarily occur after the Crown and defence have finished calling evidence, if any, and before the court decides the case.

During closing submissions, counsel may:

• Review evidence that was admitted at trial.
• Identify evidence they say is important to particular issues.
• Discuss the legal elements of the offence.
• Address credibility and reliability using the trial record.
• Explain how the burden and standard of proof apply.
• Ask the judge or jury to reach a particular verdict.

Closing submissions are advocacy. Each side presents its interpretation of the case, but neither lawyer's argument is evidence. A lawyer cannot use a closing submission to introduce a new fact that was never placed in evidence.

An allegation is a claim that something occurred. A charge is a formal accusation. Neither is a finding of guilt. At a criminal trial, the Crown must prove every essential element of the offence beyond a reasonable doubt. The accused is presumed innocent and generally does not have to prove that the allegation is false.

What may happen next

The procedure following closing submissions depends on whether the trial is heard by a judge alone or by a judge and jury.

Judge-alone trials

In a judge-alone trial, the judge hears the evidence, considers the parties' submissions, applies the law and delivers the verdict. The judge may give a decision immediately or reserve the decision and deliver it later. Section 645(4) of the Criminal Code permits a judge in a non-jury trial to reserve a final decision on a question or matter raised at trial.

The parties may make their submissions orally, in writing or through a combination directed or permitted by the judge. Local court practices and the complexity of the case can affect the format and timing.

Jury trials

In a jury trial, counsel address the jury after the evidence is complete. The trial judge then instructs the jury on the law. Jurors must follow the judge's legal instructions and decide the facts from the evidence admitted at trial.

Section 651 of the Criminal Code addresses the order of closing addresses in jury trials. Where no witnesses are examined for an accused, the accused or defence counsel is entitled to address the jury last. Where defence witnesses are called, the Crown is ordinarily entitled to address the jury last. Special rules apply when several accused are tried together.

After the judge's instructions, the jury retires to deliberate. A closing argument is not a verdict, and the order of the speeches does not change the Crown's burden of proof.

Closing submissions criminal trial Canada: what the court hears

A closing submission normally connects three things: the issues the court must decide, the evidence relevant to those issues and the legal rules governing the decision.

The Crown's closing submission

The Crown may argue that the admitted evidence proves each essential element of the charged offence beyond a reasonable doubt. Crown counsel may review testimony, exhibits and reasonable inferences said to arise from the evidence.

Crown counsel is not simply a private advocate seeking a conviction. Canadian courts have repeatedly described the Crown's role as a public responsibility that must be performed fairly. The Crown must not misstate the evidence, invite reasoning prohibited by law or use inflammatory language that risks diverting the decision-maker from the evidence.

The defence closing submission

The defence may argue that the Crown has not proven one or more essential elements beyond a reasonable doubt. It may identify gaps, inconsistencies, alternative inferences or problems affecting the credibility or reliability of evidence.

The defence does not have to establish innocence. A defence closing may focus on reasonable doubt without offering a complete alternative account of what happened. Where a particular defence carries a distinct legal test, counsel may address how that test applies to the admitted evidence.

The Supreme Court of Canada explained in R. v. Rose that the accused's jury address is an important opportunity to answer the Crown's evidence and theory through argument and persuasion.

The judge's role

The judge controls the trial and may set reasonable limits on submissions. The judge may ask questions or request clarification.

In a jury trial, the judge explains the governing law and reminds jurors that counsel's submissions are not evidence. The judge may correct a lawyer's inaccurate statement of the law or an improper characterization of the evidence. Jurors decide the facts, but they must accept the judge's instructions about the law.

Important educational considerations

Submissions must remain within the trial record

Closing submissions must be based on evidence admitted at trial and reasonable inferences from that evidence. Counsel may argue about the significance of the evidence, but may not give personal testimony, rely on undisclosed information or ask the court to decide the case on sympathy, prejudice or speculation.

