If you have experienced a crime, or you have been asked to be a witness in a criminal case in Ontario, the process ahead can feel unfamiliar and, at times, overwhelming. This page is written specifically for victims and witnesses, separately from the rest of this site, which is generally written from the perspective of someone accused of an offence. It offers general information, with a respectful and trauma-informed approach, about what the process can involve and where to find support.
If You Are a Victim or Witness
Being a victim of a crime, or being asked to be a witness, can bring up a wide range of emotions, including fear, anger, confusion, or relief that something is finally being addressed. There is no single right way to feel, and support is available regardless of whether a case results in charges, a conviction, or another outcome. This page focuses on the practical parts of the process, while recognizing that the emotional experience is just as real and important.
Whether you choose to report an offence, participate in a criminal case, or seek support without pursuing a criminal case at all is generally your decision. Victim services organizations, listed below, can help regardless of which path you choose.
If you are looking for information as someone who has been accused of an offence, the rest of this website, starting with our homepage, is written from that perspective. This page exists separately so that victims and witnesses can find information relevant to their own situation without having to sort through content written for accused persons.
Reporting an Offence
Reporting a crime to police is generally the first step if a criminal case is to proceed, though support services are available whether or not a report is made. If you choose to report, you can generally expect police to ask questions about what happened, though the process is meant to be conducted respectfully, and services exist specifically to support victims through this process.
Deciding whether, and when, to report can be a difficult decision, particularly in sensitive cases. Victim services organizations can generally provide support and information to help with this decision, without pressuring a person toward any particular choice.
There is no requirement to have all the details organized or perfectly remembered before making a report. Investigations are generally structured to gather information over time, through multiple conversations if needed, rather than requiring a single, complete account at the outset.
Victim Services in Ontario
A range of victim services exist in Ontario to provide emotional support, practical information, and referrals to other resources. These services are generally free and are meant to support victims regardless of whether a case proceeds through the criminal justice system. Our page of official resources includes a placeholder link to victim services information, pending verification of current contact details.
Support is often available for a wide range of needs, including help understanding the criminal justice process, emotional support, safety planning, and referrals to counselling or other community resources. Reaching out to a victim services organization does not require having already reported an offence to police.
Many victim services programs can also help with practical matters, such as understanding available financial assistance programs, applying for time off work, or accessing interpretation and language support. Support workers can generally help identify which specific programs and resources are relevant to an individual situation.
If you are in immediate danger, contacting emergency services is the appropriate first step. Victim services can provide ongoing support alongside, or separate from, any police involvement.
Support for Family Members
Family members and loved ones of a victim are often deeply affected as well, and many victim services organizations extend support to them, not only to the person directly affected by the offence. This can include emotional support, general information about the process, and help understanding how to best support a loved one through a difficult time.
It is common for family members to feel a strong urge to take action, whether by confronting the accused person, sharing details widely, or pushing for a specific outcome. Channeling that energy into supportive, practical steps, such as helping a loved one connect with victim services or attend appointments, is generally more constructive than direct involvement in the legal process itself, which is handled by police, the Crown, and the courts.
Child Victims and Witnesses
Cases involving child victims or witnesses generally involve additional considerations, including specialized interview techniques used by police and, where a case proceeds to court, testimonial accommodations designed with a child's needs in mind. Victim services organizations often have specific programs and expertise for supporting children and their families through this process.
Parents and guardians supporting a child through this process are generally encouraged to reach out to victim services early, since specialized support can make a meaningful difference in how a child experiences the process, from initial disclosure through to any court involvement.
What Happens After a Report Is Made
After a report is made, police generally investigate, which can involve further questions, gathering evidence, and speaking with other witnesses. Whether the investigation leads to a charge depends on what the investigation finds. If a charge is laid, the case generally proceeds through the criminal court process described elsewhere on this site, including first appearances and, potentially, a trial.
It is important to understand that the pace of a criminal investigation and prosecution is often slower than victims and witnesses might expect or hope. This is generally a function of how the system works, including disclosure and court scheduling, rather than a reflection of how seriously a specific case is being taken.
If a decision is made not to lay a charge, or a charge is later withdrawn, this can be a particularly difficult outcome for a victim to process. These decisions are generally made based on an assessment of the evidence and the likelihood of a conviction, among other factors, and victim services can provide support in understanding and coping with this kind of outcome, even though they are not able to change the decision itself.
Being Asked to Testify: Subpoenas
A subpoena is a legal document requiring a person to attend court to testify. If you receive a subpoena, it is generally important to take it seriously and to attend as required, since failing to do so without a lawful excuse can have legal consequences. If attending on the specified date is genuinely not possible, contacting the Crown's office listed on the subpoena as soon as possible is generally the appropriate step.
Receiving a subpoena does not mean you have done anything wrong. Witnesses, including victims, are generally subpoenaed simply because their evidence is considered relevant to the case.
