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 Crown Attorneys (continued)
KEY INFORMANT INTERVIEW GUIDE CROWN ATTORNEYS (Ontario)
The Department of Justice Canada has recently launched a multi-site study of victims of crime and criminal justice professionals. The main objectives of this study are:
- To provide information on the use and awareness of recent reforms with respect to victims of crime in the criminal justice system
- To identify any impediments to the implementation of recent reforms by criminal justice professionals
- To learn what information is provided to victims throughout the criminal justice process
- To gain a better understanding of the experiences of victims of crime in the criminal justice system and with various victim services.
The following questions address issues relating to the role of the victim and the Crown in the criminal justice system, victim services, and the implementation of recent reforms to assist victims of crime through the criminal justice process.
The Crown's role
- 1. What is your responsibility toward victims of crime?
Victim services
- 2. What victim services are currently available in your community for victims of crime? (e.g., police-based victim services, crown-based victim services, specialized victim services for domestic violence, sexual assaults, or children)
- 3. In general, do victims receive adequate information on:
- the progress of investigation
- outcomes of bail decisions
- conditions of release
- date and location of court proceedings
- charges laid
- charges dropped
- victim impact statements
- restitution
- the ultimate outcome of the case
- the criminal justice process
- alternative processes, such as diversion and restorative justice
- accused rights
- victim services
- other community support services?
- 4. What, if anything, can be done to improve the information given to victims?
- 5. Are victim/witness assistants available to work with Crown attorneys in your office?
- 6. Please describe the extent to which the Crown and victim services work together or share information.
Recent reforms relating to victims of crime
As you may know, a number of legislative changes at the federal level have been made relating to victims of crime and their participation in the criminal justice system (victim surcharge, victim impact statements, consideration of victim safety in bail decisions, assistance to victims testifying at trial, publication bans, etc.). The following questions address issues relating to the implementation of these provisions.
- 7. How do you address the victims' safety concerns with respect to bail determinations? Do you generally call the victim as a witness? If no, why not? Where a bail hearing is held, do you generally request specific conditions to address the victim's safety? Do judges usually grant these conditions?
- 8. Do you generally request publication bans in cases other than sexual offences? If yes, in what types of offences? If no, why not? Do judges usually grant these requests?
- 9. Do you generally request the use of a screen or closed-circuit television for testimony of a young victim/witness or a victim/witness with a mental or physical disability? If no, why not? Do judges usually grant these requests? Are there any obstacles to the use of this provision? If yes, please explain. How can these best be addressed?
- 10. Do you generally request the use of pre-trial videotaped testimony of a young victim/witness or a victim/witness with a mental or physical disability? If no, why not? Do judges usually grant these requests? Are there any obstacles to the use of pre-trial videotape of testimony in these circumstances? If yes, please explain. How can these best be addressed?
- 11. Are there any alternatives to the use of screens, closed-circuit television, or pre-trial video-taped testimony that assist victims/witnesses in testifying?
- 12. Do you generally request that a support person be permitted to accompany a young victim/witness or a victim/witness with a mental or physical disability to court? If no, why not? Do judges usually grant these requests? Are there any obstacles to the use of support persons? If yes, please explain. How can these best be addressed?
- 13. Have you ever requested the exclusion of the public from a trial? If yes, in what circumstances? Do judges usually grant these requests?
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."
- 14. Have you ever had a case where Section 486 (2.3) applied? If yes, did you request that counsel be appointed for the self-represented accused for the purpose of cross-examination of a victim/witness?
- 15. Based on your experience, do victims usually submit victim impact statements? What are the most common methods for submitting a victim impact statement (written statement only, victim reads statement, Crown read statement, other)?
- 16. When is the best time for the Crown to receive victim impact statements?
- 17. When a victim impact statement is submitted, do you generally remind the judge to consider it?
- 18. Have you ever had a case where the defence counsel or the accused wanted to cross-examine the victim on their victim impact statement either during the trial or during sentencing? If yes, did the judge allow it?
- 19. How is the victim impact statement used in the sentencing of the accused?
- 20. If no impact statement is submitted, do you contact the victim about whether he/she wants to submit a victim impact statement? Do judges generally ask whether the victim is aware of the opportunity to prepare and submit a victim impact statement?
- 21. Are there any obstacles to the use of the victim impact statement? Please explain.
- 22. Do you generally request, when appropriate, that restitution be paid to a victim? If no, why not? What considerations motivate your decision to request restitution (e.g., offender's ability to pay, victim concerns, etc.)? Do judges usually grant requests for restitution?
- 23. Is restitution enforcement a concern or a problem? Why?
- 24. How often is the victim surcharge waived? Do judges generally waive the surcharge without a request from the offender? Do you generally challenge an application by an accused to waive the surcharge?
- 25. In what circumstances do you agree to a conditional sentence? Do you generally ask that conditions for the victim's safety be placed on the offender in conditional sentences?
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.
- 26. Have you used a restorative justice approach? Why or why not? At what stage in the process have you used restorative justice? (e.g., pre-charge, sentencing, other)
- 27. How are victims involved in the process?
Conclusion
- 28. Are Crown attorneys adequately informed of the provisions of the Criminal Code intended to benefit victims? If no, what can be done to better inform Crown attorneys?
Thank you for your participation
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