Credibility and reliability are different concepts

Credibility generally concerns whether testimony is believed. Reliability concerns whether testimony is accurate. A witness may be sincere but mistaken. Closing submissions may address both questions, but conclusions must remain grounded in the evidence and the legal instructions.

The accused's silence is not proof of guilt

An accused person has the right not to testify. The Crown cannot treat the accused's decision not to testify as evidence of guilt. The defence may still make closing submissions about whether the Crown has met its burden using the evidence presented at trial.

A lawyer's confidence is not evidence

Closing arguments can sound forceful. Their tone does not change the standard of proof. The decision-maker must assess the evidence, not which lawyer appeared more confident or spoke last.

Procedures vary

The Criminal Code provides national rules, but provincial and territorial courts may have their own criminal rules, practice directions and scheduling procedures. Judges also manage submissions according to the circumstances of the trial. Written-submission deadlines, page limits and oral time limits may therefore differ.

Practical steps that are general and non-legal in nature

For an accused person approaching the end of a trial, useful organizational steps may include:

• Keeping court dates, directions and filing deadlines in one calendar.
• Maintaining an orderly copy of permitted court documents and lawyer correspondence.
• Writing down questions to discuss privately with counsel.
• Asking counsel to explain unfamiliar terms, expected timing and what will happen after submissions.
• Planning transportation, childcare and time away from work for court dates.
• Avoiding public or social-media commentary about evidence, witnesses or anticipated outcomes.
• Arranging emotional support for the waiting period before a verdict.

These are general organizational considerations, not legal strategy. Decisions about what arguments to make, what authorities to cite and how to address particular evidence require professional legal judgment.

Emotional and family impact

Closing submissions can create a difficult mix of relief, fear and exhaustion. The evidentiary portion of the trial may be over, but the outcome may remain uncertain. Hearing opposing counsel describe the evidence can also be distressing for accused persons, complainants, witnesses and family members.

It may help to remember that submissions are arguments about the case. They are not findings. In a jury trial, jurors must still receive the judge's instructions and deliberate. In a judge-alone trial, the judge must independently assess the evidence and law.

People affected by the trial may benefit from practical routines, confidential emotional support and accurate information about the remaining stages. A mental-health professional can assist with anxiety, disrupted sleep or trauma symptoms. Legal questions should be directed to a qualified lawyer.

When professional assistance may be appropriate

Closing submissions require knowledge of the elements of the offence, rules of evidence, burdens of proof and relevant court decisions. A criminal defence lawyer can assess the trial record and determine which arguments are legally available.

Professional legal assistance may be particularly important where:

• The case involves multiple charges or accused persons.
• The trial contains complex expert, digital or circumstantial evidence.
• A party proposes written submissions or additional legal authorities.
• There is disagreement about the permissible use of evidence.
• An accused person is self-represented and uncertain about courtroom procedure.
• Counsel believes an improper closing argument requires an objection or corrective instruction.

An accused person who cannot afford private counsel may wish to contact the applicable provincial or territorial legal aid plan, duty counsel service or lawyer-referral program. Eligibility and available assistance vary by jurisdiction.

How Presumption of Innocence Canada may help

Presumption of Innocence Canada provides public legal education about Canadian criminal and family law processes. Its plain-language materials draw from publicly available legislation, court decisions, government publications, Statistics Canada information and peer-reviewed academic research.

PIC also hosts weekly moderated educational discussion groups by Zoom for Canadian residents aged 18 and older. The discussions focus on general legal-process education and respectful participation. They do not replace confidential advice from a lawyer.

PIC does not provide legal advice, legal representation, case-specific guidance or recommended legal strategies. It does not determine whether an allegation is true or false, take a position on an individual case or advocate for a particular legal outcome.

Frequently Asked Questions

1. What are closing submissions in a criminal trial in Canada?

They are the final arguments made after the evidence has been presented. The Crown and defence explain how they say the admitted evidence and governing law should be applied. The submissions are not evidence.

