QUESTION:
In the United States, if we are to believe the movies, a person who is attacked or robbed can choose "not to press charges." In Canada, I don't think we have that option. Is this correct?
Ralph Jamerson
Dear Mr. Jamerson:
Thank you for your question.
I should say at the outset it might have been more appropriate to have sent your question to an "Ask A Lawyer" or "Ask A Judge" column; representatives of our court system would be better equipped to answer your question, but since we, the police, have a very close relationship with the courts, I'll give you a cop's perspective from a cop's understanding - albeit with the caveat that I'm not a court-approved expert for this kind of testimony.
I'll start by clarifying your question: The victim of a crime does not press charges, and although I think we all understand what is meant by the term, it can be a little misleading. It is the responsibility of Crown counsel - lawyers who represent the Crown - to press charges.
In common parlance, the Crown is a rather ubiquitous term that refers to all things having to do with our Queen, but it is actually more correctly defined as the legal embodiment of our country's legislative or judicial governance. In short, therefore, Crown counsel are lawyers who prosecute criminals on behalf of the public.
The Canada Evidence Act outlines the rules regarding witnesses and the evidence they can, and must, provide in court. Victims and witnesses of crimes, (victims are also by default witnesses), have a very important role to play in the administration of justice.
Canadian law recognizes this, and a victim or witness who is issued a subpoena to testify must attend court.
Failure to do so constitutes a contempt of court, and can result in a fine or even imprisonment - although from what I know, cases where this occurs are rare.
You are therefore correct. A victim of a crime technically does not have an option not to press charges. That decision is left to the crown prosecutor's office.
Victim and witness participation in many ways holds together the fabric of order in our society. Without the ability to ensure evidence that can lead to the successful prosecution of criminals is presented in court, we as a society run the risk of relinquishing our power to combat lawlessness and criminality.
In light of this, and to counterbalance the legal requirement to attend court, Canadian law offers specific protection for witnesses.
Section 423.1 of the Criminal Code prohibits the intimidation not only of witnesses and victims, but also of court officials, ministers of government who play a role in the administration of justice and journalists conveying information about the proceedings.
Offences for contravention of this section can result in up to a 14-year prison sentence.
Our court system recognizes the worry some people experience when faced with the prospect of testifying against people at whose hands they may have been victimized.
For this reason, crown prosecutors and victim and witness services agents can provide information and options that will help make testifying less stressful for participants.
Sgt. Peter DeVries, Professional Standards Unit North Vancouver RCMP
Follow Peter on Twitter at www. twitter.com/rcmpdevries If you have a question for Ask a Cop, email it to editor@ nsnews.com.
