Understanding Family Violence and Sexual Assault in the Territories, First Nations, Inuit and Métis Peoples

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Appendix: Crown Prosecutor File Review Questionnaire

Please, print clearly the answer for each question in the boxes.

CODING SHEET NUMBER # (F or S)-(number)

PART 1: CODER IDENTIFICATION

• ⁰¹
• ⁰²
• ⁰³

PART 2: CASE IDENTIFIERS

• 2.1 Crown attorney file number

  • 

• 2.2 CPIC (Canadian Police Information Centre) number If no CPIC number, please leave it blank

  • 

PART 3: SOCIODEMOGRAPHIC INFORMATION OF THE ACCUSED

• 3.1 Date of birth Year  Month  Day

• 3.2 Gender 

  • ⁰¹ Male
  • ⁰² Female

• 3.3 Ethnic group

  • ⁰¹ Inuit (as identified through name)
  • ⁰² Inuit (as identified in file)
  • ⁰³ Other Aboriginal (as identified in file)
  • ⁰⁴ Caucasian
  • ⁰⁵ Other:
    
  • ⁹⁹ Unknown

• 3.4 Marital status at the time of the instant[12] offence/s

  • ⁰¹ Single
  • ⁰² Common-law[13]
  • ⁰³ Married
  • ⁰⁴ Divorced
  • ⁰⁵ Separated
  • ⁰⁶ Widowed
  • ⁹⁹ Unknown

• 3.5 Living arrangements at the time of the instant offence/s

  • ⁰¹Alone
  • ⁰²With spouse/common-law
  • ⁰³With spouse/common-law and children (or step-children)
  • ⁰⁴With children (or step-children) only
  • ⁰⁵With parents
  • ⁰⁶With other relatives.  Please specify:
    
  • ⁰⁷With friends
  • ⁰⁸Transient[14] 
  • ⁰⁹Other:
    
  • ⁹⁹Unknown

• 3.6 Birth community of the accused

  Northwest Territories
  Outside NWT

  • ⁰¹ Aklavik
  • ⁰² Colville Lake  
  • ⁰³ Deline 
  • ⁰⁴ Fort Good Hope 
  • ⁰⁵ Fort McPherson
  • ⁰⁶ Holman 
  • ⁰⁷ Inuvik  
  • ⁰⁸ Norman Wells  
  • ⁰⁹ Paulatuk 
  • ¹⁰ Sachs Harbour 
  • ¹¹ Tssigehtchic 
  • ¹² Tuktoyaktuk 
  • ¹³ Tulita 
  • ¹⁴ Ford Liard
  • ¹⁵ Fort Providence
  • ¹⁶ Jean Marie River 
  • ¹⁷ Kakisa Lake
  • ¹⁹ Nahanni Butte
  • ²⁰ Wrigley
  • ²¹ Trout Lake 
  • ²² Rae Edzo
  • ²³ Gameti
  • ²⁴ Wha Ti
  • ²⁵ Wekweto (Snare Lakes) 
  • ²⁶ Enterprise
  • ²⁷ Hay River Reserve[15]
  • ²⁸ Hay River
  • ²⁹ Fort Resolution 
  • ³⁰ Lutselk’e 
  • ³¹ Fort Smith 
  • ³² Yellowknife
  • ³³ NWT but community unknown 
  • ³⁴ Nunavut 
  • ³⁵Yukon 
  • ³⁶Other Canada 
  • ³⁷Outside Canada 
  • ³⁸ Fort Simpson
  • ⁹⁹ Unknown

• 3.7 Community in which the instant offence/s occurred

  Northwest Territories
  Outside NWT

  • ⁰¹ Aklavik
  • ⁰² Colville Lake 
  • ⁰³ Deline 
  • ⁰⁴ Fort Good Hope
  • ⁰⁵ Fort McPherson
  • ⁰⁶  Holman
  • ⁰⁷ Inuvik 
  • ⁰⁸ Norman Wells
  • ⁰⁹ Paulatuk
  • Please specify which ones:
    ¹⁰ Sachs Harbour  
  • ¹¹ Tssigehtchic 
  • ¹² Tuktoyaktuk 
  • ¹³ Tulita 
  • ¹⁴ Ford Liard  
  • ¹⁵ Fort Providence
  • ¹⁶ Jean Marie River
  • ¹⁷ Kakisa Lake
  • ¹⁸ Fort Simpson
  • ¹⁹ Nahanni Butte
  • ²⁰ Wrigley
  • ²¹ Trout Lake 
  • ²² Rae Edzo
  • ²³ Gameti 
  • ²⁴ Wha Ti
  • ²⁵ Wekweto (Snare Lakes)
  • ²⁶ Enterprise
  • ²⁷ Hay River Reserve[16]
  • ²⁸ Hay River
  • ²⁹ Fort Resolution
  • ³⁰ Lutselk’e
  • ³¹ Fort Smith
  • ³² Yellowknife
  • ³³ NWT but community unknown
  • ³⁴ Multiple communities. 
  • ³⁵ Nunavut
  • ³⁶ Yukon 
  • ³⁷ Other Canada
  • ³⁸ Outside Canada 
  • ⁹⁹ Unknown 

• 3.8 Work status at the time of the instant offence/s

  • ⁰¹ Traditional work only, such as hunting, fishing, artwork, other
  • ⁰² Employed for pay and doing traditional work
  • ⁰³ Employed for pay full time
  • ⁰⁴ Employed for pay part time or seasonally
  • ⁰⁵ Employed for pay but full time or part time is unknown
  • ⁰⁶ Unemployed
  • ⁰⁷ Student
  • ⁰⁸ Other. Please specify
    
  • ⁹⁹ Unknown

• 3.9 Highest level of education achieved at the time of the instant offence/s

  • ⁰¹ Illiterate or no school
  • ⁰² Primary/elementary school
  • ⁰³ Secondary school
  • ⁰⁴ High school diploma
  • ⁰⁵ Some community or college
  • ⁰⁶ Community or college degree
  • ⁰⁷ Some university education
  • ⁰⁸ University degree
  • ⁰⁹ Post-graduate degree
  • ⁹⁹ Unknown

PART 4: PERSONAL HISTORY OF ACCUSED

• 4.1 Known victimization of accused[17]  (Check all that apply.)

  • ⁰¹ No victimization
  • ⁰² Yes, physical victimization
  • ⁰³ Yes, emotional victimization
  • ⁰⁴ Yes,sexual victimization
  • ⁹⁹ Unknown

• 4.2Any history of suicidal attempts?

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

• 4.2 (b) Any history of suicidal ideation?

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

• 4.3 Any history of violent behaviour?

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

• 4.4 Who raised the accused?  (Check all that apply.)

  • ⁰¹ Parents
  • ⁰² Adoptive/Foster parents
  • ⁰³ Grandparents
  • ⁰⁴ Other family members
  • ⁰⁵ Other.  Please specify: 
    
  • ⁹⁹ Unknown

• 4.5 Any history (past and/or up to the instant offence/s) of substance abuse.  ( Check all that apply.)

  • ⁰¹ No  (Go to Part 5)
  • ⁰² Yes,alcohol/home brew
  • ⁰³ Yes,drugs or other substance/s
  • ⁰⁴ Yes, but substance not clear
  • ⁹⁹ Unknown  (Go to Part 5)

• 4.6 If yes to drugs, please specify which one.  (Check all that apply.)

  • ⁰¹ Cannabis
  • ⁰² Hashish
  • ⁰³ Glue 
  • ⁰⁴ Gasoline
  • ⁰⁵ Cocaïne
  • ⁰⁶ Heroïne
  • ⁰⁷ Ecstasy
  • ⁰⁸ Other.  Please specify:
    
  • ⁹⁹ Unknown

• 4.7 If yes to any kind of substance abuse, what is the extent?

  • ⁰¹Occasional
  • ⁰²Occasional but heavy quantity
  • ⁰³Regularly, i.e.,  more than once a week (no matter the quantity)
  • ⁹⁹Unknown

• 4.8 Did the accused receive any treatment for substance abuse?

  • ⁰¹ Yes, just once
  • ⁰² Yes, more than once
  • ⁰³ Yes, but don’t know to what extent
  • ⁰⁴ No
  • ⁹⁹ Unknown

PART 5: DETAILS OF CURRENT CHARGES/CONVICTIONS

• 5.1 Charge[18] #sec1  5.1 (a)  If initial charge was dropped  to a lesser charge, code the lesser charge  

• 5.2 Date #sec1 (From) Year  Month  Day (To)  Year  Month  Day  

• 5.3 Plea#sec1 (Offender)

• 5.4 Decision/disposition #sec1 (Judge/Jury)

  • ⁰¹ Charge withdrawn, stayed ⁰¹  Not guilty/acquittal
  • ⁰² Pleads not guilty at first appearance, then pleads guilty at a later stage ⁰²Peace bond
  • ⁰³ Pleads not guilty, but charge is withdrawn/stayed by Crown at a later stage.
  • ⁰³ Judicialstay (by Judge) Reason:
    
  • ⁰⁴ Withdrawn by Crown Counsel
  • ⁰⁴ Not Guilty 
  • ⁰⁵ Guilty ⁰⁶Not criminally responsible
  • ⁹⁹ Unknown ⁰⁷Unfit to stand trial 
  • ⁰⁸ Other.  Please specify: 
    
  • ⁰⁹ Crown Counsel stay
  • ⁹⁹ Unknown

• 5.5 What date was the complaint made by the victim/s?   OR    5.5 (a)  Date of offender’s confession

  Year  Month  Day

• 5.6 What date was the accused arrested?  Year  Month  Day

• 5.7 Date of decision/disposition #sec1  Year  Month  Day

• 5.8 Date of sentence #sec1 Year  Month  Day

• 5.9 What was the sentence for offence #sec1? ( Check all that apply.)

  •  ⁰¹ Absolute discharge
  • ⁰² Conditional discharge and probation.  Please write the number of days of probation:
  • ⁰³ Suspended sentence and probation. Please write the number of days of probation:
  • ⁰⁴ Conditional sentence.  Please write the number of days: Please complete question 6.6
  • ⁰⁵ Fine/Restitution.  Please write the dollar amount of fine/restitution:
  • ⁰⁶ Personal services.  Please describe:
    
  • ⁰⁷ Compensation order.  Please describe:
    
  • ⁰⁸ Community service.  Please write the type of community service:
    
  • ⁰⁹ Attend program.  Please write what kind of program:
    
  • ¹⁰ Probation.  Please write the number of days of probation: Please complete question 6.5
  • ¹¹ Time served.  Please write the number of days in time served prior to sentencing:
  • ¹² Custody.  Please write the number of days of custody:
  • ¹³ Intermittent custody.  Please write the number of days in intermittent custody:
  • ¹⁴ Other.  Please specify:
    
  • ⁹⁹ Unknown 

• 5.10  Charge #2 5.10 (a)  If initial charge was dropped  to a lesser charge, code the lesser charge  

• 5.11 Date #2 (From) Year  Month  Day (To)  Year  Month  Day

• 5.12 Plea#2 (Offender)

• 5.13 Decision/disposition #2 (Judge/Jury)

  • ⁰¹ Charge withdrawn, stayed 
  • ⁰¹ Not guilty/acquittal
  • ⁰²Pleads not guilty at first appearance, then pleads guilty at a later stage 
  • ⁰²Peace bond
  • ⁰³Pleads not guilty, but charge is withdrawn/stayed by Crown at a later stage.  
  • ⁰³Judicialstay (by Judge)  Reason:
    
  • ⁰⁴ Withdrawn by Crown Counsel
  • ⁰⁴ Not Guilty 
  • ⁰⁵ Guilty 
  • ⁰⁶ Not criminally responsible 
  • ⁹⁹ Unknown 
  • ⁰⁷ Unfit to stand trial 
  • ⁰⁸ Other.  Please specify:
    
  • ⁰⁹Crown Counsel stay
  • ⁹⁹ Unknown

• 5.14 What date was the complaint made by the victim/s?   OR  5.14 (a)  Date of offender’s confession

  • Year  Month  Day

• 5.15 What date was the accused arrested?  Year  Month  Day

• 5.16 Date of decision/disposition #2   Year  Month  Day

• 5.17 Date of sentence #2 Year  Month  Day

• 5.18 What was the sentence for offence #2? ( Check all that apply.) 

  • ⁰¹ Absolute discharge
  • ⁰² Conditional discharge and probation.  Please write the number of days of probation:
  • ⁰³ Suspended sentence and probation. Please write the number of days of probation:
  • ⁰⁴ Conditional sentence.  Please write the number of days: Please complete question 6.6
  • ⁰⁵ Fine/Restitution.  Please write the dollar amount of fine/restitution:
  • ⁰⁶ Personal services.  Please describe:
    
  • ⁰⁷ Compensation order.  Please describe:
    
  • ⁰⁸ Community service.  Please write the type of community service:
    
  • ⁰⁹ Attend program.  Please write what kind of program:
    
  • ¹⁰ Probation.  Please write the number of days of probation: Please complete question 6.5
  • ¹¹ Time served.  Please write the number of days in time served prior to sentencing:
  • ¹² Custody.  Please write the number of days of custody:
  • ¹³  Intermittent custody.  Please write the number of days in intermittent custody:
  • ¹⁴  Other.  Please specify:
    
  • ⁹⁹  Unknown 

• 5.19 Charge #35.19 (a)  If initial charge was dropped  to a lesser charge, code the lesser charge  

• 5.20 Date #3 (From) Year  Month  Day (To)  Year  Month  Day

• 5.21 Plea #3 (Offender)

• 5.22  Decision/disposition #3 (Judge/Jury)

  • ⁰¹ Charge withdrawn, stayed
  • ⁰¹ Not guilty/acquittal
  • ⁰² Pleads not guilty at first appearance, then pleads guilty at a later stage
  • ⁰² Peace bond
  • ⁰³ Pleads not guilty, but charge is withdrawn/stayed by Crown at a later stage.
  • ⁰³ Judicialstay (by Judge) Reason: 
    
  • ⁰⁴ Withdrawn by Crown Counsel
  • ⁰⁴ Not Guilty 
  • ⁰⁵ Guilty 
  • ⁰⁶ Not criminally responsible 
  • ⁹⁹ Unknown 
  • ⁰⁷ Unfit to stand trial 
  • ⁰⁸ Other.  Please specify: 
    
  • ⁰⁹ Crown Counsel stay
  • ⁹⁹ Unknown

• 5.23 What date was the complaint made by the victim/s?  OR  5.23 (a)  Date of offender’s confession

  • Year  Month  Day

• 5.24 What date was the accused arrested? Year  Month  Day

• 5.25 Date of decision/disposition #3   Year  Month  Day

• 5.26   Date of sentence #3 Year  Month  Day

• 5.27 What was the sentence for offence #3? ( Check all that apply.) 

  • ⁰¹Absolute discharge
  • ⁰²Conditional discharge and probation.  Please write the number of days of probation:
  • ⁰³Suspended sentence and probation. Please write the number of days of probation:
  • ⁰⁴Conditional sentence.  Please write the number of days: Please complete question 6.6
  • ⁰⁵Fine/Restitution.  Please write the dollar amount of fine/restitution:
  • ⁰⁶Personal services.  Please describe:
    
  • ⁰⁷Compensation order.  Please describe:
    
  • ⁰⁸Community service.  Please write the type of community service:
    
  • ⁰⁹Attend program.  Please write what kind of program:
    
  • ