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Criminal Court Verdicts in Canada: What They Mean

Presumption of Innocence Canada · Public legal education · 10 min read

This article explains general Canadian legal processes for public education. It is not legal advice and does not address any specific case. For advice about your situation, consult a lawyer licensed in your province or territory.

A plain-language guide to guilty and not-guilty verdicts, acquittals, mistrials, special verdicts and other court outcomes.

Criminal court verdicts in Canada determine whether the Crown has proven a charge at trial. Court files may also refer to acquittals, mistrials, stays, withdrawals, discharges and special verdicts. These outcomes are not interchangeable. Understanding the terms helps preserve the distinction between an allegation and a proven offence.

What this issue means

A verdict is the decision made by the judge or jury at the end of a criminal trial about each charge before the court. In an ordinary trial, the verdict is guilty or not guilty.

An allegation is a claim that something occurred. A charge is a formal accusation. Neither is a finding of guilt. The accused is presumed innocent, and the Crown must prove every essential element of the offence beyond a reasonable doubt.

If the Crown meets that standard, the verdict is guilty. If the Crown does not meet it, the verdict is not guilty and the accused is acquitted of that charge.

In a judge-alone trial, the judge decides the facts and law and ordinarily gives reasons. In a jury trial, jurors decide the facts after receiving legal instructions. A Canadian criminal jury’s verdict must be unanimous. Jurors do not provide reasons.

What may happen next

What happens after court depends on the outcome and the person’s circumstances.

  • After a not-guilty verdict, the accused is acquitted of that charge. Any release conditions attached only to that charge ordinarily end, but conditions or orders from another matter may remain.
  • After a guilty verdict, the case moves to sentencing. Sentencing may occur immediately or on a later date after further information and submissions are received.
  • After a mistrial, there is no final determination of guilt. The Crown may decide whether to proceed with another trial.
  • After a special mental-disorder verdict, the court or a provincial or territorial Review Board follows Part XX.1 of the Criminal Code.
  • After any result, appeal rights and deadlines may need prompt attention.

Release, custody, sentencing and appeal procedures vary with the offence, proceeding and jurisdiction. A qualified lawyer can explain the effect of a result.

Criminal court verdicts in Canada explained

Not guilty and acquittal

A not-guilty verdict means the Crown did not prove the charge beyond a reasonable doubt. The legal result is an acquittal.

An acquittal does not require the accused to prove innocence or establish that an allegation was deliberately false. The decision-maker may accept that some events occurred but remain unsatisfied about an essential element of the offence.

For that reason, “not guilty” should not be rewritten as a finding that a complainant lied. The verdict addresses whether the Crown proved the charged offence to the criminal standard.

Guilty verdict and conviction

A guilty verdict means the Crown proved every essential element beyond a reasonable doubt. The court will normally enter a conviction and impose a sentence.

A verdict determines guilt. Sentencing determines the legal consequence through a separate process.

Under section 730 of the Criminal Code, a person who pleads guilty or is found guilty may receive an absolute or conditional discharge if the statutory requirements are met. The person is deemed not to have been convicted, subject to the section’s exceptions. A discharge is not an acquittal; it follows a determination of guilt.

Included-offence and mixed verdicts

A trial does not always produce one result for the entire case. Where there are several counts, the accused may be found guilty on some and not guilty on others.

Section 662 of the Criminal Code permits conviction for an included offence in defined circumstances. The evidence may fail to prove the offence charged but prove a legally included offence.

These are sometimes described as mixed or split verdicts. Each count and each resulting finding should be identified separately.

Hung jury and mistrial

A jury must agree unanimously. Under section 653 of the Criminal Code, if the judge is satisfied that the jury cannot agree and further deliberation would be useless, the judge may discharge the jury and direct that a new jury be selected or adjourn the trial.

This is commonly called a hung jury and results in a mistrial on the unresolved count. It is neither a verdict nor an acquittal. A new trial may be scheduled.

Not criminally responsible on account of mental disorder

Under section 672.34 of the Criminal Code, an NCRMD verdict may be rendered where the accused committed the act or omission but was exempt from criminal responsibility because of mental disorder under section 16.

An NCRMD verdict is not a conviction or ordinary acquittal. The accused is not found guilty or convicted. The court or Review Board determines a disposition, which may include an absolute discharge, conditional discharge or hospital detention under statutory criteria.

Unfit to stand trial

An unfit-to-stand-trial verdict concerns the person’s present ability to understand the proceedings and participate in a defence. It does not decide guilt.

Under sections 672.31 and 672.32, a plea is set aside while the accused is unfit, but the person may be tried later if fitness is restored.

Outcomes that are not trial verdicts

Court records sometimes contain terms that describe how a charge ended without a verdict from a completed trial.

Withdrawal

A withdrawal generally means the Crown discontinued the charge before judgment. It is not a not-guilty verdict. Whether a charge could later be laid again depends on the circumstances and law.

Crown-directed stay of proceedings

Under section 579, the Attorney General or authorized counsel may direct a stay before judgment. The proceeding is suspended and may be recommenced within the permitted period. Otherwise, it is deemed never to have been commenced.

A judicial stay is different. It is a remedy ordered by a court, including in some cases for a serious Charter breach or abuse of process. The effect and appeal route depend on the order and legal basis.

Dismissal or discharge at another stage

“Dismissed” may appear in court records, but its meaning depends on the proceeding and stage. A preliminary-inquiry discharge, dismissal of an application and section 730 sentencing discharge are different events. The actual order should be reviewed.

Important educational considerations

The burden of proof does not shift

The accused does not have to prove that an allegation is false. A verdict must be based on the admitted evidence, the applicable law and the Crown’s burden to prove guilt beyond a reasonable doubt.

Verdicts apply count by count

Each count receives its own result. Describing a case as simply “won” or “lost” may conceal a combination of acquittals, convictions, withdrawals or stays.

Reasons and verdicts are not the same document

In a judge-alone trial, reasons may explain the path to the verdict. The formal court record identifies the result. A jury does not give reasons, although the judge’s instructions form part of the record.

A verdict may be appealed

An accused may appeal a conviction through the route provided by law. In indictable matters, the Crown may appeal an acquittal only on a question of law. An appeal court may dismiss the appeal, order a new trial or enter another permitted result.

Appeal routes and deadlines differ by proceeding and jurisdiction. Anyone considering an appeal should seek legal advice promptly.

Practical steps that are general and non-legal in nature

After a result is announced, general organizational steps may help:

  • Write down the exact result for every count.
  • Ask counsel or court staff how to obtain the court endorsement, order or reasons. Court staff cannot give legal advice.
  • Confirm future court dates and whether sentencing, a disposition hearing or another appearance is scheduled.
  • Keep release documents and other court orders until a lawyer confirms their status.
  • Preserve notes, disclosure and correspondence while any appeal period remains open.
  • Avoid posting about witnesses, jurors or protected information. Publication bans and privacy orders may continue after the verdict.
  • Prepare questions for a lawyer about conditions, records, sentencing, appeal rights and next steps.

These steps are informational and do not determine what anyone should do in a particular proceeding.

Emotional and family impact

A verdict can bring relief, grief, fear, anger or numbness. A guilty finding creates uncertainty about sentencing and custody. An acquittal may not repair employment, family or reputational harm. A mistrial prolongs uncertainty.

Family members may misunderstand the result. Waiting for the written record before making public statements can help. Practical and confidential mental-health support may also reduce pressure.

When professional assistance may be appropriate

A criminal lawyer can explain the verdict, continuing orders, sentencing, record consequences and appeals using the actual court record and relevant law.

Legal aid, duty counsel or a law-society referral service may assist, depending on eligibility and jurisdiction. NCRMD or unfitness findings may also involve mental-health professionals and a Review Board.

How Presumption of Innocence Canada may help

Presumption of Innocence Canada (PIC) is a volunteer-run Canadian not-for-profit organization focused on public legal education. It provides plain-language educational resources and moderated online discussion groups for Canadian residents aged 18 and older. PIC describes its groups as educational spaces and bases its materials on public legislation, court decisions, government publications, Statistics Canada and peer-reviewed research.

PIC does not provide legal advice, legal representation, case-specific guidance or legal strategy. It does not decide whether an allegation is true or whether a person is innocent, and it does not advocate for a particular case outcome or changes to the law. PIC’s resources and discussion groups may help readers understand terminology, organize questions and locate reliable public information before speaking with a qualified lawyer.

Frequently Asked Questions

1. What are the main criminal court verdicts in Canada?

In an ordinary criminal trial, the verdict on each count is guilty or not guilty. The Criminal Code also recognizes special verdicts concerning NCRMD and fitness to stand trial.

2. Does not guilty mean the court found the accused innocent?

Not guilty means the Crown did not prove the charge beyond a reasonable doubt, and the accused is acquitted. The accused does not have to prove innocence. The verdict does not necessarily decide that every allegation was false or that a witness lied.

3. Is an acquittal the same as a withdrawn charge?

No. An acquittal follows a not-guilty verdict. A withdrawal generally ends the prosecution before judgment without a trial finding on guilt.

4. Is a stay of proceedings a verdict?

No. A Crown-directed stay under section 579 suspends the proceeding before judgment and may be recommenced within the statutory period. A court-ordered judicial stay is a different remedy. Neither should automatically be described as a not-guilty verdict.

5. What happens after a guilty verdict?

The court moves to sentencing, either immediately or later. The judge may receive further evidence and submissions. Custody or release status may also be addressed.

6. What is a mixed verdict?

It is an informal description for different results on multiple counts, such as guilty on one count and not guilty on another. It may also refer to acquittal on the offence charged but conviction for a legally included offence.

7. What happens when a jury cannot agree?

The judge may discharge a jury that cannot reach a unanimous verdict. This produces a mistrial on the unresolved count, not an acquittal or conviction. A new trial may follow.

8. Is NCRMD the same as not guilty?

No. NCRMD is a special verdict based on the mental-disorder provisions of the Criminal Code. The accused is not found guilty or convicted, but a court or Review Board disposition process follows.

9. Can a verdict be appealed?

Yes, where legislation provides a right or leave to appeal. The available grounds, court and deadlines depend on the result, offence classification and jurisdiction. The Crown’s appeal from an indictable acquittal is limited to a question of law alone.

Related Educational Resources

Conclusion

Criminal court verdicts in Canada are precise legal decisions, not general statements about a person’s character or every disputed fact. A guilty verdict, acquittal, mistrial, withdrawal, stay, discharge and NCRMD finding each has a different meaning and may lead to different next steps. The written court record and advice from a qualified lawyer are the safest sources for understanding how a particular proceeding ended.

Sources

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.”

Presumption of Innocence Canada provides educational information only. We do not provide legal advice or legal representation and do not advocate for changes in law or public policy. We are not a registered charity; donations are not tax-deductible and no official donation receipts are issued.