A subpoena generally specifies a date, time, and location, though trial schedules can sometimes change, including delays or adjournments beyond anyone's control. Staying in contact with the Crown's office or a victim witness assistance program can help you stay updated if the schedule changes after a subpoena has been issued.
Preparing to Testify
Before testifying, it is common, and generally encouraged, to meet with the Crown attorney or a victim witness assistance program to understand the general process and what to expect. This meeting is generally not an opportunity to rehearse specific answers, but rather to understand the courtroom process, ask questions, and address any concerns about safety or comfort.
Testifying can be a stressful experience, particularly when it involves recounting a difficult event in a formal, public setting. Support people and victim services staff are often available at the courthouse to help before and after testifying.
Testimonial Accommodations
Canadian law allows for certain accommodations to help some witnesses testify, such as testifying behind a screen, by closed-circuit television, or with a support person present, depending on the type of case and the witness's circumstances. Whether a specific accommodation is available and appropriate depends on the case and applicable rules, and the Crown attorney or victim witness assistance program can provide guidance specific to a particular case.
Requests for testimonial accommodations are generally made in advance of the trial date, which is another reason meeting with the Crown attorney or victim witness assistance program well before testifying is valuable. Raising concerns about comfort or safety early gives the system time to consider what accommodations may be appropriate.
Publication Bans
In some cases, a court can impose a publication ban that generally restricts public reporting of certain details, such as a complainant's identity. Publication bans are more common in certain types of cases and exist to protect specific interests, such as the privacy of a victim or witness. If you are involved in a case that may include a publication ban, the Crown attorney or victim services can explain what it covers.
A publication ban does not generally prevent a victim from speaking about their own experience privately, such as with a counsellor, support person, or close family member, but it can restrict what may be shared publicly, including on social media. If you are unsure whether something you want to share is covered by a publication ban, checking with the Crown attorney or victim services first is generally the safer approach.
Victim Impact Statements
If a case results in a finding of guilt, a victim generally has the opportunity to prepare a victim impact statement, describing in their own words the physical, emotional, or financial impact of the offence. This statement is generally considered by the court as part of sentencing, alongside the other factors discussed in our overview of criminal sentencing. Victim services can generally provide support and guidance in preparing this statement.
Restitution
In some cases, a court can order restitution, requiring an offender to compensate a victim for certain financial losses connected to the offence. Whether restitution is ordered, and what it covers, depends on the specific case and the evidence presented about the losses involved. A victim witness assistance program can generally provide information about how to raise a restitution request in a specific case.
Keeping records of financial losses connected to an offence, such as receipts, invoices, or documentation of missed work, can be helpful if restitution becomes relevant to a case. It is generally worth raising this documentation with the Crown attorney or victim witness assistance program as early as possible, since it can take time to gather and organize.
Getting Updates About a Case
Victims and witnesses generally have ways to receive updates about a case, including through victim witness assistance programs connected to the courthouse handling the matter. Because criminal cases can take time and involve many procedural steps, staying in contact with these support services can help you stay informed about significant developments, such as upcoming court dates or changes to release conditions.
It is generally a good idea to provide up-to-date contact information to the victim witness assistance program handling a case, and to update it promptly if it changes, so that important notifications, such as a change in a court date or a change in an accused person's release status, can reach you without delay.
Safety Planning
If safety is a concern, victim services can generally help with safety planning, which might include discussing options related to release conditions, connecting with community resources, or planning for court dates in a way that reduces the chance of unwanted contact. If release conditions are in place, such as a no-contact condition, and you are concerned about compliance, contacting police or the Crown's office is generally the appropriate step, since only the proper authorities can address a suspected breach.
Safety planning can also include practical steps such as varying daily routines, informing a trusted employer or coworker about the situation, and keeping a record of any contact or attempted contact by the accused person, even if it seems minor. This kind of documentation can be important if a breach of conditions needs to be reported.
Frequently Asked Questions
Do I have to report a crime to get support from victim services?
No. Victim services are generally available regardless of whether a report has been made to police.
What happens if I ignore a subpoena?
Ignoring a subpoena without a lawful excuse can have legal consequences. If you cannot attend as required, contact the Crown's office listed on the subpoena as soon as possible.
Can I get help preparing to testify?
Yes, victim witness assistance programs generally help witnesses understand the process and prepare, without coaching specific answers.
Will my name be made public if I testify?
This depends on the case and whether a publication ban applies. The Crown attorney or victim services can explain what protections may be available in a specific case.
What if I'm worried about my safety because of release conditions?
Contact police or the Crown's office about any concerns regarding compliance with release conditions, and consider reaching out to victim services for safety planning support.
Can family members access victim services too?
Yes, many victim services programs extend support to family members and loved ones, not only the person directly affected by the offence.
Is there special support for child victims or witnesses?
Yes, cases involving children generally involve additional considerations and specialized support. Victim services organizations often have specific programs for children and their families.