Criminal law

The victim

Is the victim of an offence automatically represented by a lawyer?

No, the victim isn’t responsible for pursuing the accused in criminal court; this is the Crown prosecutor’s job. As a result, the victim doesn’t have to be represented by a lawyer. The Crown prosecutor represents the interests of society at large when he brings charges against an accused, and this includes the interests of the victim. To learn more about what lawyers do, please refer to the following Infosheets entitled Everything you need to knom about the Crown prosecutorand The defense lawyer.

On the other hand, given her personal knowledge of the facts, a victim will often become the main witness in a case. This is why the victim will be called on by police investigators to recount what she knows about the offence. Mary Ann should write down any information she can think of that is linked to the crime to make the investigator’s and Crown prosecutor’s job easier. She should also be as honest as possible when testifying in court. To learn more on this topic, consult the Infosheet entitled Testifying as a victim.

In the end, Mary Ann will not have to retain the services of a lawyer to represent her in court.

Does the Crown prosecutor represent the victim’s interests?

No, as mentioned above, although the Crown prosecutor is often perceived as the victim’s lawyer, he does not actually represent the victim’s specific interests. The Crown prosecutor is neither the victim’s nor the police’s lawyer. The crown prosecutor represents the state and the public’s interest in each case. The idea is that, even though it is the victim that often suffers directly from an offence, pursuing crime generally benefits society as a whole. For example, if you buy a stereo and it doesn’t work, the only person affected is you. However, if you are robbed, society at large has an interest in ensuring that the thief is caught.

The Crown prosecutor therefore indirectly protects the interests of the victim, and generally works in cooperation with victim services.

Should a victim hire a lawyer to get compensation?

The main goal of criminal proceedings against an adolescent is not to get financial compensation for the victim. It is to teach the youth to take responsibility for his actions, to rehabilitate him, and to encourage him to reintegrate into society. However, given the wide range of sentences that can be imposed after an accused is found guilty, and in light of the sentencing principles, a judge might order the offender to repay the victim, to give back property that belongs to her, or to perform certain tasks for her. In order to obtain this kind of compensation for the victim, the Crown prosecutor must make a request before the court during sentencing. Otherwise, the victim will not receive anything.

The victim is allowed to fill out a “Victim Impact Statement”; this is a form that is sent to her after charges have been laid. In this document, she can describe her wounds, the financial losses she sustained, or the psychological trauma she experienced as a result of the offence. When this kind of statement is made by the victim and given to the Crown prosecutor, the latter must submit it into evidence and the judge must take it into consideration when deciding on a sentence for the youth. This allows the victim to play a direct role in determining the sentence. In fact, a judge must ask whether the victim has exercised her right to make such a statement.

What’s more, when the victim meets with the youth worker in charge of writing the pre-sentence report, she will have a chance to give a detailed description of the harms she suffered as a result of the offence.

If the victim is not satisfied with the compensation ordered by the youth court, she can file a claim in civil court for financial losses for which she has not been compensated. Civil charges must be filed by the victim herself. But beware! If the victim is claiming $7000 or less in compensation, she must file her claim in the Small Claims Division of the Court of Quebec. People represent themselves in small claims court, so no lawyer is needed. Mary Ann is seeking $5000 for the costs of the dental work she needed as a result of her attack. Since the attacker cannot afford to pay more than $250, the youth court has ordered the youth to compensate Mary Ann in this amount. In order to recover the remaining $4750, Mary Ann’s parents can make a civil claim in her name against the youth and the youth’s parents before the Small Claims Division of the Court of Quebec.

Does the victim have to hire and pay a lawyer to get compensation in civil court?

Generally, when a victim decides to consult a lawyer, she will have to pay for the costs of the service. However, the cost may be reduced if the matter is covered by Legal Aid and if the victim is eligible for Legal Aid.

If the victim wishes to pursue her claim in small claims court, she will have to keep her claim for damages to $7000 or less. If the claim is being pursued in a court other than the small claims court, it is nearly impossible to avoid hiring a lawyer to take charge of proceedings.

Finally, a variety of organisations can provide help for victims, and their programs may offer some financial compensation.

• IVAC (programme d’indemnisation des victimes d’actes criminels): a compensation program for victims of crime
  
  
• CALACS (Centres d’aide et de lutte contre les agressions à caractère sexuel): a help center for sexual assault victims
  
  
• CAVAC (Crime Victims Assistance Center)

To find the phone number for one of these organisations, a victim can look in a phone book or obtain information from her local police station or CLSC. All services offered are free and confidential.

1. Côtécour, chambre de la jeunesse