1. I am a victim of crime and I need help, but I don't know where to go or who to
ask for information or help?
As a victim of crime you may need medical attention, emotional support or financial
assistance. In addition, you will have many questions about what will happen next. You may
want to know what action the police have taken, whether a suspect has been apprehended,
whether any charges have been laid and many other questions. There is probably help
available in your own community.
Victim services and assistance exist in all provinces and territories. The police can
refer you to available victim services. Information about the crime you have been
victimized by is generally only available from the police in your community, the Crown
Prosecutor and/or the victim services agencies that work with Crown or police.
This website includes general information about the justice system and links to other
sites may lead you to services and assistance in your province or territory.
2. I was mugged and viciously assaulted, and my wallet and jewellery were stolen.
The police have laid charges against the person who did this, and the case is going to
court soon. Do I need a lawyer to make sure this person doesn't hurt me again?
In Canada all criminal offences are handled by the Crown. You should not need your own
lawyer. The police will charge the accused person with offences based on the information
they gather in their investigation. In court, the Crown prosecutor, sometimes referred to
as the Crown attorney, or simply the Crown, will handle the case. The Crown's role is to
prove that the offence was committed by the accused. In criminal cases, the Crown must
prove all aspects of the offence beyond a reasonable doubt. This is called the criminal
standard of proof.
The Crown prosecutor is not your lawyer; the Crown prosecutor works for you and all
members of the public to prosecute offenders. The prosecutor will rely on you to provide
information before trial and at trial. The Crown will also tell you what to expect or
refer you to Victim-Witness Assistance workers for more information and support and to
help prepare you for court. Again, you should not need your own lawyer. However, there may
be some circumstances where your interests differ from those of the Crown prosecutor. For
example, you may want to ask for a publication ban on your identity. In these cases, you
should first discuss your concerns with the Crown.
3. Who is the Crown Prosecutor and is he or she my lawyer?
The Crown prosecutor is not your lawyer in the same way as an accused has their own
lawyer. The Crown prosecutor is a lawyer who is responsible for prosecuting criminal cases
on behalf of the Attorney General (the government Minister responsible for prosecuting offences). He or she may also be called a Crown Attorney in different parts
of Canada. The Crown prosecutor will appear in court on behalf of the government and present the evidence that relates to the offence. The role of
the Crown prosecutor is to prove beyond a reasonable doubt that the accused committed the
offence charged.
In order to prove that an offence has been committed the Crown prosecutor needs to call
witnesses. As a victim of the crime you will be either a main witness or the only witness
and the Crown prosecutor will require you to give evidence in the case. If you have some
concerns about the trial and your role you should discuss this with the Crown prosecutor.
4. If I need information about my case, where do I go?
When charges are first laid against an accused, the matter will be in the hands of the
police. You should make sure that you know the name of the officer dealing with the case
and the file number. You may then find out information more readily by calling and
speaking to the officer.
If charges proceed, the case will be referred to the Crown prosecutor. You should ensure
that you know the name of the prosecutor and the file reference. It is possible that there
may be some delay in hearing from the prosecutor as he or she may be extremely busy. You
may be able to find out the status of the case by calling the prosecutor's office and
quoting the file number.
In some areas there are police based victim services and/or Crown based victim
assistance. These services may assist you to get the information you need.
5. Will I have to testify?
If there is a preliminary inquiry or trial, you will have to testify. As the victim of the crime you
will be one of the main witnesses or the only witness. It is possible that the accused
will plead guilty and there will not have to be a trial. However, this is often not known
until immediately before the trial so, you should be prepared to give evidence.
6. Will I only have to testify once?
This will depend on the kind of offence that the accused is charged with and how the
Crown prosecutor chooses to deal with it. If the offence is dealt with as a
"summary" offence you will only have to give evidence once. If the offence is
dealt with "on indictment" you may have to give evidence twice - first at the
preliminary inquiry and later at trial.
7. What are summary offences and indictable offences?
There are three kinds of criminal offences: summary offences, indictable offences and
offences which can be treated as either summary or indictable.
Indictable offences are more serious than summary offences. For example, murder is an
indictable offence, while loitering or causing a disturbance are summary offences.
Offences which can be treated as either summary or indictable include assault, sexual
assault and unlawfully causing bodily harm.
The decision whether to treat an offence as summary or indictable is made by the Crown
prosecutor after taking into account all the circumstances of the case.
