Preparing to testify and testifying in court if you are the victim

As the victim of a crime, you may be called to testify in the court proceedings against the person accused of the crime, for example at the bail hearing, preliminary inquiry or trial.

In general, witnesses must explain to the judge what they know about the incident that occurred. As the victim, you will have an opportunity to explain to the judge what you experienced and what you observed.

Before you testify, the judge knows nothing about what you experienced. The only information about the crime that the judge has is

• a document setting out the charges against the accused;
• your name or, if your identity is protected, your initials.

You should not hesitate to explain everything you saw and experienced.

At the end of the court proceedings, if the accused is found guilty, you will be given an opportunity to take part in the sentencing hearing. If you accept, you will testify in order to

• let the judge know how you have been affected by the crime (material loss, physical or mental injury, stress, or financial loss);
• explain how the crime has affected your relationships with other people (your spouse, your partner, children, friends, etc.).

You can take part in the sentencing hearing by filling a victim impact statement.

It is normal to feel anxious about testifying in court, especially if the accused is present. Testimonial aid and support measures can make it easier.

If you want to take advantage of one or more of these measures, you should let the criminal and penal prosecuting attorney (the prosecuting attorney) know. The prosecuting attorney will then ask the judge to authorize the measures.

The prosecuting attorney may also ask for measures to protect your privacy.

The network of assistance centres for persons who are victims of criminal offences (CAVACs)  can provide support before you testify. In addition, you can ask for a caseworker to meet you and provide support on the day you testify in court.

The CAVAC network has developed a child witness program (programme Témoin Enfant) for people under the age of 18 who are called to testify in a criminal or penal court.

The following documents provide more information about the program:

• Video The Youth Witness Program of the Crime Victims Assistance Centre Netword 
• Information Pamphlet Child Witness Program 

CAVAC services are provided free of charge and are confidential.

You are eligible to receive certain indemnities and allowances to reimburse you for the expenses incurred in testifying, for example for accommodation, travel, parking, meals, loss of time, etc.

If you are called as a witness, you have an obligation to attend court. Your testimony can provide key evidence.

However, as the victim of a crime, you will not necessarily be called as a witness.

The prosecuting attorney will try to limit the need for you to testify, and even to exempt you from testifying, if that is what you want. The prosecuting attorney can rely on other evidence (documents, recordings, DNA swabs and other evidence collected from the crime scene, etc.) if the circumstances of the case allow this.

The section Your Rights on the Testifying in court page explains your rights in terms of

• protecting your identity;
• keeping your address confidential to ensure your safety;
• taking time off work;
• obtaining protection against intimidation.

Any facts that you admit to while testifying cannot be used against you in another case, except if

• you lie to the court;
• your testimony is contradictory.

Subpoena

You will receive a subpoena, a document sent by the prosecuting attorney to call you as a witness. The document may also be called a summons, an appearance notice or a direction to attend.

You will receive it at least 15 days before the date on which you must appear in court, depending on the circumstances.

The document will indicate the place, date and time when you are required to attend court.

If you are unable to testify

You must inform the prosecuting attorney if you cannot be present on the date on which you are called to testify for a serious reason, such as the funeral of a close relative or friend on the same day.

In turn, the prosecuting attorney will let you know as soon as possible if the date for your testimony has changed, give the reasons for any postponement, or tell you that your presence is no longer needed.

Preparing to testify

Before the trial, the prosecuting attorney will meet with you to help you prepare.

It is normal to experience stress, or even feel afraid. You should let the prosecuting attorney know about any fears you may have.

You can testify in either English or French.

If you do not have sufficient knowledge of English or French, or a hearing impairment, you can ask the prosecuting attorney for the services of an interpreter.

The prosecuting attorney will explain the court rules you must obey. They include speaking politely to the judge and the people who ask you questions (using the “vous” form in French), dressing appropriately, switching your cellphone off while in the courtroom, etc.

The prosecuting attorney may explain the steps in the process for testifying and the role of each person in the court system (in French only) including the defence lawyer for the accused, who will cross-examine you.

You should take the time to recall the facts of the incident as you experienced them.

The prosecuting attorney will give you an opportunity to reread your written statement or view the video recording of your statement to the police.

The objective is to refresh your memory; there is no need to memorize your statement or the supporting documents. You must testify to the best of your ability about the incident as you remember it.

The police officer in charge of the investigation will work with the prosecuting attorney. At the prosecuting attorney’s request, it may be this police officer who gives you a copy of your statement or helps you view the video recording.

If you want to change or correct your statement after reading the transcript of your interview or viewing the video, the police officer will take a new statement.

The prosecuting attorney will remind you about the importance of telling the truth when you testify.

If you meet the legal criteria and if possible in the circumstances, you can testify on line using an electronic device. If you want to testify on line, the prosecuting attorney will ask the judge to authorize it.

During the meeting to prepare your testimony, you can ask the prosecuting attorney to see a courtroom. If a courtroom is available on the date of your meeting, the prosecuting attorney will show you around.

Preparatory meeting for some specific victims

The prosecuting attorney will schedule a meeting prior to testifying for victims of sexual assault, victims of domestic violence and victims under the age of 18.

