A witness is a person who saw a crime or was a victim of a crime. A witness can be subpoenaed (ordered to attend court) as set out in the Criminal Code of Canada or by a criminal proceeding in the NWT. Witnesses are called to court to answer questions about a case. The information a witness gives in court is called testimony and is used as evidence to set out the facts of the alleged crime.
Receiving a subpoena (summons)
If you were a victim of a crime or witness to one, you may receive a subpoena telling you when you have to come to court, and who is calling you to court. The Crown prosecutor or defense lawyer will probably talk to you to find out what you know about the case before they decide to call you as a witness. At this stage you do not have to answer their questions unless you want to; but if either lawyer subpoenas you as a witness, you must go to court.
If you receive a subpoena, you should arrange for time off work and for someone to look after your children while you are in court. Your employer must give you time off to go to court, and can't fire you or penalize you for the time off, but is not required to pay you. It is hard to say how long you will be in court. A legal proceeding could take hours or days; and you could be required to go to court more than once. You must be available to the court until the judge lets you leave. If you don't go to court when you are supposed to, the judge can charge you with contempt of court and issue a warrant for your arrest.
Ask the lawyer who subpoenaed you if you are eligible to apply for witness expense assistance. Witnesses who are required to attend court in a community outside of their home community can receive assistance with the expenses involved in travelling to another community. If you have been subpoenaed by the prosecution lawyer (Crown or PPSC), please contact the Civilian Witness Travel Coordinator at 867-669-6900.
When you go to court, you should bring the subpoena, as well as any documents or other items that are listed in the subpoena or that the lawyers and police have asked you to bring. If you think you will need some of the documents, you should make copies of them for yourself; as it may be a long time before the originals are returned to you.
When the trial starts, you may have to wait outside the courtroom until it is time for you to testify if the judge is concerned that listening to the trial could change your testimony. Depending on the situation, you may have to wait with other witnesses and the accused. The police and the sheriffs will be there to provide security but if you are uncomfortable being near other witnesses or the accused you should ask the lawyer who subpoenaed you if you can wait in a separate room.
Testifying
When you are called to testify, you move to the front of the courtroom near the judge and the clerk has you swear to tell the truth. You must tell the truth when testifying. Lying in court is a crime called perjury, and you can be sentenced with a jail term of up to 14 years. If you make a mistake, tell the lawyer who subpoenaed you and they will make sure your error is corrected in court.
The lawyers will start with some simple questions about you and try to determine what you know about the alleged crime. Make sure your answers are based on what you actually saw and heard, and not on what you think probably happened - it's ok to say that you don't know. Do not give opinions unless one of the lawyers asks you to.
It can be difficult to testify in court; usually the accused is in the courtroom, and you could be asked questions that make you uncomfortable such as the details of the alleged crime. The judge decides whether or not you have to answer the lawyers' questions. If you refuse to answer a question that the judge allows, you can be found in contempt of court and sent to jail for a short time. Most criminal proceedings are open to the public, and your testimony is recorded on the court transcript.
Be polite. It can be stressful testifying, and the opposing lawyers can sometimes seem aggressive and picky. Remember it is their job to test the evidence! If you get upset or confused, you can ask the judge for time to calm down.
Don't talk about your testimony with anyone until you testify. You can talk to other people about the case you have finished testifying, but if it is a jury trial you cannot speak to any member of the jury at any time. If anyone tries to get you to alter your testimony, tell the Crown attorney or the police right away. Harassing or attempting to influence a witness is a crime punishable by up to 10 years in jail.
If you have additional questions about testifying in court as a witness or victim, you should contact victim services, or the office of the Public Prosecution Service of Canada.
Victim Services
Community Justice
Government of the Northwest Territories
4903 49th St
POBox1320
Yellowknife
NT
X1A 2L9
Canada
FAQs
You must tell the truth when testifying. Lying in court is a crime called perjury, and you can be sentenced with a jail term of up to 14 years. If you make a mistake, tell the lawyer who subpoenaed you and they will make sure your error is corrected in court.
