Criminal law

The Victim

Who can file a complaint?

Any person who has been the victim of a criminal offence or has reason to believe that an offence has been committed can file a complaint. Aside from the victim, any citizen can file a complaint. What’s more, any organization, like a municipality, school, or community center, can file a complaint through a representative (a council member, director, employee, etc.).

In the case above, even if Valerie did not file a complaint herself for whatever reason, Steve or some other witness at the scene could report what they saw to the police and file a complaint.

Where should a person go if he wishes to make a complaint?

To file a complaint, you must go to a police station in the area where the offence took place: this might be a police station of the municipality of Montreal, the Sûreté du Québec, or the Royal Canadian Mounted Police.

The victim of an offence who feels threatened can also turn to family members, friends, a teacher, school principal, or social worker to explain what has happened. These people will help the victim to decide whether or not to make a complaint and will help him contact the police if need be.

How do you file a complaint?

To file a complaint, you simply have to get in touch with the police. A witness or victim may have their initial contact with police in a number of ways, depending on the circumstances of the offence:

• If the police come to the scene of the crime, the plaintiff can meet with police there and file a complaint;
  
  For example, if a park ranger sees an elderly person being attacked by two people, she can call 911 or call the police station so they can intervene as quickly as possible. The presence of police on the scene will allow them to begin their investigation very quickly. This is why the victim can file a complaint directly at the scene.
  
  
• The victim can go to the local police station or the police can go to the victim;
  
  This is most likely to occur where there is no emergency. Since Valerie was not badly hurt, she decided to go to the nearest police station to file her complaint. Once there, a police officer would open a file and Valerie would be asked to make a written or videotaped statement.
  
  
• Finally, the simple act of dialing 911 to report a crime makes the caller a witness. This call will generally be followed by a meeting with police.

Should a complaint be made verbally or in writing?

It doesn’t matter. Filing a complaint means reporting a crime to the police with a view to initiating a police investigation. This investigation may lead to court proceedings against the perpetrator of the crime, but this is not always the case. To learn more about police investigations from the point of view of the victim, please refer to the following Infosheet entitled The police investigation from the victim's perspective.

Does the victim have to file a complaint?

No. Nobody can force the victim to make a complaint. However, the victim, like any complainant, is often an important witness to the crime. His co-operation will usually make the police’s job a lot easier. Without his help, the legal system is less likely to be able to resolve the situation.

What’s more, even if the victim refuses to file a complaint on her own, it is possible that another witness might do it. In fact, a police who witnesses a crime can himself file a complaint and ask that the Crown prosecutor begin proceedings. This usually happens when there are no victims or where the victim refuses to cooperate, for example, for fear of reprisals.

What happens if the victim files charges?

First of all, the complaint can result in a police investigation, which may lead to the arrest of the person responsible for the offence. The person who is the object of the police investigation will thereby know that a complaint was filed and perhaps know the identity of the complainant. The police will also consider whether extrajudicial measures are appropriate if the offender is an adolescent. If extrajudicial measures are used, then no legal proceedings will ensue. However, if extrajudicial measures are not deemed appropriate and the evidence collected is deemed sufficient by the Crown prosecutor, criminal proceedings may be initiated. When charges are laid, a Crown prosecutor will be assigned to the case. If there is a trial, the victim can expect to be called as a witness in court.

Finally, the victim should know that, even though some cases are settled quickly, others may take several months’ worth of work.

Can a victim retract her complaint?

If a victim just calls the police without giving a written statement, then decides not to pursue the issue, there will be no follow-up to her complaint.

However, if the victim gives a written statement of the events, there’s no turning back. In fact, once police begin to investigate a crime and find evidence justifying legal action, the victim no longer has control over the process. Only the Crown prosecutor can retract the complaint. For this reason, the victim would do well to think about the situation and to get informed about the judicial process before giving her statement to the police.

Without the victim’s testimony, it may be difficult, if not impossible, to prove the defendant’s guilt. In fact, the victim’s absence often leads to the acquittal of the accused.

Can the victim who makes a complaint remain anonymous?

If, after the victim makes a complaint and gives his statement, measures are taken or proceedings are commenced against the adolescent, it is almost impossible for the victim to remain anonymous.

If the victim and the accused know each other, the accused will obviously know very quickly who filed the complaint. But even if they don’t know each other, the accused may still be able to get information on the victim. Once the court record is opened, the name of the victim will appear on the Information, a document that details the offence. In addition, during proceedings the accused is entitled to have access to the police report, which outlines the statements made by the victim and witnesses. Before making this copy available to the accused, the Crown prosecutor will usually ensure that the victim’s and witness’ personal information (name, address, telephone number, birth date) have been blacked out. Unfortunately, however, this method is not foolproof.

In the vast majority of cases, when the accused is conditionally released, the name of the victim and perhaps even her address may appear on the recognizance. To learn more on this topic, consult the following Infosheets:
Conditions of release and I've been detained!.

Finally, once court proceedings are underway, the victim should expect to be called by the court to testify. In such a case, those present in the courtroom will know his identity. Certain protective measures, like police surveillance, may be made available to the victim if he fears for his safety.

How do you follow the proceedings once the complaint has been filed?

The victim has the right to be updated on the status and outcome of the police investigation and the role that he might be asked to play during judicial proceedings. The police and others should treat the victim with courtesy and compassion, and should respect his dignity and privacy. In participating in the youth criminal justice system, the victim should suffer the fewest possible inconveniences.

To exercise these rights, the victim simply has to ask the police in charge of the case. The law recognizes the right of victims to be informed of the charges being laid against the offender. To this end, it may be a good idea to keep the file number and the name of the police officer on hand. Wherever possible, the police should respond to the victim’s requests. For example, the victim may inquire as to whether her aggressor was arrested, if he was released, and if charges will be laid against him. She also has the right to know the youth’s identity if he will be participating in extrajudicial sanctions or if charges are laid against him. In addition, the victim has the right to know what kind of extrajudicial sanction the youth has agreed to.

If charges are laid against the adolescent, the victim can choose to attend the court hearings and has the right to be heard, particularly during conditional release hearings. She also has a right to access the court record that is held with the Palais de justice clerk. This record contains, among other things, the conditions for release, the various judicial decisions (including the sentence, if applicable), and documents summarizing what happened during different stages of the court proceedings. The victim may also be able to consult other records kept on the adolescent (including the police report, files kept by government organizations, etc.)

Finally, there is always a liaison officer who represents the police in court. This officer is in charge of keeping track of the cases in order to inform the police about any developments in each of them. This person should know of all the recent developments in each case and can share this information with the victim.

Is it possible to get help in filing a complaint?

Yes. If the victim needs information or support, be it psychological or otherwise, regarding the filing of a complaint, he can get in touch with the nearest Centre d’aide aux victimes d’actes criminels (CAVAC). All the services offered by this organization are free of charge.

In addition, the victim can ask for help from the police or from the C.L.S.C. They can refer the victim to the appropriate resource person. The victim can also retain the services of a lawyer at his own expense in order to obtain further legal information.

Finally, he can seek support from a Youth Justice Committee if such a committee exists in his area. One of the roles of this kind of committee is to support the victim throughout the process.

1. Service de police de la Ville de Montréal
2. Sûreté du Québec