8. What is a victim impact statement?
It is a written statement made by the victim of a crime that describes the harm done to
the victim and, more generally, the effect that the crime has had on his or her life. The
statement is given to the judge who is sentencing the offender to take into account when
considering the sentence the offender will receive.
9. How do I make a victim impact statement?
The program is a little different in each province as different agencies have
responsibility for the victim impact statement program. You should ask the Crown
prosecutor dealing with your case or the local victims services agency to find out what
the procedure is. For example, in Alberta the program is provided by Victims Services and
the police; in British Columbia the Crown prosecutors gather the victim impact statement
information.
There is usually a special form that you will have to obtain from the agency
responsible for the program. It may be possible to make a longer statement by attaching
paper to the form.
10. As a victim of domestic violence can I prepare a victim impact statement?
Yes. The law states that any victim of any crime can prepare a victim impact statement.
In different provinces the agencies operating the victim impact statement program may be
able to assist you to prepare your statement or may provide general information to help
you prepare your own statement.
11. When should I prepare a victim impact statement?
A victim impact statement can be prepared and filed at any time before sentencing. In
some provinces the statement is prepared before trial and in others only after a
conviction.
12. Will the accused see my victim impact statement?
Yes. The rules of procedure in criminal cases require the Crown prosecutor to disclose
all documents at the earliest opportunity to the accused and his or her lawyer. The victim
impact statement is considered to be a document in the case and will have to be disclosed
once the Crown prosecutor has received the statement. In some cases, the statement is
filed directly with the court and is not part of the Crown's file. The accused must
receive a copy of the victim impact statement as soon as it is filed with the court and
before the sentencing hearing.
13. Will I be cross examined on my victim impact statement?
Although the victim impact statement is not intended to be used as proof of the
offence, when you prepare your statement before trial and it is filed with the court, the
accused will receive a copy. Also, once the Crown prosecutor has your victim impact
statement, he or she must disclose it to the defence lawyer. If this is done at an early
stage of the case, - for example before the preliminary hearing in provincial court - a
defence lawyer can use the information in the statement to cross-examine you when you give
your evidence at the preliminary inquiry or at trial.
The victim impact statement can be prepared and filed at any time before sentencing.
The statement is filed in accordance with the program operating in the jurisdiction. In
some provinces, it is prepared and filed only after an accused is found guilty. In any
event, the offender will receive a copy of your victim impact statement before he or she
is sentenced.
At the sentence hearing, the offender or his or her lawyer may cross-examine you on the
information set out in the statement. It is important that the information in the
statement is accurate.
14. I am scared of facing the person who hurt me in court. Will I have to read the
victim impact statement out loud?
No. The trial judge in each case is required to consider the written victim impact
statement, and a copy is given to the offender and his lawyer. You may read your statement at the sentencing hearing but you do not have do to so.
15. If the accused is found guilty and ordered to pay a victim surcharge, will I
receive that money?
A victim surcharge is imposed on all offenders in addition to their sentence. It is a
monetary penalty, like a fine. However, the surcharge is not paid to you. The surcharge is paid
into a fund in the province or territory that is used to provide services and assistance
for victims of crime in general. For example, police or community victim services may
receive some funding from the surcharge fund.
16. I know that this offender has no money and no job. What is the point of
ordering him or her to pay a victim surcharge?
The victim surcharge is added to the offenders sentence. However, the sentencing judge
can waive the victim surcharge - that is, excuse the offender from paying the surcharge -
where the judge believes that the offender cannot pay the amount. The offender will have
to tell the judge how or why he or she cannot pay.
17. My home was ransacked and vandalized, and expensive TV and stereo equipment,
which was not insured, was stolen. I want the offender to pay me back for my losses.
As part of the sentence imposed, the judge may order the offender to make restitution.
This means the offender is ordered to pay you - the victim - an amount to cover your
losses. You will have to establish the value of the goods taken or destroyed and your
expenses to put your house back in order. The order for restitution may be for the whole
amount or part. The judge has to take into account whether the offender has any ability to
pay this amount, because it is part of the entire sentence.
18. Once a restitution order is made, will I receive my money?
The restitution order made by the judge who imposes the sentence on the offender is
similar to a civil judgment. That is, it is as if you sued the offender for your losses in
the civil (non-criminal) courts. The offender may pay you the amount after the order is
made or work out a payment schedule. If the offender makes no efforts to pay, you can file
the order in the civil courts and use the same methods to collect as if you had
successfully sued the offender. You should be able to pursue these remedies on your own,
although you may need some legal advice to do so. A student legal aid clinic may be able
to help.