What is the victim called in a criminal case? ›
In the criminal system, a victim is considered a witness for the prosecution rather than a party to the case. The two parties in the case are the Government (prosecution) and the Defendant; the Government may or may not take the victim's wishes into account when making its case against the Defendant.
What is a demand to appear in court as a witness called? ›
A subpoena is an official notice to appear in court at the time and place specified. You are called to testify because it is believed that you have information relevant to a criminal case against the defendant.
Which criminal justice professional typically displays empathy to a victim of robbery? ›
Typically, criminal justice professionals who interact with victims of robbery, such as police officers and detectives, display empathy to the victim by showing understanding and concern for their situation.
What are the effects of being a victim of crime? ›
Frequent responses to a criminal victimization include, but are not limited to: shock; numbness; denial; disbelief; anger; and, finally, recovery. These are some ideas that may help you cope with the trauma or loss: Find someone to talk with about how you feel and what you are going through.
What qualifies someone as a victim? ›
A victim is a person who suffers direct or threatened physical, emotional or financial harm as a result of an act by someone else, which is a crime.
What is the victim term in court? ›
Prior to the passage of Proposition 9, "Victim" was defined under the Penal Code "as the person against whom a crime had been committed." With the passage of Proposition 9, "victim" as used in the California Constitution article I, § 28 is defined as "a person who suffers direct or threatened physical, psychological, ...
What happens when you are called as a witness in court? ›
When you are called to testify, you move to the front of the courtroom near the judge and the clerk has you swear to tell the truth. You must tell the truth when testifying. Lying in court is a crime called perjury, and you can be sentenced with a jail term of up to 14 years.
What does it mean to be called as a witness in court? ›
A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant. Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation.
What is a witness of a crime called? ›
Witnesses can be court witnesses (who provide evidence at trial), adverse witnesses (or hostile witnesses), earwitnesses (who testifies about something that they heard and did not see), character witnesses (usually in criminal matters about a party's reputation), rebuttal witnesses (offered to counter other evidence), ...
Physical, emotional, and psychological safety are all important for victims in the aftermath of crime. Recognize that victims' safety concerns may also extend to children, family members, friends, and others.
What are the effects of victimization of theft? ›
You may feel intense sadness and grief over lost possessions. You may fear that the robber will return. You may have nightmares or flashbacks about the robbery. You may find that you startle more easily at little noises or abrupt movements.
Does empathy reduce crime? ›
Empathetic people are less likely to engage in delinquency or crime.
What are the 4 stages of victimization? ›
Casarez-Levison (1992) discussed victimization as a process where a person moves from a pre-crime state (Previctimization), to the crime event itself (Victimization), to initial coping and adjustment (Transition), and finally to a state where being a crime victim is just part of one's life experience (Resolution).
What is a victim impact sentence? ›
A Victim Impact Statement tells the court how a crime has affected you and any victim of any crime can make one. If you choose to make a Victim Impact Statement: it will be used at the plea hearing. the judge may talk about it at the sentencing hearing when explaining the penalty (sentence)
Why are victims so important to the criminal process? ›
Victim is a party and is entitled to all important information relating to the case, and can make decisions about the direction of the case such as settlement of the claim.
Is the victim the plaintiff in a criminal case? ›
In a civil case, the complainant is the plaintiff. In a criminal case, the complainant is the state. complaint: In civil cases, a written statement filed by the plaintiff that starts a case.
What is another name for the accused person in a criminal case? ›
Defendant. A person who is charged with a criminal offence. Another word for “an accused” is “defendant”.
Is the victim of a crime the plaintiff? ›
In criminal cases, the plaintiff is typically identified as “The People,” which is the State on behalf of the victim. The defendant is the individual(s) being accused of a crime or code violation.
What is a victim versus defendant? ›
Victim: an individual who has suffered direct physical, emotional, or economic harm as a result of the commission of a crime. Defendant: the person accused of committing a crime.
