Testifying in court with a support person or support dog

If you are the victim of a crime, whatever the specific crime involved, you can testify in court accompanied by a support person or support dog if authorized by the judge.

The support person may be

• a caseworker from an organizations that provides support for crime victims;
• a member of your family;
• a friend;
• any other significant person in your life.

The person cannot be somebody who will testify in court in the same case, unless the judge lifts this condition.

Instead of a support person, you can ask to be accompanied by a support dog, who will stay by your side while you testify. However, this service is not available in all Québec courthouses.

Support dogs provide reassurance and reduce the anxiety caused by testifying.

Watch this video to find out more about the role of support dogs (in French only) 

You may want to have a support person or support dog by your side when you testify.

You can make this request to the judge, or to the criminal and penal prosecuting attorney (prosecuting attorney) dealing with your case, who will then pass it on to the judge.

The request can be made at any time during the court proceedings (the accused’s bail hearing, preliminary inquiry, trial, etc.). Before requesting the presence of a support dog, the prosecuting attorney must check to see if one is available in your region.

You may have to appear before the judge to justify the request presented by the prosecuting attorney. The prosecuting attorney may also call for testimony from a health professional, 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.

In other cases, the judge may authorize the presence of a support person or support dog 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 grant the request:

• 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.