13 questions about the criminal justice system

1. How do I know if the violent acts committed against me are criminal offences?

Not all forms of violence between intimate partners are crimes. Our article 14 criminal offenses in contexts of intimate partner violence provides an overview of what forms of intimate partner violence are considered crimes. You can also contact a lawyer by calling the Rebâtir Legal Helpline or call the Info-DPCP helpline for an answer concerning your specific situation.

2. How much time do I have to report a criminal offence committed by an intimate partner?

There is no time limit for reporting an assault. However, it may be harder to prove in court if more time has passed. There may also be a one-year time limit for reporting certain acts of violence.

3. Do I need to hire a lawyer if I want to take criminal action?

No. Criminal cases are handled by a Crown prosecutor, who represents the State. Taking criminal action won’t cost you anything.

4. Is my word enough to press charges ?

Yes. Your statement is sufficient for charges to be laid. You can let the Crown prosecutor know whether you want to take part in the court process or not. You will never be forced to testify, but if you choose not to, the charges may be dropped. The Crown prosecutor can decide at any time whether to proceed with the charges or drop them.

5. How should I prepare before making a report?

Ideally, you should report all violent acts committed against you during or after the relationship. You’ll be offered court-ordered protection measures based on the reported acts. A case worker can help you explore the choice of reporting violence to police, weigh its stakes and make the best decision for yourself.

Your statement to the police is important. You will not be able to change it during the trial. You may, however, file a supplementary statement to clarify, amend, or add to your original statement.

6. Can someone accompany me while I make my statement to police ?

You may be accompanied by a person of your choice throughout the criminal proceedings, with the exception of the moment when you make your statement to police.

7. I fear for my safety. How do I know if the judicial system can help me?

You can go to a police station and explain your situation to the officers. They will help determine whether you should make a report and whether you require protection.

The court can issue a peace bond, also called an “810” (after section 810 of the Criminal Code) to prohibit your abuser from contacting you or coming near your home or workplace. To obtain an 810, the Crown prosecutor must show the court that you have reasonable grounds to fear for your safety or that of a loved one.

8. My abuser has been arrested. What happens next?

The police have two options: keep the person in custody or release them on a promise to appear.

If they are kept in custody, they must appear before a judge within 24 hours of arrest. The judge will decide if they can be released, provided that they comply with certain conditions to ensure your protection. You may ask the police or CAVAC for a copy of the order listing these conditions.

If they are released on a promise to appear, the conditions agreed to in this promise have the same legal effect as if issued by a judge. You have the right to know and understand each of these conditions. The police will explain them to you.

Above all, these conditions are meant to protect you, so we encourage you to report any violation. If your abuser violates one of these conditions, for example, by contacting you when prohibited to do so, alert the police, and they will be arrested again.

9. How can I find out if my abuser has prior convictions, and how does a prior conviction affect the judicial process in an intimate partner violence case?

You can ask a clerk at a courthouse in your region to check if your abuser has prior convictions. If they have been previously convicted of a similar crime, the judge will consider this an aggravating factor and issue a harsher sentence.

10. Are there any measures to help victims throughout the court process?

Case workers and justice system partners are there to support you. The court can take measures to ensure you don’t have to see your ex while testifying. You can also ask that your new address remain confidential. Talk to the Crown prosecutor or the CAVAC at the courthouse where your case will be heard to ensure the necessary measures are taken.

11. Will I be allowed to speak during the proceedings?

Yes. As a victim, you may testify at the trial. If the judge convicts your ex, you can request to speak at the sentencing hearing. You can also complete a Victim Impact Statement. This statement will help the judge take the harm you suffered into account during sentencing.

12. Can I be compensated for the losses I suffered?

Yes. The judge can order that you be compensated for property losses, lost wages, and costs you incurred due to the crime. You can complete the Statement on Restitution form so that the judge can take your request into account during sentencing. The form should be mailed to you along with the Victim Impact Statement when the case goes to court. If you don’t receive it, ask the Crown prosecutor for a copy.

You can also apply for compensation through the IVAC, which provides compensation to crime victims. It is not necessary to have filed a police report to receive such compensation.

You can also apply to the Crime Victims Compensation (IVAC). You don't need to have filed a complaint with the police to apply to IVAC, and there's no time limit for filing your claim in situations of intimate partner violence. If you are supporting a child born after a rape, you may also receive financial assistance from IVAC until your child reaches the age of majority, or until age 25 if he or she is a full-time student.

13. What rights do I have as a victim?

The Canadian Victims Bill of Rights states that crime victims have the right to information, protection, compensation, and participation in the court process.

Call 911 in an emergency if you fear for yourself or someone else.