As a victim of a crime, you will have the opportunity to write a Victim Impact Statement for the courtjudge, Crown Attorney, defense lawyer, and accused, in which you can describe the emotional, physical, and financial harm that the crime has had on you. While not required, a judge may consider your statement when sentencing a guilty person. The Legal Advocate at Athena’s can help answer any questions you have about this process, and can also help you prepare an impact statement.
Anyone who is a victim of a crime may complete a Victim Impact Statement. It is completed in writing on a form provided by the Crown, police, or Victim/Witness Assistance Programme. It must be written in your own words, describe the impact of the crime on your life, rather than the crime itself, and indicate any probation conditions that would be helpful for you.
You can update your Victim Impact Statement by contacting the police or Crown Attorney responsible for the case.
What is mandatory charging?
Mandatory charging means that police officers in Ontario must lay criminal charges in domestic violence cases if they have reasonable grounds to believe that violence/abuse has taken place. When police arrive at the scene, they are supposed to separate the people who are fighting, make sure any children are safe, gather evidence, and interview each person separately to find out what happened. If there is evidence that violence/abuse took place, the police are supposed to charge the “dominant aggressor” (the person who was mainly responsible for the violence). However, the mandatory charging policy can often result in “dual charging” where both partners/spouses are criminally charged. Sometimes dual charging happens because it is not clear who the dominant aggressor was, or the investigation was not done properly, or because evidence of self-defense is confused with assault.
What is the criminal process?
The criminal case process can take quite a bit of time, but flows through a series of steps to a Canadian criminal prosecution:
Investigation
Laying a Charge
Deciding Whether to Prosecute
Arraignment of the Accused and Bail
Choice of Trial Court by the Accused
Preliminary Inquiry
Entering a Plea
Judge or Jury
Trial
Verdict
Sentencing
Appealing the verdict or sentence
What is the difference between pursuing civil action vs criminal action?
To proceed with civil action means that you decide to bring a claim to civil court. The goal of the civil justice system is to fairly compensate someone for the harms and losses they have endured as a result of abuse. To proceed with criminal action means that there is an aim to press criminal charges. You can begin this process by reporting to the police. For more information on this, see Video 2.
What is the legal system?
The legal/justice system consists of criminal, civil, and administrative laws. Within the system, you may have contact with police, lawyers, crown attorneys, and judges.
Where else can i look to get legal information, resources, and/or support?
The Barbra Schlifer Commemorative Clinic offers legal, counselling, & interpretation services to marginalized and racialized populations of women who have survived violence.
The Canadian Council of Muslim Women provides culturally appropriate legal services coordination for Canadian Muslim women seeking legal advice and counsel on family law issues.
FODF/FLEW provides plain language information about family law in Ontario. The website contains legal information on several family law topics. The material is available for everyone, but with a particular focus on Francophone women in Ontario who are experiencing domestic violence.
The Ontario Women’s Justice Network is a website designed to help survivors of violence and their supporters better understand their legal rights in Ontario. They do not give legal advice, but offer a diverse range of legal information.
The Law Society of Ontario can help you find a lawyer or paralegal, and also contains a variety of publicly available resources on their website.
Dnaagdawenmag Binnoojiiyag is a multi-service Indigenous Child Well-Being Agency providing a stable foundation for children, youth, and families through wraparound services that are culturally based and family-focused.
Enaahtig Healing Lodge provides opportunities for holistic healing and learning based on the principles of Indigenous culture. Their Miikanaake Community Justice Program provides court diversion for Indigenous youth and adults who are pre and post charge, and uses Indigenous techniques and holistic approaches to support rehabilitation.
