Frequently asked questions.
What is a Crown?
Crown counsel acts on behalf of all members of the public. They are also known as prosecutors. It is their job to present the Crown’s case against the accused. They do not represent the victim but represent the public and society.
Who else will be in the courtroom?
Defence counsel - is the lawyer(s) representing and defending the accused person
Judge - official in charge of the court proceedings. The judge will review all evidence and determine whether the accused person is guilty or not guilty of committing a crime. The judge will also sentence the accused if they are found guilty.
Jury - a group of citizens selected to review all evidence and decide whether a person accused of committing a crime is guilty or not guilty. Most criminal cases do not have juries and are decided by the judge alone. The jurors’ job is to form an opinion based on facts presented at trial and explanations about the law given by the judge. The jury’s decision is called the verdict and must be unanimous.
Court Clerk: supports the judge. The court clerk’s responsibilities include recording court proceedings, marking and recording the list of exhibits and swearing in witnesses.
Deputy Sheriff(s) - is responsible for the security and safety of everyone in the courtroom. If the accused or offender is being held in jail, the deputy sheriff brings them from the jail to the courtroom.
Is the courtroom going to be open to the public? Can anyone go watch?
The open court principle is of crucial importance in a democratic society. It ensures that citizens have access to the courts and can, as a result, comment on how the courts operate and on proceedings that take place in them. Public access to the courts also guarantees the integrity of judicial processes inasmuch as the transparency that flows from access ensures that justice is rendered in a manner that is not arbitrary but is in accordance with the rule of law. (CBC v. Canada (Attorney General), 2011 SCC 2.)
Members of the public and the media are welcome to attend sessions of the Court. In some circumstances, either legislation requires, or a judge may order, that a proceeding, or part of a proceeding, be held in private. In those circumstances, neither the general public nor the media may be present while Court is in session.
The presiding judge, however, has the ability to control court proceedings to ensure a fair trial and to protect the integrity of the process.
What do I wear?
The three C's are your guide; Comfortable, Conservative, Confident
Dress like you are going to an important job interview.
Avoid jeans, shirts with logos, open-toed shoes, or shorts. The most important part to picking your outfit is that you are comfortable and confident.
It is best to stay away from bold colours or crazy patterns.
Don't wear shoes you are not comfortable wearing or anything that might make you focus more on your clothing than your testimony.
Courtrooms can be either hot or cold so layers are your friend.
Jewelry and makeup should be kept to a minimum.
When should I arrive?
You should arrive at the courthouse 30 minutes before the scheduled appearance time written on the subpoena you received. If you are testifying in a city you are unfamiliar with, map out your route to the courthouse.
What's the court schedule?
Morning session - from 10:00 am to 12:30 pm, with a 15-minute adjournment (break) in between.
Afternoon session - from 2:00 pm to 4:00 pm, with a 15-minute adjournment (break) in between.
Can I/Should I bring anything with me on the stand?
Water will be provided when you testify. If you have a quiet small fidget toy, mention it to the crown but you should be able to bring it as long as it is not too distracting. Alternatively, a good Tori tip is to bring a pack of post-its. Accordion folding paper or rolling/folding them is a great way to keep your hands busy and divert some of the anxious energy. I ended up with a small pile of pink paper bow ties at the end of the day.
What happens when I am called to take the stand?
When you get to the stand, remain standing as the court clerk will ask you to affirm. Due to ongoing COVID restrictions, witnesses are not given the option between swearing or affirming.
The court clerk will read: Do you solemnly Affirm that the evidence you shall give shall be the truth, the whole truth, and nothing but the truth?
You respond with: "I do" "I affirm" or "Yes"
The clerk will read: Please state your full name and spell your first and last name for the record
You would respond with your name in the format of:
Jane Anne Doe, J-a-n-e D-o-e
(P.S. A lot of people forget their names, so if you make a mistake, don't worry!)
What if I need a break?
At any point in your testimony, you can ask the judge for a break. If it is close to one of the scheduled breaks the judge might ask if you can wait but you can still request one. If you feel like you need to take a minute to calm yourself and refocus in order to provide your testimony, ask for a break.
The accused is representing himself, will they be the one to ask me questions?
If the accused doesn’t have his or her own lawyer, another lawyer may be appointed to ask a witness questions. Talk to your designated crown counsel or your victim services worker if the accused does not have a lawyer representing himself.
What types of questions will they ask?
(Two crowns are never the same and questions will not be the same but this will give you an idea of what to expect)
During direct examination, crown will usually start by creating the narrative by guiding you through what happened with questions. These questions will be open-ended so as to not seem like crown is suggesting a specific answer. Here are some examples of questions:
Where did you meet _____?
When did the relationship start?
Where did you go afterwards? What happened after that?
Can you describe that for us?
During cross examination, counsel is allowed to ask leading questions. You will be able to tell the difference between the two types by the wording used. Most counsel will word questions like this:
If I were to suggest that this event actually took place in August of 2023?
And she was with you that night correct?
Do you recall telling Ms. Smith about the event in that meeting?
Was it your impression that...
Is it fair to say...
You agree with me that...
What if I were to say that...
Do you recall telling the investigating officer that you had been there before?
Was the hug before or after the date?
Can they ask me about my sexual history?
The short answer is No.
The long answer is: Rape shield legislation creates a procedure intended to eliminate elements of surprise and needless exposure of the complainant to inappropriate questioning. A strict procedure must be followed whenever an accused seeks to tender evidence under s. 276(2) (complainant sexual history):
1. Application in writing specifying in a detailed way the particulars of the evidence and why the defence claims it is relevant to an issue at trial.
2. If notice requirements are met and the trial judge believes that the potential evidence is capable of being admissible under s. 276(2), then, a voir dire is held to determine the admissibility of a particular line of questioning. The complainant cannot be compelled to testify at the voir dire.
3. If the application succeeds the trial judge must give mandatory reasons and specific reference must be made to the factors in s. 276(3).
There is a strict procedure put into place to protect victims from unnecessary trauma. Crown will object to any attempts to circumvent this rule.
Can I change my mind about testifying against the accused?
The prospect of testifying can be scary, and if you have concerns about testifying, please reach out to crown or your victim services worker. You are going to find that preparation beforehand and more information about the court process is going to make you feel a great deal more confident.
In some cases, it may be that you have changed your mind about testifying because you are afraid of the accused or of the consequences of a conviction. If this is the case, please express your concerns to your Victim Service Worker or Crown counsel as soon as possible.
I was just asked to leave the courtroom, did I do something wrong?
No! Not at all! The witness may be asked to exit the room so the lawyers can discuss something with the judge alone without the witness or jury present. This is to make sure anything that is said or any arguments that are made are not heard or could possibly influence the witness/jury. These interruptions can sometimes take a long time so I would recommend your support person and or Victim services worker leave the room with you.
What is a Victim Surcharge?
A victim surcharge is an additional penalty imposed on convicted offenders at the time of sentencing. Depending on the financial situation of the offender, it may be waived by the court.
The surcharge will be 30 percent of any fine imposed on the offender. Where no fine is imposed, the surcharge will be $100 for offences punishable by summary conviction and $200 for offences punishable by indictment.
In addition, the judge will retain the discretion to impose an increased surcharge where the circumstances warrant and the offender has the ability to pay.
It is collected and retained by the provincial and territorial governments and used to help fund programs and services for victims of crime in the province or territory where the crime occurred.
I heard that I can sue the accused in small claims court for restitution. Is this true?
Yes. Regardless of the outcome of a trial, a victim may sue the accused for damages or loss of property in civil court.
For further information on this process, contact your local justice access center or visit this website:
Justice Access Centres - Province of British Columbia (gov.bc.ca)
What is a publication ban?
A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial proceeding. In Canada, publication bans are most commonly issued when the safety or reputation of a victim or witness may be hindered by having their identity openly broadcast in the press.
2. Automatic Bans - 2.1 Criminal Code
Section 278.95 - makes it a criminal offence to publish, broadcast or transmit information from certain applications or hearings in cases involving sexual offences held to determine whether evidence regarding the prior sexual conduct of a complainant can be admitted during the trial. The ban also applies to the decision of the judge on the application unless the judge determines the decision can be published.
