Witnesses have been identified as significant in achievement of justice whenever a criminal charge is brought up in Canada. Be it providing information of what they saw or heard or perceived, witnesses help shed light on the case for the benefit of the justice system. However, it is an arduous task to be a witness, as one’s rights and obligations are often not clear. This blog hopes to illustrate the position of a witness in a criminal case in Canada, with a view to instilling a sense of confidence and assurance should the need arise for a witness to give testimony. Today I Sukhvir Sinhg the Criminal Defence Lawyer Brampton will share with you all about the rights of the witness in a criminal case. Earlier I share about Defamation Law in Canada. So keep reading till the end.
1. Who is considered a Witness in a Criminal Case?
- A witness is anyone with information regarding a criminal offence:
- Someone who has seen or heard the crime being committed.
- Someone who possesses relevant documents, recording, or evidence.
- An expert (doctor, accountant, or forensic expert) who gives an opinion based on expertise.
- Even the victims of the crime as they can be of great importance as witnesses of a case carried out against them.
The very fact that a person is called as a witness does not imply that he or she is accused of any kind of thing, it only implies that he or she holds some information that could help the court to make an informed sentence.
2. Duty to Testify
The law of Canada creates a duty on anyone subpoenaed (formally production order of the court) to come to testify as a witness: It could be penalized with heavy fines or imprisonment for the contempt of the court if one refuses to present oneself or produce evidence.
The duty to testify is granted great weight by the protection afforded to witnesses, ensuring their fair treatment and security throughout the process.
3. Right to Respect and Dignity
The Canadian Charter of rights and freedoms and the Canadian victims bill of rights are the laws where the respect, courtesy, compassion, and dignity must be given to the witnesses, especially the victims of the crimes.
As a witness, you should, with no exception:
Treated respectfully with no discrimination;
Be listened to and recognized with dignity by the law enforcement and the court;
Ask to have privacy ensured, wherever possible, especially when dealing with sensitive or traumatic topics.
This right is necessary in order to make people trust the justice system and to make them volunteer vital information.
4. Right to Protection and Safety.
The issue of safety is also critical to the witnesses especially when it comes to serious cases involving violence or organized crime. Witness Protection Program Act In Canada Witnesses who are under threat or intimidation are guaranteed protection under the Witness Protection Program Act.
As protection, the following may be offered depending on the situation:
Holding on to your identity throughout proceedings.
Moved and renamed in the federal Witness Protection Program.
Police protection: to provide police assistance to you in case you are not comfortable, during or after giving testimony.
Although you might not have a formal protection program, in case you are threatened, you are expected to communicate this information to the law enforcers or the Crown prosecutor. Measures like restraining order, secure transportation, and police presence can be arranged to ensure that you feel safe.
5. Right Against Self-incrimination
One of the fundamental rights available to every witness in Canada is the right against self-incrimination. This means that if the evidence you give could expose you either formerly or informally to criminal charges, you cannot be compelled to give evidence which directly incriminates you.
Under Section. 13 of the Canadian Charter of Rights and Freedoms, your testimony cannot be used against you in any subsequent criminal proceedings (except for perjury or contradicting statements).
If you think that your answers may lead to your incrimination, you should inform the court and your lawyer of your situation without delay. The judge will protect your rights under that circumstance before proceeding.
6. The Right to Legal Assistance and Support
Most witnesses do not need personal lawyers, yet you still have a right to legal advice before going to trial, especially on account of some reasons such as:
Being uncertain about what you can or cannot say.
How you’re exposed to personal risks or business threats from your testimony.
I am also a victim or somehow directly related to the accused.
Under certain exceptions especially in cases involving vulnerable witnesses (such as the minor or the sex assault survivor) there are legal aid and witness support services that may be offered to assist you to negotiate the procedures.
7. The Special Accommodations and Right to Privacy.
Witnessing can as well be very frightening or traumatic within the Canadian courts. Thus, witnesses including children or victims of sexual assault or those found to be disabled can request special arrangements; they are:
Giving evidence behind a screen or remotely, through a video connection (to prevent any physical contact with the accused).
Having a support person while testifying.
The barring of the media or the public in court in sensitive cases.
The judges have the discretionary abilities to issue these orders since these are meant to ensure that the witnesses will be comfortable and safe to testify accordingly, therefore, relieving them of any anxiety and distressing emotions that would scare them out of telling the truth.
8. The Right of Being Informed and Supported.
The information and updates provided to the witnesses during the whole criminal process should include (but not be limited to):
Where they are bound to testify; When they are bound to testify;
What is their role in the case;
Result/ sentencing updates of case (in case of victim).
Each province has Victim Services available, like Victim/Witness Assistance Program (VWAP) in Ontario where witnesses are assisted with emotional support, court preparation and information. All these services are reported to alleviate nervousness and increase confidence before going to court.
Making Witnesses Stronger: Making Justice Stronger.
It may be a frightening experience to be called as the witness in a criminal case, yet being aware of your rights may make it a lot easier. In Canada, we do our best to make the justice system protect witness rights and advocate for fairness to all parties involved.
The pursuit through which courts seek the truth also involves the witness, who stands under the rights of safety and privacy, as well as those against the self-incrimination. And in case you ever found yourself in a circumstance where you had to be seen before a judge, keep in mind-you are not the only one. You will always have legal counsel, victim assistance and court personnel to guide you through and even offer a protective hand where necessary.
By understanding and exercising your right as a witness, he not only protects himself but also meaningfully contributes to the pursuit of justice in Canada.
