A Crime Victim's Guide to the Criminal Justice System
Protecting Victims of Crime
Court Proceedings
Court proceedings are generally open to the public. However, the Criminal Code gives the judge power to exclude any or all
members of the public from all or part of the proceedings when it is in the “interest of public morals, the maintenance of order
or the proper administration of justice.” The general public will be excluded from the court only if the judge feels that it is
absolutely necessary. The Criminal Code does specify some situations where the court may order that the public be excluded to
protect the privacy of victims in certain cases, such as those involving sexual offences.
Publication Bans
Even if the public is not excluded from the court, a publication ban can prohibit the public and media from broadcasting the identity
of victims and witnesses in all court proceedings, including preliminary inquiries. Publication bans are intended to protect the
privacy of victims and witnesses and enable them to participate more fully in the criminal justice system.
Publication bans must be ordered for sexual offence cases to protect the identity of a victim or of a witness who is less than 18
years of age if a victim, witness or Crown prosecutor requests the order. A court may also order a publication ban in other cases
after considering several factors, including:
- the right of the accused person to a fair and public hearing;
- whether there is a real and substantial risk that the victim or witness would suffer significant harm if their identity were
disclosed;
- the availability of effective alternatives to protect the identity of the victim or witness; and
- the impact of the proposed order on freedom of expression.
A victim or witness must request the publication ban in writing and indicate why this type of protection is required. The court
must be satisfied that there is sufficient evidence to support the publication ban. The accused person and any other person
that may be affected by the publication ban must be notified of the application, and the judge may hold a hearing to determine
whether the ban is necessary for the proper administration of justice.
Protecting Child Witnesses
Judges have a general power to exclude the public from criminal proceedings in very limited but appropriate circumstances. The
Criminal Code specifically states that such circumstances include safeguarding the interests of witnesses under the age of 18
in sexual offence cases and offences where violence is alleged to have been used, threatened or attempted.
In these cases, the Criminal Code also allows witnesses under the age of 18, or those who may have difficulty
communicating because of a mental or physical disability, to testify from outside of the courtroom or behind a screen or other device
that separates the witness from the accused. Witnesses in these cases who are under the age of 14 or those who have a mental or
physical disability can ask the court to allow a support person, chosen by the witness, to be present and close to the witness
when testifying. The judge may order the support person and the witness not to communicate with each other during the witness's
testimony.
On occasion, accused persons may choose to represent themselves rather than using a lawyer. When such a case involves a sexual
offence or an offence where violence is alleged, the accused cannot personally cross-examine a witness under the age of 18,
unless the judge is satisfied that it is necessary. In all other instances, the judge must appoint legal counsel to conduct the
cross-examination.
Criminal Harassment, Intimidation, and Threats
It is a criminal offence for anyone to make you reasonably afraid for your safety or the safety of someone you know by:
- repeatedly following you (or someone you know);
- repeatedly visiting, calling or writing;
- watching your home or workplace; or
- threatening you or someone in your family.
It is also a criminal offence for anyone to try to force you to do something or prevent you from doing something by:
- using violence against you, your family or property;
- threatening you or your family with violence or damage to your property;
- following you;
- taking your things; or
- watching your home or place of work.
As well, it is a criminal offence for anyone to threaten to hurt you, damage your property or harm your animals. If someone has
been uttering threats, harassing or intimidating you, call the police.
Peace Bonds
If you have a reasonable fear that someone is going to harm you, your children or your property, you can ask the court for a
peace bond. A peace bond is a court order that requires another person to “keep the peace” for a certain amount
of time and obey any other conditions ordered. A peace bond does not cost anything, and you do not need a lawyer to get one.
Depending on where you live, the police or Crown prosecutor can help you through this process. The person you fear will be given a
summons to appear in court at a certain time and place. You may be required to attend as well — be sure to check with the
police. A Crown prosecutor will explain the situation to the judge. If the court is satisfied that you have reasonable grounds to
fear for your own safety or the safety of your children or property, the judge will ask the person you fear to enter into a peace
bond.
If the person you fear agrees to the peace bond, the judge will grant it right away. If the person you fear will not voluntarily
agree to enter into a peace bond, the judge will order a hearing, which you must attend. The judge will hear testimony from both
sides, to decide whether to order the peace bond. The Crown prosecutor can tell you about support services that are available to
assist victims through this process.
A peace bond is not a criminal conviction. As long as the conditions of the peace bond are met, the person will not be charged with
a criminal offence. If the conditions are broken, the person can be charged with a criminal offence. If convicted, they can be fined
and/or jailed and will then have a criminal record.
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