Your Day in Court

You must appear in person on the day of your trial. If the party making the claim does not appear, their case will be dismissed. If the party defending the case does not appear, the other party can make their case without the defendant present. The judge can decide if they have proved their case without hearing from the defendant.

It is important to arrive early as you will need time to go through security and find the courtroom. You may be searched for security purposes. Do not bring anything that may be considered a weapon. You can ask court staff where the courtroom for your matter is located. Once in the courtroom, let the court clerk know that you are there.

In the courtroom, it is important to be respectful. You should follow these rules:

• be quiet
• do not eat, drink or chew gum
• remove your hat, unless you wear it for religious reasons
• turn off cell phones and all electronic devices
• do not take pictures
• stand when the clerk announces the judge
• stand up if you are talking to the judge and speak loudly enough to be heard clearly
• do not talk to other people in the courtroom while the judge is in the courtroom
• do not interrupt the other party, a lawyer or the judge
• do not argue with the judge
• do not use swear words or slang

How you refer to a judge in court depends on their title and which court you are in. Using these traditional forms of address shows respect for the judge and for the court. They also remind everyone of the importance of the courts in our society.

In Provincial Court, you can refer to the judge as “Your Honour”. If you are before a Justice of the Peace, you can call them “Your Worship”. For example, if the judge asked you a yes or no question, you could respond by saying “Yes, Your Honour”.

In the Court of King’s Bench, call the judge “Chief Justice”, “Associate Chief Justice” or “Justice”, as the case may be, which may be followed by their last name. There are also Associate Judges who you can refer to has “Judge” along with their last name or “Your Honour”.

Court hearings are open to the public. It is a principle of the Canadian justice system that people can see and hear what happens in court. Although people can be in the courtroom, no one in the courtroom is allowed to record anything. They also cannot use phones or computers to send messages to people outside the court while court is going on. The only exception to this is for members of the media who are allowed to for the purposes of informing their readers or viewers.