Criminal law

The Victim

What gets a police investigation started?

The investigation is often started off by the filing of a complaint, which tells the police that an offence has been committed. This complaint can be filed by the victim, a witness, or even a police officer. Examples of criminal offences include: theft, assault, breaking and entering, mischief, drug possession, etc. These offences may result in an investigation to find a suspect or to discover pieces of evidence once a suspect has been identified.

The police officer who shows up at the scene of the crime will write a report about the events. To do this, she will question the victims and witnesses. This first step allows her to evaluate whether the investigation should be pursued.

What happens during a police investigation?

In short, the goal of a police investigation is to collect information about the events that gave rise to the complaint; theft, assault, fraud, etc. The investigation allows police to reconstruct the facts of the case.

During the investigation, the officer responsible for the case can carry out searches, meet with witnesses, and call the victim to obtain further details about her version of events or to get a written statement. The police may also ask the victim to identify certain persons or things that are linked to the incident. The victim should not hesitate to contact police if he thinks he has further information that may affect the investigation.

The investigation may lead to the arrest of a suspect. After the investigation, depending on the evidence collected, the police officer will submit her report to the Crown prosecutor so he can decide whether or not to commence legal proceedings.

How long does a police investigation last?

The time it takes to see an investigation through will vary from case to case. A lot depends on the nature of the offence, the number of people involved, the quality of the evidence, the number of officers assigned to the case, etc.

While certain investigations may only take a few days, others might last weeks if not years.

How can a police investigation affect the victim?

Even though the investigation is handled mainly by police, the victim may play quite an important role. In fact, the information the victim has can have a big impact on the course of the investigation.

The victim will probably be asked to share all information related to the case with police. She may also be called upon to help identify objects or persons.

Then, if the police investigation leads to charges of a criminal nature, the victim could be called on to testify in court. On this topic, Éducaloi invites you to take a look at the following Infosheet, entitled Testifying as a victim.

Is the victim required to answer the police’s questions?

No, neither the victims nor the witnesses can be forced to answer questions asked by police or investigators. Normally, they co-operate with investigators and share what they saw or experienced. It goes without saying that their statements will help police to identify a suspect.

Victims should be treated with courtesy and compassion by the different people involved in the youth criminal justice system. At all times, their dignity and privacy should be respected. The law recognizes that victims should suffer the fewest possible inconveniences as a result of their participation in the youth justice system.

Will victims be kept informed on the progress of the investigation?

The victim has a right to get information about the status of the police investigation and its outcomes, as well as the proceedings that might be commenced against the adolescent who is accused of the offence.

The victim should direct her questions to the police officer who is in charge of the investigation. To facilitate the process, it is a good idea to keep the file number on hand. The police officer will try to answer the victim’s questions to the best of his ability. It is possible, however, that some information might not be shared, particularly where it may affect the safety of people involved.

Once the file has been given over to the Crown prosecutor, the victim will be informed, in writing, of the latter’s decision. If the accused is given the option of participating in extrajudicial sanctions, the Crown prosecutor, the police, and the Director of Youth Protection (DYP) must reveal the adolescent’s identity and the nature of the sanction to the victim upon request.

If the Crown Prosecutor decides to file charges against the youth, the victim should be informed. The victim should also be given the opportunity to participate in proceedings and to give his opinion on an appropriate sentence by way of the “Victim Impact Statement”, through conferences, or through a youth justice committee, if such a committee exists in his area. To learn more about this, read the Infosheet entitled Conferences.

Is the victim protected during the police investigation?

The victim can call on the services of the police by calling 911 whenever she feels her safety is being threatened. For certain offences (sexual assault, criminal harassment, assault, etc.), the police can add the victim to a list of persons requiring special attention.

Also, if the offender is arrested, certain conditions can be imposed on him before his release. For example, he might be told not to try to contact the victim, to keep a certain distance from her at all times, etc. If the offender violates these conditions, the victim should not hesitate to contact the police. The police can then arrest the suspect, who might be charged with a new offence.

To learn more about the measures that can be taken to ensure the victim’s safety, contact the police or a Centre d’aide aux victimes d’actes criminels (CAVAC) in your area. These organizations can give you more detailed information about your specific situation and offer you appropriate protection.

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