Testifying in court behind a screen or using a videolink

If you are the victim of a crime, whatever the nature of the crime, you can testify in court, with the court’s authorization

• from behind a screen, panel or device that ensures that you cannot see the accused or the general public in the courtroom;
• from another room in the courthouse, that is not the courtroom where the trial is taking place, using a closed-circuit television system (videolink).

Although you are still in the courtroom, you will not be able to see the accused because of the screen or other device set up around you.

However, from your place you will still be able to see the judge and the criminal and penal prosecuting attorney (prosecuting attorney) when they ask you questions.

If you are accompanied by a support person, the person will remain at your side while you testify.

When you are cross-examined, the accused’s lawyer (the defence lawyer) will come to your side of the screen to question you. The accused will not be able to move in order to catch sight of you.

Measures will be in place to ensure that you do not have to encounter the accused when you enter or leave the courtroom.

For example, the accused will only be allowed to enter once you have taken your seat in the courtroom, and will have to leave while you are still behind the screen once you have finished testifying.

Using a videolink, you will be able to address the court via a camera, which films you and transmits your testimony to the courtroom.

The people in the courtroom (the judge, the accused and the general public) will be able to see you on TV monitors placed in the courtroom. They will still be able to see you if the sound is cut, for example while an objection is discussed.

The courthouse where the trial takes place must have the necessary equipment to offer you this option. The equipment must allow

• the accused and the judge to see your testimony from the courtroom;
• the accused to communicate with his or her lawyer during your testimony.

Before you testify, you will be taken to the room containing the closed-circuit TV system. If you are accompanied by a support person, he or she will be seated behind you.

The defence lawyer can ask for your testimony to be suspended in order to speak to the accused.

To testify from behind a screen or by videolink, you can ask the judge or the prosecuting attorney, who will pass your request on to the judge.

You may have to testify before the judge to justify the request made by the prosecuting attorney. The prosecuting attorney may also call for testimony from your doctor, a family member, or the caseworker accompanying you during the court proceedings.

The judge, except if he or she considers that it will hinder the proper administration of justice, must grant the request if

• you are under the age of 18 on the date you testify (and not the date of the crime);
• you have a physical or intellectual disability that makes communicating facts more difficult for you.

In other cases, the judge may authorize you to testify behind a screen or by videolink if he or she believes that it will

• help you give a full and candid account of facts on which the charges are based;
• serve the proper administration of justice.

If you are aged 18 or over and have no physical or mental disability, the judge will consider the following factors to decide whether to authorize you to testify behind a screen or by videolink:

• the nature of the crime and your relationship with the accused;
• your safety and 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.