Type of document: Prosecution Directive
Effective date: November 14, 2017

Victims of crime should be treated with courtesy, candour, respect and dignity. The rights of victims to information, protection, participation and restitution are recognized by the Canadian Victims Bill of Rights and the Ontario Victims’ Bill of Rights. Prosecutors must display sensitivity, fairness and compassion in their dealings with victims.

A victim is a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a criminal offence. In cases where, the victim is deceased or incapable of acting on their own, the Prosecutor should deal with the individual who is acting on the victim’s behalf.

The Prosecutor must ensure that efforts are made to inform victims of available victim services. The Ministry of the Attorney General Victim/Witness Assistance Program provides information, assistance, and support to the most vulnerable victims of crime. The providing of information enhances their understanding of, and participation in, the criminal court process.

Victims have the right to convey their views about decisions to be made that affect their rights under the Canadian Victims Bill of Rights and to have those views considered.

Reference should also be made to the Sexual Offences against Adults, Offences against Children and Intimate Partner Violence and Indigenous Peoples Directives.

Information provided to the victim

Sensitivity to the perspective of victims, the nature of their victimization, their privacy interests, and their personal security must be considered at every stage of the prosecution.

Where necessary, the Prosecutor should be available to discuss the case with the victim. If the victim is required to testify, the Prosecutor should prepare the victim and determine whether any testimonial aids or accommodations are needed.

The Prosecutor must ensure that efforts are made to advise the victim of significant information throughout the proceedings. This will include:

  • the judicial interim release of an accused including the conditions of release
  • the detention of the accused and any non-communication order
  • the availability of publication bans to protect the victim’s privacy
  • the availability of testimonial aids to assist the victim in providing evidence
  • the availability of interpreters
  • a proposed resolution (e.g., a guilty plea and proposed sentence)
  • that the charges will be withdrawn
  • the availability of counsel to cross-examine the victim where the accused is self-represented
  • an application brought by the accused to obtain the victim’s private records and the victim’s right to independent legal advice
  • an application brought by the accused to admit evidence of the victim’s previous sexual activity
  • any appeals brought by the accused or the Prosecutor and the progress of those appeals.

Resolution discussions and sentencing

As soon as feasible, the Prosecutor must ensure reasonable steps are taken to inform the victim of a proposed resolution (e.g. a guilty plea or proposed sentence) or that the charges will be withdrawn.

Victim impact statements

The Criminal Code directs the court to ask the Prosecutor if reasonable steps were taken to provide the victim with an opportunity to prepare a victim impact statement. As soon as feasible after a finding of guilt, the Prosecutor must ensure reasonable steps are taken to provide the victim with the opportunity to prepare a Victim Impact Statement, and inform the victim of their right to present it to the court and their other options.

Community impact statements

The Criminal Code provides that in determining sentence the court must consider any statement prepared by an individual on a community’s behalf describing the harm or loss suffered by the community as the result of the commission of the offence and the impact of the offence on the community.

Restitution

The Criminal Code directs the court to consider making a restitution order and to ask the Prosecutor if reasonable steps have been taken to provide the victim with an opportunity to indicate whether they are seeking restitution. As soon as feasible after a finding of guilt, the Prosecutor must ensure reasonable steps are taken to provide the victim with an opportunity to indicate whether the victim is seeking restitution for their losses and damages.