Testifying in court in criminal proceedings when you are not the victim

Are you required to testify in court at any stage of the criminal judicial process?

Whether it's for a bail hearing, preliminary inquiry, trial, or sentencing hearing, the party asking you to testify (prosecution or defense) must:

• Provide you with information about the judicial process and the court hearing;
• Provide information about the status and outcome of the procedings (such as the verdict in a trial) if you request it;
• Take measures to avoid requiring you to return to court multiple times and to minimize the inconvenience of your testimony.

The criminal and penal prosecutor (the prosecution’s attorney) and the defense attorney will need to pay special attention to you if:

• You have a physical or intellectual disability;
• You are under the age of 18: they will then take steps to protect you accordingly and communicate with you in a manner appropriate to your level of understanding.

At any time, you can request assistance from the Crime Victims Assistance Centers (CAVAC) Network to support you before, during, and after your testimony.

CAVAC services are free and confidential.

If you are asked to testify, you will receive an official document: a subpoena.

You will receive this document by one of the following means:

• Regular mail;
• Registered mail;
• Bailiff;
• Peace officer (such as a police officer).

You must appear in court at the place, date, and time indicated on the document.

In some cases, the judge may allow you to leave the courthouse without testifying.

This can happen when the accused pleads guilty or waives the preliminary inquiry.

The judge will also allow you to leave if:

• The facts you are to testify about are not disputed;
• The case is postponed.

In such cases, the judge may either:

• Inform you when you will need to return to court;
• Notify you that a new subpoena will be sent.

Normally, when you take the witness stand, you must provide the clerk with your name, age, address, and occupation.

The judge may allow you not to disclose your address if you fear for your safety. In that case, inform the clerk that you do not wish to reveal your address.

Would you like your identity to be protected as well? Then, you’ll need to express this concern to the attorney who asked you to testify.

If permitted by law, they will request the judge to issue a publication ban on any information that could reveal your identity.

For additional safety, you can request to testify "in private", without the presence of the public or journalists, known as testifying in camera.

This is an exceptional measure, as court hearings are generally public.

The judge must authorize in camera testimony.

Inform the attorney who asked you to testify if you require special assistance or accommodations due to a disability.

You will first answer questions from the attorney who asked you to testify (either the prosecution or the defense). Then you will answer questions from the attorney of the opposing party.

The accused person will be present in the courtroom to hear your testimony.

Both the prosecution and defense must ensure that your questioning is conducted respectfully and only relevant to the case.

Receiving the Subpoena

You will receive your subpoena at least 15 days before the court date, except under special circumstances.

Unable to Testify

Inform the prosecutor if a serious reason, such as a close person's funeral, prevents you from testifying on the assigned date.

The prosecutor must inform you as soon as possible if your testimony date changes, the reasons for the change, or if your presence is no longer required.

Preparatory Meeting with the Prosecutor

The prosecutor will meet with you before your testimony.

The prosecutor will:

• Provide you with the statement you made to the police for you to review;
• Explain how your testimony will proceed.

Special Attention from the Prosecutor for Vulnerable Witnesses

The prosecutor is attentive to your state of vulnerability, especially if you witnessed a sexual offense (sexual assault, sexual exploitation, sexual contact, etc.) or an offense committed:

• In the context of domestic violence;
• Against a person under the age of 18;
• In the context of elder abuse.

The prosecutor must also pay particular attention to you if any of the following elements make you vulnerable, make you fear for your safety, or prevent you from acting freely:

• The specific circumstances of the crime;
• Your personal characteristics;
• The nature of your relationship with the accused.

This is the case, among others, if:

• You have health problems, disabilities, or physical or intellectual limitations;
• You have a precarious status, for example, if you are newly arrived in Quebec and do not yet have permanent residence;
• You belong to a religious sect or are in the vicinity of a religious sect;
• You live in a small isolated community;
• You are homeless or in a situation of extreme poverty;
• You provide sexual services for payment or are sexually exploited (e.g., human trafficking, pimping);
• You are an Indigenous woman;
• You are under a measure of representation or assistance under the Quebec Civil Code (e.g., guardianship).

Assistance Measures for Testimony

You can benefit from the following assistance measures for testimony, if circumstances permit and if authorized by the judge:

• Testifying in court with a support person or support dog;
• Testifying in court behind a screen or using a videolink;
• Giving videotaped testimony in court, if you were under 18 at the time of the crime or if you have a physical or intellectual disability;
• Protection from cross-examination by an accused person who is self-represented.

These measures are explained for crime victims but can also apply to prosecution witnesses.

On the Day of the Testimony

You will describe the facts you observed related to the crime.

See the section "On the Day of Testimony" on the page "Preparation and Conduct of a Victim's Court Testimony" to:

• Get tips on preparing to testify;
• Know in detail how your testimony will proceed.

You may receive compensation (Witnesses Indemnities) for expenses incurred due to your testimony: lost time, transportation, meals, accommodation, etc.

Before leaving the courthouse, go to the criminal and penal registry counter to complete the necessary documentation for this purpose.