At the meeting, the prosecuting attorney will inform you of the steps in the court hearing during which you will testify.

The prosecuting attorney will provide information on

• your participation in the trial;
• your rights as a victim;
• the measures that can be applied to make it easier for you to testify.

The prosecuting attorney will answer your questions and take your concerns into account.

The prosecuting attorney will help you prepare to testify in court and assess whether measures to ensure your safety and the safety of your close family and friends are needed.

Your family, a trusted person of your own choice or a CAVAC caseworker may be present with you at these information meetings.

However, these people cannot be present at a meeting with the prosecuting attorney when the facts of the crime are discussed. For this part of the meeting, you will meet with the prosecuting attorney alone.

To prepare for the day on which you are to testify, try to go to bed early and make sure you get enough sleep.

Make sure you have eaten, or bring a snack with you. No drinks are allowed in the courtroom, but you will be given water when it is time for you to testify. If you take medication, bring your daily doses with you.

Dress comfortably.

Bring your subpoena with you, and keep the receipts from any expenses involved in testifying. You can present them later to have them reimbursed. You can ask the prosecuting attorney how to get a reimbursement.

Go to the courthouse on the day and at the time indicated on the subpoena. Inform the police officer responsible for the case, or the prosecuting attorney, that you have arrived, and go to the place where you are asked to wait.

In some cases, you will be asked to wait outside the courtroom. You can bring something to read, or use the Internet connection if one is available.

Testifying

When it is time for you to testify, you will be called by the judge and asked to go to the witness stand. This is the place in the courtroom where witnesses answer questions.

You must stand to testify. If you have a medical condition that makes it difficult for you to stand, you can ask to remain seated. You should tell the prosecuting attorney if you need specific assistance or adaptations because of a disability.

Your testimony begins after you have sworn an oath on the Bible, or made a solemn declaration, to tell the truth.

You must speak in a clear and audible voice. An audio recording, but not a video recording, will be made of the trial, and so if you use a gesture to describe something, you must also state it in words.

You can ask to take a break if you feel unwell and unable to continue your testimony.

During your testimony, the prosecuting attorney or the defence lawyer for the accused may make an objection. This means that they indicate to the judge that they object to the question that has just been asked by the opposing party.

If this happens, you should stop speaking and wait for the judge’s instructions before answering the question. It is possible that the judge will ask you to leave the courtroom while dealing with the objection.

You can testify in English or French.

If you are deaf or hard of hearing, or if you do not understand English or French well enough, we can provide you with the services of an interpreter.

Direct examination

The prosecuting attorney will be the first to question you, and will ask questions allowing you to describe the facts of the crime in which you are the victim: the place where the incident occurred, the people present, the words spoken, the actions taken, etc.

The questions indicate the topics you should address, but it is up to you to describe the incident. You should provide as many details as possible.

You do not need to look at the accused. You should answer the prosecuting attorney’s questions, but speak directly to the judge, describing the facts you observed or of which you were aware, in a clear, detailed and precise way. Remember that this will be the first time the judge hears this information.

Cross-examination

Next, the defence lawyer for the accused will cross‑examine you.

If this is what you prefer, the prosecutor can ask the judge to prevent the accused from cross-examining you, if he or she is representing himself or herself in court.

You must answer the defence lawyer’s questions, once again speaking directly to the judge.

The defence lawyer may ask you questions that you find unpleasant. It is important not to take this personally. You should keep calm and answer the question you are asked.

The prosecuting attorney will ensure that all the questions you are asked are lawful, and will object to any question that is unlawful, irregular or abusive. This is to protect your rights and uphold the legality of the court process.

The following advice applies to your cross examination :

• Listen to the questions carefully.
• Ask for the lawyer to be more specific if you do not understand the question.
• If a question contains an error or false information, correct it before answering.
• Take all the time you need to think before answering.
• Focus on answering the question, without trying to anticipate the next question.
• Answer the questions honestly, even if the same question is repeated several times and you find this irritating.
• If a new question is asked before you have finished answering the previous question, state this fact to the judge.
• If you cannot remember something, say so.

After the cross‑examination, the prosecuting attorney may re-examine you to clarify your answers and dissipate any doubts raised by the defence.

Myths, bias and stereotypes

Have you been the victim of a sexual crime? During the cross-examination, the prosecuting attorney will object if the defence lawyer bases questions on myths, bias or stereotypes about the victim and the notion of consent, and especially in connection with

• your reaction and your behaviour when the crime was committed;
• your sexual preferences;
• your physical characteristics;
• statements about your age, religion or sexual experience.

Duration

There is no time limit for your testimony. Depending on the case, it can last from less than one hour up to a full day, or even longer.

Your testimony ends when you are released by the judge. The prosecuting attorney will tell you if you can stay in the courtroom.

Presence of the accused

During the trial, the accused is entitled to be present in the courtroom at all times.

The accused is required to be present when witnesses, including you, are heard. Measures to make testifying easier (testimonial aids) are available so that you can avoid having visual contact with the accused.