Going to court as a victim
Learn about your rights as a victim of crime and how to find legal support.
Overview
If you are going to criminal court as a victim or witness of a crime, help is available to you during the criminal court process. As a victim, you have rights that guide how you should be treated in the justice system. There are also programs available to child victims and witnesses.
Your rights as a victim
As a victim, you have rights.
Ontario’s Victims’ Bill of Rights, the Canadian Victims Bill of Rights and the Criminal Code includes several rights and protections for victims, including:
- treating victims with courtesy and compassion
- respecting their dignity and privacy
- providing them with the information they need about criminal investigations and prosecutions
As a victim, you have a right to:
- information about services and supports for victims
- information about the progress and outcomes of criminal investigations, prosecutions, appeals and the sentencing and release of offenders from custody
- request and receive copies of important court orders that affect you
- be interviewed by police officers and officials of the same gender if you have been sexually assaulted have your safety considered by the appropriate authorities in the criminal justice system and to have reasonable and necessary measures taken to protect you
- request that your identity be protected through a publication ban
- get legal advice and have a lawyer represent you if the accused’s lawyer wants to access and use your private records or ask you questions about your sexual history
- request a testimonial aid, which may include testifying from behind a screen or from outside the courtroom so you do not have to see the accused person
- request to have a support person sitting close by you while you give your evidence to the court
- express your views about decisions that affect your rights and to have those views considered
- present a victim impact statement to the appropriate authorities during sentencing and to have it considered
- request the court consider making a restitution order against the offender, meaning the court can ask the offender to pay you money for specific types of losses as a result of the crime
- file a complaint if your rights are violated or denied
Help throughout the court process
The Crown attorney prosecuting your case and the police service that laid the charge(s) will provide you with information about the case.
Ontario’s Victim/Witness Assistance Program also provides information and services to vulnerable victims to:
- keep them updated about the case
- help them to understand what to expect in criminal court
- how to prepare for court
Learn more about the Victim/Witness Assistance Program.
Notification to testify
Some cases may be resolved without a victim needing to attend court. In other cases, where there will be a preliminary hearing or a trial, a victim will need to appear in court to testify about what happened. The court will notify you in advance if you are needed to testify and receive a legal document called a subpoena that tells you that you must come to court.
Preparing for court
The Crown attorney and your Victim Witness Services Worker (if one has been assigned to assist you) will help you prepare for court. They will also notify you about the outcome of the case. If the accused person is found guilty, you will be informed of your right to complete a Victim Impact Statement and to request restitution.
Appealing the case
Sometimes victims of crime may learn that their criminal case is being appealed. This means that the person who is found guilty or the Crown attorney’s office has asked a higher court to review what happened at the trial. They can ask the appeal court to review a verdict (a conviction or acquittal), a sentence or both. Learn more about the appeals process in criminal law court.
Finding legal support
Victims are not required to have a lawyer during a criminal proceeding, but you may want to talk to one. In some instances, victims have a right to use a lawyer to help with privacy matters. Victims will be notified of this right by either the Crown attorney or Victim/Witness Assistance Program staff, who can also answer questions about getting legal help. Other legal supports that are available for victims include:
- Independent Legal Advice provides eligible survivors of sexual assault with up to four hours of free, independent and confidential legal advice. Learn more about the program and how to apply.
- Law Society Referral Service can help you find a lawyer in Ontario. The first half-hour is free. Request a referral.
- Free legal support to survivors of human trafficking helps victims and those at-risk of being trafficked to get restraining orders against their traffickers.
Child victims and the courts
The Child Victim Witness Program offers support and services to child victims and witnesses who may be required to testify in court during the criminal court process. In areas where a Child Victim Witness Program is not available, the Victim/Witness Assistance Program provides similar services. Learn more about the program and finding services nearest to you.
Provide feedback or submit a complaint
If you would like to provide feedback about your experience or submit a complaint, you can contact the appropriate organization or office of the program or agency.
Find the contact information for each office and organization by either:
- visiting the Victim Services Directory
- calling the Victim Support Line (
416-314-2447 or toll-free:1-888-579-2888 )
This service is available 24/7 and if required, interpreters are available. You also have the option to chat online, Monday to Friday from 7 a.m. – 9 p.m. Eastern Time.
You can also provide feedback or submit a complaint regarding: