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 witnesses under the age of 18 and all victims of sexual offences to protect their identities 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 victims or witnesses would suffer significant harm if their identities were disclosed;
- the availability of effective alternatives to protect the identities of the victims or witnesses; 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 and Other Vulnerable 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 all proceedings. In addition, the judge may order the exclusion of some or all members of the public from the courtroom to protect adult victims and witnesses who may be vulnerable due to their age, relationship with the offender, the nature of the offence or other factors.
The Criminal Code also allows the judge to order testimonial aids to assist vulnerable victims and witnesses in providing their testimony in criminal court. Testimonial aids include allowing witnesses to testify from outside of the courtroom by closed-circuit television or behind a screen or other device that separates the witness from the accused and allowing a support person, chosen by the witness, to be present and close to the witness when testifying. Witnesses under the age of 18 years or any witness with a disability that makes it difficult to communicate will receive testimonial aids or other measures when they are requested. The judge must grant this protection unless the judge believes it would interfere with the proper administration of justice, for example, by affecting the right of the accused person to a fair trial. The judge may order the support person and the witness not to communicate with each other during the witness's testimony.
Other vulnerable adult victims and witnesses may benefit from a testimonial aid if the judge feels it is necessary for the victim or witness to give full and candid testimony. In deciding whether to make the order, the judge will consider factors such as the witness’s age, whether the witness has a mental or physical disability, the nature of the offence and the nature of any relationship between the witness and the accused person.
On occasion, accused persons may choose to represent themselves rather than using a lawyer. When such a case involves a victim of criminal harassment, an order will be granted upon application for the appointment of counsel to conduct the cross-examination of the victim. Similarly, upon application, young victims and witnesses (those under the age of 18) will have counsel appointed to conduct their cross-examination if the accused chooses self representation. The judge must grant this protection unless the judge believes it would interfere with the proper administration of justice, for example, by affecting the rights of the accused person to a fair trial. Other vulnerable adult victims and witnesses also may apply, or may have the Crown attorney apply on their behalf, to have counsel appointed to conduct the cross-examination. For these vulnerable adults, the judge will consider factors such as the witness’s age, whether the witness has a mental or physical disability, the nature of the offence and the nature of any relationship between the witness and the accused person in deciding whether or not to appoint 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, he or she can be fined and/or jailed and will then have a criminal record.
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