2. Do closing submissions happen in every criminal trial?

Parties ordinarily have an opportunity to make final submissions after the evidence closes, but the format and length depend on the court, the type of trial and the issues. Some submissions are brief and oral; others include detailed written arguments.

3. Who gives closing submissions first?

In jury trials, section 651 of the Criminal Code governs the order in specified circumstances. If no witnesses are examined for the accused, the defence is entitled to address the jury last. If defence witnesses are called, the Crown ordinarily speaks last. Procedures in judge-alone trials are managed by the trial judge.

4. Can a lawyer introduce new evidence during a closing submission?

No. A closing submission is argument based on evidence already admitted at trial. If an unexpected evidentiary issue arises, the court must deal with it through the applicable legal procedure rather than treating counsel's assertion as evidence.

5. Does the defence have to prove what happened?

Generally, no. The Crown bears the burden of proving every essential element of the offence beyond a reasonable doubt. The defence may argue that the Crown's evidence does not meet that standard. Particular defences may involve additional legal requirements that should be discussed with a lawyer.

6. What happens after closing submissions?

In a jury trial, the judge instructs the jury on the law and the jury deliberates. In a judge-alone trial, the judge may deliver the verdict immediately or reserve the decision until a later date.

7. Can a judge disagree with both the Crown and defence arguments?

Yes. The judge is not required to accept either party's interpretation. In a judge-alone trial, the judge independently decides the facts and law. In a jury trial, the judge instructs on the law and the jury decides the facts.

8. Can an improper closing submission affect a trial?

Potentially. The trial judge may interrupt counsel, give a corrective instruction or take another step permitted by law. Whether a problem affected trial fairness or the verdict is a case-specific legal question.

9. Can a self-represented accused make closing submissions?

Yes. A self-represented accused may address the court, subject to the rules and directions of the trial judge. Submissions must remain argument based on the trial evidence; they are not an opportunity to provide unsworn testimony or introduce new facts.

Related Educational Resources

• Judge-Alone vs. Jury Trials in Canada
• Direct Examination in a Canadian Criminal Trial
• Cross-Examination in a Canadian Criminal Trial
• Rules of Evidence in Canadian Criminal Trials
• Expert Witnesses in Canadian Criminal Court
• The Burden of Proof and Reasonable Doubt
• Jury Instructions in Canada
• Verdicts in Canadian Criminal Court

Conclusion

Closing submissions in a criminal trial in Canada help the judge or jury understand how each party says the evidence and law should be applied. They are a significant part of the trial, but they are not evidence and they do not replace the decision-maker's independent assessment.

The Crown must still prove every essential element of the offence beyond a reasonable doubt. The defence may respond to the Crown's theory and identify reasons why that standard has not been met. The rules governing format, order and timing can depend on the type of trial and the court. Anyone seeking guidance about closing submissions in a particular case should consult a qualified criminal lawyer.

Sources

• Criminal Code, R.S.C. 1985, c. C-46, sections 645, 646, 650.1 and 651: https://laws-lois.justice.gc.ca/eng/acts/c-46/page-104.html
• Canada Evidence Act, R.S.C. 1985, c. C-5, section 4(6): https://laws-lois.justice.gc.ca/eng/acts/c-5/page-1.html
• Department of Justice Canada, “Trial”: https://www.justice.gc.ca/eng/cj-jp/victims-victimes/court-tribunaux/trial-proces.html
• R. v. Rose, [1998] 3 S.C.R. 262: https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/1663/index.do
• R. v. B.E.M., 2023 SCC 32: https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20178/index.do
• Presumption of Innocence Canada: https://presumptionofinnocence.ca

Educational Disclaimer

“This article provides general educational information only. It is not legal advice and does not create a lawyer-client relationship. Legal procedures and rights may vary by jurisdiction and individual circumstances. Anyone facing a legal matter should obtain advice from a qualified lawyer.”