Protection from cross-examination by an accused person who is self-represented

During criminal proceedings (such as a bail hearing, a preliminary hearing or a criminal trial), the accused person can choose to be represented by a lawyer, or can choose to self-represent without the assistance of a lawyer.

If you are testifying in court, the defence lawyer, or the accused person if self‑represented, has the right to ask you questions during the part of your testimony when you are cross-examined.

The purpose of cross-examination by the defence is to test the reliability and credibility of your testimony, and to raise a reasonable doubt about the guilt of the accused.

If the accused is self-representing, you can ask the judge to order the accused not to cross‑examine you. This will spare you the experience of having to answer questions from the accused.

To obtain protection from cross‑examination by the accused, you can either

• ask the judge to make an order; or
• ask the criminal and penal prosecuting attorney (the prosecuting attorney in the case) to make a request to the judge on your behalf.

The judge must make an order preventing the accused from cross-examining you during your testimony to the court if

• you are a victim of criminal harassment or sexual assault;
• you are under the age of 18 on the date of your testimony.

The judge will then appoint a lawyer to conduct the cross-examination.

The only exception to this rule is if the judge is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination, which is unusual.

In all other situations, the judge may make an order preventing the accused from cross-examining you if the measure

• would allow you to give a full and candid account about the facts that led to the charges ; or
• would otherwise be in the interest of the proper administration of justice.

Before making a decision, the judge takes a number of factors into consideration, including

• your age;
• whether or not you have a mental or physical disability;
• the nature of the crime and your relationship with the accused;
• your safety or protection against intimidation and retaliation;
• society’s interest in encouraging the reporting of crimes and the participation of victims in the justice system;
• any other relevant factor.

After making an order to prevent the accused from cross-examining you, the judge will appoint a lawyer to conduct the cross-examination.