Multi-Site Survey of Victims of Crime and Criminal Justice Professionals Across Canada

Appendix C: Interview Guides and Self-Administered Questionnaires (continued)


Appendix C: Interview Guides and Self-Administered Questionnaires (continued)

Interview Guide and Self-Administered Questionnaire for Survey of Judiciary (continued)

  1. What role should victims have in the following stages of the criminal justice process?
      Victim should be Other (specify) Victim should not
    have any role
    informed consulted
    Bail decisions 1     2 66 00
    Sentencing decisions 1   2 66 00

  2. What is the Court's responsibility to victims?



    The next several questions ask about the use of specific Criminal Code provisions intended to benefit victims.

    • 2.a Do you generally do any of the following: (Check "Yes" or "No" for each of the following.)
        Yes No
      Place conditions on the accused for the safety of the victim in bail determinations 1 2
      Ask about safety issues if the Crown prosecutor has not mentioned them during bail determinations 1 2
      Grant applications for publication bans in sexual assault cases 1 2
      Place limitations or conditions on publication bans
      If yes, what kinds of conditions do you generally order?
      		 1 2
      Grant requests for the use of a screen for young witnesses or witnesses with a mental or physical disability
      Comments:      		 1 2
      Grant requests for the use of closed-circuit television for young witnesses or witnesses with a mental or physical disability
      Comments:      		 1 2
      Grant requests for the use pre-trial videotaped testimony for young witnesses or witnesses with a mental or physical disability
      Comments:      		 1 2
      Grant requests for a support person to accompany young witnesses under the age of 14 or witnesses with a mental or physical disability
      Comments:      		 1 2
    • 2b. Are you informed of safety issues in most bail hearings?
      • 1Yes
      • 2No
      • 8Don't know

      If "No," what changes might ensure that you are better informed of safety issues?
      •  
      • 8 Don't know
    • 2c. Do you think that testimonial aids (screens, close-circuit television, videotape, or support persons) are sufficiently available to meet current needs?
      • 1Yes
      • 2No
      • 8Don't know

      If "No," why not

  3. Have you granted an application to exclude the public from a trial?
    • 1Yes
    • 2No
    • 8Don't know

  4. In what circumstances would you grant a request to exclude the public from a trial?
    • 8 Don't know

  5. a. Have you granted an application for a publication ban in cases other than sexual offences?
    • 1Yes
    • 2No
    • 8Don't know

    • 5b. If "Yes," in what types of offences?
      •  
      • 8 Don't know

    Section 486 (2.3) of the Criminal Code states that, unless required by "the proper administration of justice" a self-represented accused cannot cross-examine a child witness (under 18 years of age). This section is applicable to proceedings where an accused is charged with a sexual offence, a sexual assault under sections 271, 272, and 273, or where violence against the victim is "alleged to have been used, threatened, or attempted."

  6. Have you had a case where Section 486 (2.3) applied?
    • 1Yes
    • 2No
    • 8Don't know

  7. [If "Yes" to question 7] In those cases, would you generally appoint counsel to cross-examine the victim/witness?
    • 1Yes
    • 2No
    • 8Don't know

    • 7a. [If "Yes" to question 7] Have you presided over any cases where you allowed the accused to cross-examine a victim/witness?
      • 1Yes
      • 2No
      • 8Don't know
    • 7b. If you answered "Yes" to question 9a, why did you decide to allow the accused to cross-examine the victim/witness? (Please describe)

    The next several questions ask you to consider victim impact statements.

  8. Based on your experience, do victims generally submit victim impact statements to the court?(Check one)
    • 1 Yes
    • 2 Yes, in serious cases
    • 3 No
    • 8 Don't know

  9. What is the most common method for submitting a victim impact statement?
    • 1 Written statement only
    • 2 Victim reads statement
    • 3 Crown reads statement
    • 66 Other (Specify)

  10. If no victim impact statement is submitted, do you inquire whether the victim was advised of the opportunity to prepare a victim impact statement?
    • 5 Always
    • 4 Usually
    • 3 Sometimes
    • 2 Rarely
    • 1 Never
    • 66 Depends on the case (Explain)

  11. Have you had to adjourn a sentencing hearing to permit the victim to be informed of a victim impact statement?
    • 1Yes
    • 2No
    • 8Don't know

  12. Do you use victim impact statements in determining the sentence?
    • 1Yes
    • 2No
    • 8Sometimes

    Please explain


  13. Have you had to disallow parts of victim impact statements?
    • 1Yes
    • 2No
    • 8Don't know

    If yes, please explain


  14. Have you had a case where the defence counsel or the accused wanted to cross-examine the victim on their victim impact statement?
    • During trial
      • 1Yes
      • 2No
      • 8Don't recall
    • During sentencing
      • 1Yes
      • 2No
      • 8Don't recall
    • Other (Specify)
      • 1Yes
      • 2No
      • 8Don't recall

    If "Yes," did you allow it?

    • During trial
      • 1Yes
      • 2No
      • 8Don't recall
    • During sentencing
      • 1Yes
      • 2No
      • 8Don't recall
    • Other (Specify)
      • 1Yes
      • 2No
      • 8Don't recall

    The next questions ask about the victim surcharge.

  15. Do you generally apply the victim surcharge?
    • 1Yes
    • 2No
    • Why or why not?



  16. Do you ever vary from the usual surcharge?
    • 1Yes
    • 2No
    • 8Don't know
    • If "Yes," please explain



    The next questions concern restitution.

  17. Does the Crown usually request restitution as part of the sentence, when appropriate?
    • 1Yes
    • 2No
    • 8Don't know

  18. In your view, when is restitution appropriate? (Check all that apply)
    • 1 When the offender can pay restitution
    • 2 When damages victim suffered are quantifiable
    • 3 When the victim desires it
    • Other (Specify)


    The next question asks about conditional sentences.

  19. Do you generally impose conditions to protect a victim's safety in conditional sentences?
    • 1Yes
    • 2No
    • 8Don't know

    The following questions are about restorative justice. Restorative justice considers the wrong done to a person as well as the wrong done to the community. Restorative justice programs involve the victim(s) or a representative, the offender(s), and community representatives. The offender is required to accept responsibility for the crime and take steps to repair the harm he or she has caused.

  20. Have you been involved in any restorative justice processes such as a healing circles, etc.?
    • 1Yes
    • 2No
    • If yes, please explain



  21. Have you received recommendations on sentencing from a restorative justice process?
    • 1Yes
    • 2No

  22. [If "No" to questions 22 and 23] why have you not been involved in a restorative justice approach? (Check all that apply)
    • 1 Restorative justice approaches are not available
    • 2 Restorative justice approaches do not protect the victim adequately
    • 3 Restorative justice approaches do not act as a deterrent
    • 66 Other (Specify)


  23. Do you consider it important to consult the victim in the use of a restorative justice approach?
    • 1Yes
    • 2No
    • 3 Depends (Please explain)


  24. In your opinion, in what kinds of cases do you think that the restorative approach would be most effective?




    The concluding questions ask you to consider all of the Criminal Code provisions intended to benefit victims.

  25. In your opinion, what has been accomplished by the Criminal Code provisions intended to benefit victims?



  26. Have there been any unintended or unexpected consequences to these provisions?
    • 1Yes
    • 2No
    • 8Don't know

  27. What are they?



  28. Do you have any other comments?



Thank you for taking the time to complete this survey.
Please return the questionnaire by faxing it back to us toll-free at:

1-800-717-5456