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)

Self-Administered Questionnaire for Survey of Crown Attorneys

  1. What role do you believe victims should 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 3 00
    Plea negotiations 1 2 3 00
    Sentencing decisions 1 2 3 00

  2. What do you think is the Crown's responsibility to victims?



  3. If time were not an issue, what else should Crown do to further assist victims?



  4. During a typical case, do you have sufficient opportunity to meet with victims?
    • 1 Yes
    • 2 No
    • 8 Don't know

  5. Are victim/witness assistants available to work with Crown attorneys in your office?
    • 1 Yes
    • 2 No
    • 8 Don't know

  6. Are the following victim services available in your community?
      Yes No Don't know
    Police-based victim services 1 2 8
    Crown-based victim services 1 2 8
    Specialized victim services for domestic violence 1 2 8
    Specialized victim services for sexual assaults 1 2 8
    Specialized victim services for children 1 2 8
    Other victim services (Specify)
    		 1 2 8

    Other victim services (Specify)

    		 1 2 8

    Other victim services (Specify)

    		 1 2 8

  7. Please indicate your level of agreement with the following:
    Victims usually receive
    adequate information on…    		 Strongly
    agree    		 Agree Disagree Strongly
    disagree    		 Don't know
    the progress of the investigation 4 3 2 1 8
    outcomes of bail decisions 4 3 2 1 8
    conditions of release 4 3 2 1 8
    date and location of court proceedings 4 3 2 1 8
    charges laid 4 3 2 1 8
    charges dropped 4 3 2 1 8
    victim impact statements 4 3 2 1 8
    Restitution 4 3 2 1 8
    the ultimate outcome of the case 4 3 2 1 8
    the criminal justice process 4 3 2 1 8
    alternative processes,
    such as diversion
    and restorative justice    		 4 3 2 1 8
    accused rights 4 3 2 1 8
    victim services 4 3 2 1 8
    other community support services 4 3 2 1 8

    • 7a. For those items from question 7 with which you strongly disagree or disagree, what could be done to improve the information given to victims?

  8. Who should provide the following information to victims? (Please check all that apply)
      Crown Police Victim
    Services    		 Other
    (Specify)    		 Don't know
    The progress of the investigation 1 2 3 8
    Outcomes of bail decisions 1 2 3 8
    Conditions of release 1 2 3 8
    Date and location of court proceedings 1 2 3 8
    Charges laid 1 2 3 8
    Charges dropped 1 2 3 8
    Victim impact statements 1 2 3 8
    Restitution 1 2 3 8
    The ultimate outcome of the case 1 2 3 8
    The criminal justice process 1 2 3 8
    Alternative processes,
    such as diversion and restorative justice    		 1 2 3 8
    Accused rights 1 2 3 8
    Victim services 1 2 3 8
    Other community support services 1 2 3 8

  9. Do you generally do any of the following: (Check "Yes" or "No" for each of the following.)
      Yes No
    Call the victim as a witness in bail hearings 1 2
    Request specific conditions to address the victim's
    safety in bail determinations    		 1 2
    Request publication bans in cases other than sexual offences 1 2
    Request the us of a screen for young witnesses or
    witnesses with a mental or physical disability    		 1 2
    Request the use of closed-circuit television for young
    witnesses or witnesses with a mental or physical disability    		 1 2
    Use pre-trial videotaped testimony for young witnesses or
    witnesses with a mental or physical disability    		 1 2
    Request that a support person accompany a young witness under
    the age of 14 or witnesses with a mental or physical disability    		 1 2

    • 9a. If you answered "No" to any part of question 9, please explain why not.
      • Call the victim as a witness in bail
      • Request specific conditions to address the victim's safety in bail determinations
      • Request publication bans in cases other than sexual offences
      • Request the use of a screen for young witnesses or witnesses with a mental or physical disability
      • Request the use of closed-circuit television for young witnesses or witnesses with a mental or physical disability
      • Use pre-trial videotaped testimony for young witnesses or witnesses with a mental or physical disability
      • Request that a support person accompany a young witness under the age of 14 or witnesses with a mental or physical disability
  10. In general, do judges usually grant the following requests?
      Yes No Don't know
    Request specific conditions to address the victim's
    safety in bail determinations    		 1 2 8
    Request for a publication ban in cases other than sexual offences 1 2 8
    Request the use of a screen for young witnesses or
    witnesses with a mental or physical disability    		 1 2 8
    Request the use of closed-circuit television for young
    witnesses or witnesses with a mental or
    physical disability    		 1 2 8
    Request the use of pre-trial videotaped testimony for young
    witnesses or witnesses with a mental or physical disability    		 1 2 8
    Request that a support person accompany a young witness under
    the age of 14 or witnesses with a mental or
    physical disability    		 1 2 8
    Request to exclude the public from a trial 1 2 8
    Request for restitution 1 2 8

  11. Are there any obstacles to using the following?
      Yes No Don't know
    A screen for young witneses or witnesses with a mental or
    physical disability    		 1 2 8
    Closed-circuit television for young witnesses or witnesses
    with a mental or physical disability    		 1 2 8
    Pre-trial videotaped testimony for young witnesses or
    witnesses with a mental or physical disability    		 1 2 8
    Support person to accompany a young witness under the
    age of 14 or witnesses with a mental or physical disability    		 1 2 8

    • 11a. If you answered "Yes" to any part of question 11, please explain.
      • A screen for young witnesses with a mental or physical disability
      • Closed-circuit television for young witnesses or witnesses with a mental or physical disability
      • Pre-trial videotaped testimony for young witnesses or witnesses with a mental or physical disability
      • Support person to accompany a young witness under the age of 14 or witnesses with a mental or physical disability
  12. Have you ever requested the exclusion of the public from a trial?
    • 1 Yes
    • 2 No

  13. In what circumstances would you request the exclusion of the public from a trial?
    • 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."

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

  15. [If "Yes" to question 14] Did you request that counsel be appointed to cross-examine the victim/witness?
    • 1 Yes
    • 2 No

  16. Should Section 486 (2.3) be expanded?
    • 1 Yes
    • 2 No
    • 8 Don't know

    • 16a. If you answered "Yes" to question 16, should it be expanded to other victims/witnesses? (Please describe)


    • 16b. If you answered "Yes" to question 16, should it be expanded to other offences? (Please describe)

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

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

  18. What are the most common methods for submitting a victim impact statement?(Check all
    that apply    )
    • 1 Written statement only
    • 2 Victim reads statement
    • 3 Crown reads statement
    • 66 Other (Specify)


  19. If no victim impact statement is submitted, do you contact the victim about whether he/she wants to submit a victim impact statement?
    • 5 Always
    • 4 Usually
    • 3 Sometimes
    • 2 Rarely
    • 1 Never
    • 66 Depends on the case (Explain)


  20. When is the best time for the Crown to receive a victim impact statement?(Check all that apply)
    • 1 As soon as the victim has prepared the statement
    • 2 After a finding of guilt
    • 66 Other (Specify)


  21. When a victim impact statement has been submitted, do you generally remind the judge to consider it?
    • 1 Yes
    • 2 No
    • 8 Don't know

  22. In cases where no victim impact statement is submitted, do judges generally ask whether the victim is aware of the opportunity to prepare and submit a victim impact statement?
    • 1 Yes
    • 2 No
    • 8 Don't know

  23. Are there any obstacles to the use of the victim impact statement?
    • 1 Yes
    • 2 No
    • 8 Don't know

    Please explain



  24. Have you ever had a case where the defence counsel or the accused cross-examined the victim on their victim impact statement?
      Yes No Don't recall
    During trial 1 2 8
    During sentencin 1 2 8
    Other (Specify)
    		 1 2 8

    The next questions concern restitution.

  25. What considerations motivate your decision to request restitution?(Check all that apply)
    • 1 Offender's ability to pay
    • 2 Ability to quantify damages victim suffered
    • 3 Victim's desire for restitution
    • 66 Other (Specify)


  26. Do you generally request, when appropriate, that restitution be paid to a victim?
    • 1 Yes
    • 2 No
    • 8 Don't know

  27. Is restitution enforcement a concern or problem ?
    • 1 Yes
    • 2 No
    • 8 Don't know

    Please explain




    The next two questions ask about conditional sentences.

  28. In what circumstances do you think a conditional sentence is appropriate?(Check all that apply)
    • 1 All offences
    • 2 Non-violent offences
    • 3 Offences against the person
    • 4 Family violence offences
    • 5 Murder
    • 66 Other (Specify)


  29. Do you generally ask that conditions for the victim's safety be placed on the offender in conditional sentences?
    • 1 Yes
    • 2 No
    • 8 Don't know

    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.

  30. Have you ever used a restorative justice approach?
    • 1 Yes
    • 2 No
    • 8 Don't know

    If "Yes", what approach(es) have you used?


  31. [If "No" to question 30] Why have you not used 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)


  32. [If "Yes" to question 30] At what stage in the process have you used restorative justice?(Check all that apply)
    • 1 Pre-charge
    • 2 Sentencing
    • 66 Other (Specify)


  33. [If "Yes" to question 30] In your experience, which statement best describes the victim's involvement in the decision to use restorative justice?
    • 1 The victim is always involved
    • 2 The victim is sometimes involved
    • 3 The victim is seldom involved

    The next questions deal with the victim surcharge.

  34. Based on your experience, is the victim surcharge waived more often than it should be?
    • 1 Yes
    • 2 No
    • 8 Don't know

  35. Do you generally challenge an application by an offender to waive the victim surcharge?
    • 1 Yes
    • 2 No
    • 8 Don't know

  36. Do judges generally waive the surcharge without a request from the offender?
    • 1 Yes
    • 2 No
    • 8 Don't know

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

  37. Do you think that Crown attorneys are adequately informed of the provisions in the Criminal Code intended to benefit victims?
    • 1 Yes
    • 2 No
    • 8 Don't know

    • 37a. If you answered "No" to question 37, what could be done to better inform Crown attorneys?

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




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

    What are they?

  40. 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