Being asked to testify in a criminal case can feel overwhelming, especially for someone who has never been inside a courtroom before. This page focuses on the practical, human side of testifying as a victim or witness in Ontario: what leads up to it, how to prepare, and generally what the day itself can look like. For the underlying legal mechanics of testimony, including how questioning works, see our companion pages on testifying at trial and cross-examination, which this page does not repeat in the same depth. It is general information only and not legal advice.
Receiving a Subpoena
For most victims and witnesses, the process of testifying starts with receiving a subpoena, a legal document requiring attendance at court on a specific date to give evidence. Our page on subpoenas explains what this document generally requires and what to do if there is a genuine scheduling conflict. Receiving one does not mean you have done anything wrong; it generally means your evidence is considered relevant to the case.
Meeting With the Crown Beforehand
Before the scheduled court date, it is common, and generally encouraged, for a victim or witness to meet with the Crown attorney handling the case, sometimes with a victim/witness assistance program worker also involved. This meeting is generally an opportunity to understand the general process: where to go, roughly what will happen, who will be in the courtroom, and what kinds of questions might come up in general terms.
This is also a chance to raise any concerns, such as safety worries about seeing the accused, or practical questions about scheduling, accessibility, or support needs. See our overview of victim services in Ontario for more on the kind of support a victim/witness assistance program worker can generally provide around this meeting.
Why This Meeting Is Not About Coaching Answers
It is important to understand that meeting with the Crown beforehand is generally about understanding the process, not about being told what to say or rehearsing specific answers. A witness's evidence is expected to be their own honest account, in their own words, and Crown attorneys are generally careful not to suggest particular answers, since doing so could affect the fairness and reliability of the evidence. If a witness feels unsure about a specific fact or detail, it is generally fine, and expected, to say so honestly when asked in court rather than guessing.
The General Sequence of Events on the Day of Testifying
On the day of testifying, a witness will generally need to arrive at the courthouse and check in, sometimes at a specific waiting area for witnesses. Court schedules can shift, so it is common to wait, sometimes for a considerable period, before being called into the courtroom, since witnesses are generally called in a particular order and other matters on the court's list can take longer than expected.
Once called, a witness generally enters the courtroom, is directed to the witness stand, and takes an oath or solemn affirmation to tell the truth. Testimony generally begins with questions from the party who called the witness, followed by cross-examination from the other side. Throughout this process, a judge, and sometimes a jury, will be present, along with the accused, who has a right to be present for the evidence given against them, subject to any accommodations that may apply. Our page on testifying at trial covers this sequence of questioning in more legal detail.
After testifying, a witness is generally excused, though in some cases they may be asked to remain available in case they are needed again later in the proceeding.
Court schedules often run behind, and a witness may spend significant time waiting before being called. Bringing something to occupy the time, and confirming logistics like parking or transit in advance, can make the day less stressful.
Accommodations That May Be Available
Depending on the circumstances, certain accommodations may be available to make testifying easier, such as testifying with a support person present, from behind a screen, or by closed-circuit television. Our page on testimonial accommodations explains these options and the general factors a court considers in deciding whether to grant them, in more detail. These are generally not automatic and should be raised with the Crown or a victim/witness assistance program well before the court date.
The Emotional Side of Testifying
Testifying about a difficult experience, in a formal and sometimes public setting, can bring up a wide range of emotions, including anxiety, anger, or a sense of relief once it is over. It is common to feel nervous beforehand, and this is a normal reaction rather than a sign that something is wrong. Victim services staff are often available at the courthouse to provide support before and after testifying, and taking advantage of that support is generally encouraged.
After Testifying
Once testimony is finished, a witness's formal role in that stage of the case is generally complete, though a case can continue for some time afterward, and a victim may still be involved in other ways, such as through a victim impact statement if there is a finding of guilt. Staying in contact with the Crown's office or a victim/witness assistance program can help you find out what happens next; see our page on getting updates about a case for more.
Frequently Asked Questions
Will the Crown tell me exactly what to say?
No. Meeting with the Crown beforehand is generally meant to help you understand the process, not to coach specific answers. Your testimony should reflect your own honest account.
Do I have to see the accused when I testify?
In many cases, yes, though accommodations such as a screen or closed-circuit television may be available in some circumstances. See our page on testimonial accommodations for more.
How long will I have to wait at the courthouse?
This varies and court schedules often run behind. It is common to wait for some time before being called to testify.
Can I bring a support person with me?
In many cases a support person can accompany you to the courthouse, and in some circumstances a support person may be permitted near the witness stand itself. See our page on testimonial accommodations for more detail.
What if I don't remember every detail when I'm asked?
It is generally expected and acceptable to say honestly that you do not recall something, rather than guessing. Testimony is meant to reflect what you actually know and remember.
Is testifying the same as being cross-examined?
Cross-examination is generally one part of testifying, typically the questioning by the other side after initial questions. See our page on cross-examination for more detail on how that works.