Section 278.9(1) - makes it a criminal offence to publish, broadcast or transmit information from certain applications or hearings to obtain records pertaining to a complainant or a witness. A hearing under s. 278.4(1) and s. 278.6(2) may be held in cases involving sexual offences. The ban also applies to the decision of the judge on the application unless the judge determines the decision can be published.
What is the sex offender registry (SOIRA)?
The Sex Offender Information Registration Act requires individuals convicted of designated sex offences to register with the police for 10 years, 20 years or for life depending on the offence and other factors. The purpose of the act is to help police prevent and investigate sex-related crimes.
The offender’s information is contained in the National Sex Offender Registry which is a database maintained by the RCMP. The database is not open to the public and cannot be used by police for public notifications.
What is a Jordan application?
Framework established in the decision R v. Jordan that set a limit for how much time can pass between the time someone is charged with an offence and the actual or anticipated end of a trial, minus any delays by defence. This limit is 18 months for provincial court trials and 30 months for supreme court trials.
Probation vs. Parole vs. Bail
Parole is a form of release from prison once a portion of a prison sentence has been served. Parole allows offenders to take concrete steps towards integrating back into society, steps aimed at reducing the risk of them committing another crime, also known as recidivism.
Probation, however, is not necessarily tied to a prison term. It can be the only sentence a person convicted of a crime receives.
Bail is when an accused is released prior to trial.
What is restorative Justice?
Restorative justice seeks to repair the harm caused by crime and violence by:
Addressing victims’ needs
Holding offenders meaningfully accountable for their actions
Engaging the community in the justice process
To achieve this, offenders must first accept responsibility for their role in an offence and the harm they have caused. Victims must also voluntarily choose to participate. Communities are given an opportunity to provide support, offer their input and assist in efforts to help the offender return to the community.
In this approach, crime is understood not only as breaking the law, but as a violation of people and relationships and a disruption of the peace in the community.
Restorative justice involves bringing together the victim, offender and some members of the community to discuss the effects of the crime. Everyone involved must agree to the meeting, at which they talk about the impact of the crime and how to address the harm that was done.
Some common restorative justice processes are:
Face-to-face discussions between the offender and victim, large group meetings with the victim, offender, family and supporters
Peacemaking or healing circles, often used within the indigenous community
Is there an indigenous-centred approach?
BC Corrections partners with the federal government to support the delivery of the national Indigenous Justice Program in 34 communities in B.C. These community-driven programs deliver culture-based services that range from court diversion, to client support and supervision, to community reintegration planning and support.
Indigenous justice partners are trained to deliver two of BC Corrections’ core programs – Respectful Relationships and Substance Abuse Management – to support program delivery in a culturally relevant and safe manner.
In addition, Indigenous justice workers are knowledgeable and skilled in the areas of:
Alternative measures;
Pre-charge diversion;
Pre-sentencing options;
Orientation to community corrections and the role of probation officers;
Foundations of corrections case management;
Bail and probation secondary supervision support;
Offender reintegration planning;
Program facilitation skills;
Restorative justice;
Healing plan development; and
Victim support.
A large proportion of community programs involve alternative dispute resolution in a variety of community contexts. In particular, the restorative justice approaches employed by many communities promote a holistic environment and serve as a valuable alternative to formal court processes. Examples of these approaches include:
Peacemaking, healing or sentencing circles
Community justice committees
Elders’ councils
Diversion protocol
Conflict resolution
Mediation
For more information: https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/understanding-criminal-justice/indigenous-justice
Can I stay in the courtroom after I testify?
The short answer is yes. Once you have finished giving your testimony, you may stay and listen to the remainder of the testimony. I recommend you discuss with Crown as to their view of you staying as certain crowns prefer victims not listen to the remainder of the proceedings in the event the case moves up to appeal court.
Your ability to remain neutral in expression should factor into your decision on if you would like to stay and watch, as other witnesses' testimony may be quite upsetting to hear.
I have a question that is not on this list...
Head over to the contact me tab and fill out the form. I am always happy to answer more specific questions as well as any suggestions of topics to add to this resource. My turnaround is about 24h to post/respond.