Making Legal Arguments and Submissions in Criminal Court in Canada

PRESUMPTION OF INNOCENCE CANADA | GENERAL PUBLIC LEGAL EDUCATION

Article #22 • Self Representation in Criminal Court

Legal submissions in a self-represented criminal court case in Canada are arguments about the law, the evidence already before the court, and the ruling or result the court is being asked to reach. They may occur during evidentiary disputes, applications, and at the end of a trial. Submissions are not evidence and do not change the Crown’s obligation to prove guilt beyond a reasonable doubt.

Key point: A legal submission is argument. It may explain what the law requires and how the admitted evidence relates to an issue, but it is not an opportunity to add new facts that were never introduced as evidence.

What legal submissions mean in a self-represented criminal court case in Canada

A criminal court may decide questions of fact, law, or both. Evidence is used to establish facts; submissions explain how the court should understand that evidence, apply the governing law, and resolve an issue. In a judge-alone trial, the judge decides law and fact. In a jury trial, the judge decides law and instructs the jury, while the jury decides the facts and verdict.

Submissions may be short and oral, or they may be supported by written material and legal authorities. The format depends on the issue, the court, local rules, practice directions, and any order made by the judge.

Submissions are different from evidence

Once the evidence is closed, a party generally cannot use closing submissions to testify, introduce a new document, or add facts that were never placed in evidence. Closing argument may refer to admitted testimony and exhibits and may ask the court to draw permissible inferences from them.

Ontario court guidance for self-represented accused expressly describes closing submissions this way: the parties may comment on the evidence and legal issues, but submissions themselves are not evidence. The same basic distinction is important across Canadian criminal proceedings, although local procedure can differ.

When legal submissions may arise

Legal argument is not limited to the final minutes of a trial. Depending on the case, a self-represented accused may encounter submissions about:

• whether proposed evidence is admissible;
• an objection to a question or exhibit;
• the legal test that applies to a motion or application;
• a Charter issue or other preliminary legal question;
• the wording of jury instructions in a jury trial;
• the legal significance of an admitted fact or piece of evidence; and
• the final verdict after all admissible evidence has been heard.

Some applications have formal notice, filing, evidentiary or timing requirements. Recognizing that a legal issue exists is different from knowing whether an application should be brought in a particular case. That decision can require legal advice.

A simple way to understand the structure of legal argument

Legal submissions are often easier to follow when four ideas are separated: the issue, the legal rule or test, the evidence relevant to that issue, and the ruling requested. Complex applications may require additional steps.

For public-education purposes, this can be thought of as an organizational framework rather than a script. It does not tell an accused what position to take, which cases to rely on, or what result to request in an individual proceeding.

Using legislation and court decisions in submissions

Legal arguments may refer to the Criminal Code, the Canada Evidence Act, the Charter, court rules, and judicial decisions. The authority of a decision depends on factors such as the deciding court, jurisdiction, legal issue, and later treatment.

A neutral citation and paragraph number can help the court locate a legal point. For example, “R. v. Kahsai, 2023 SCC 20, paragraph 54” identifies a Supreme Court decision and a specific paragraph. Requirements for briefs, authorities, electronic links or paper copies vary by court.

The Crown’s burden remains the same

Section 11(d) of the Charter protects the presumption of innocence. The Crown generally bears the burden of proving the essential elements of the offence beyond a reasonable doubt. Closing submissions do not transfer that burden to an accused simply because the accused is self-represented.

A submission may argue that the Crown has or has not met the applicable legal test, but the ultimate decision belongs to the judge or jury. A self-represented accused does not have to prove innocence merely because they choose to make submissions.

Closing submissions in a judge-alone trial

After the evidence concludes, the judge will ordinarily give the Crown and defence an opportunity to make closing submissions. These may address the elements of the offence, the evidence relevant to them, credibility or reliability where genuinely in issue, applicable legal rules, and whether the Crown has proven the charge beyond a reasonable doubt.

The precise order and format should not be assumed to be identical in every court. A self-represented person can listen carefully to the judge’s directions and consult the current rules or official court guidance for the jurisdiction.

Closing addresses in a jury trial

Jury trials have additional rules. Criminal Code section 651 addresses summing up by the prosecution and accused, including who may address the jury last in specified circumstances. Section 650.1 also permits a pre-charge conference about matters and instructions to be explained to the jury.

A jury closing address is still not evidence. The trial judge instructs the jury on the law, may correct inaccurate references to evidence, and controls the fairness of the proceeding. Jury-trial procedure can be technical, so legal assistance can be important.

The judge may assist, but must remain neutral

The Supreme Court of Canada has confirmed that a trial judge must provide appropriate assistance to an unrepresented accused so fundamental rights are respected. This may include explaining procedure or identifying material issues, but the judge must remain impartial and cannot become defence counsel or provide strategic advice.

In R. v. Kahsai, 2023 SCC 20, the Court emphasized both sides of that principle: self-representation can create a serious imbalance, but the judicial role remains neutral. A self-represented accused therefore should not assume that the judge will develop the legal argument for them.

Oral and written submissions

Submissions may be oral or written. For more complex issues, a judge may set deadlines, page limits, formatting requirements, or an order for exchanging materials. Courts may also have specific requirements for authorities.

Court staff can provide procedural information about filing methods and local requirements, but they cannot advise which argument to make or which authorities will succeed.

General organizational steps

Without deciding what argument should be made, general preparation may include:

• keeping a separate list of the legal issues that the court has said will need to be decided;
• keeping legislation and court decisions in a clearly labelled folder, separate from disclosure and exhibits;
• recording the full citation and paragraph numbers for authorities that may need to be located quickly;
• using notes that distinguish evidence actually admitted at trial from allegations, disclosure material and personal recollection;
• checking current court rules, practice directions and any case-specific scheduling order for written-submission requirements;
• bringing accessible copies of permitted authorities or materials in the format required by the court; and
• taking note of questions or directions from the judge so they can be addressed in an organized way.

These are administrative practices. They do not answer which legal argument is available, whether a motion should be brought, or how a particular piece of evidence should be characterized.

Respectful and focused courtroom communication

Submissions are most useful when connected to the issue the court is deciding. Personal attacks, speculation, repetition of excluded material, or arguments based on information not in evidence may be stopped by the judge. Respectful, focused communication is important in every jurisdiction.

Emotional and family considerations

Making submissions can be stressful because criminal proceedings may affect liberty, work, family relationships and reputation. An organized outline can make the process easier to follow. Family, community, or mental-health support may also help, provided confidentiality and court restrictions are respected.

When professional assistance may be appropriate

Legal advice may be especially important for Charter applications, complex evidence issues, expert evidence, sexual-offence provisions, confidential records, constitutional questions, jury trials, or uncertainty about the governing legal test. Limited-scope advice may sometimes be available even without full representation.

How Presumption of Innocence Canada may help

Presumption of Innocence Canada provides public legal education and moderated discussion groups about Canadian legal processes. PIC can explain general terminology and procedure, but it does not provide representation, legal strategy, case-specific advice, or an assessment of what submissions a person should make.

Frequently Asked Questions

Are legal submissions evidence?

No. Legal submissions are argument. A party may refer to evidence that has already been admitted, but submissions are not testimony or exhibits.

What are legal submissions for a self-represented accused in criminal court in Canada?

They are arguments made to the court about legal issues, the evidence already before the court, and the ruling or result the court is being asked to consider. The form and timing depend on the proceeding and jurisdiction.

Can I introduce a new document during closing submissions?

Generally, closing submissions occur after the evidence is closed. A party should not assume that new material can simply be introduced during argument. Questions about reopening evidence or admitting additional material can be legally complex.

Do I need to cite court cases?

Not every submission requires case law. Where legal authorities are relevant, the applicable legislation and binding or persuasive decisions may matter. Which authorities are useful is a legal question that can depend on the case.

What is a book of authorities?

It is a collection of legal authorities provided for a hearing, usually containing cases or legislation relied on in argument. Whether one is required and its format depend on the court and local rules.

Can the judge tell me what argument to make?

A judge may explain procedure and may provide appropriate assistance to an unrepresented accused, but must remain neutral and cannot act as defence counsel or give strategic legal advice.

Who makes the final closing submission?

The order can depend on the type of trial, whether defence evidence was called, and the applicable procedure. Criminal Code section 651 contains specific rules for jury trials. In other settings, the judge will direct the order.

Do closing submissions change the burden of proof?

No. The Crown generally continues to bear the burden of proving guilt beyond a reasonable doubt. A self-represented accused does not become responsible for proving innocence merely by making submissions.

Conclusion

Making legal submissions as a self-represented accused in criminal court in Canada means presenting argument, not new evidence, about the law, admitted evidence and the issue before the court. Understanding the distinction between evidence and argument, checking current court rules, using authoritative sources, and recognizing when legal advice may be appropriate can make the process easier to understand.

Related educational resources

• Article #16, Representing Yourself in Criminal Court
• Article #17, Understanding the Charge Against You
• Article #18, Reviewing Disclosure When You Represent Yourself
• Article #19, Preparing for a Criminal Trial Without a Lawyer
• Article #20, Questioning Witnesses When You Represent Yourself
• Article #21, Presenting Evidence in Criminal Court
• Legal Research for Self-Represented Litigants in Canada
• Finding and Understanding Canadian Court Decisions
• Future companion topics: objections, Charter applications, voir dires, jury trials and sentencing submissions.

PIC editorial review

Editorial review completed for CRA-compatible public-education framing, neutrality, accidental legal advice, unsupported claims, Canadian terminology, keyword use, repetition, emotional language, outcome promises, and statements that could appear to determine guilt or innocence.

The revised article explains how submissions fit into criminal proceedings without telling a reader which argument, application, authority, defence or requested ruling to use. Jurisdiction-specific procedures are identified as variable rather than universal.

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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.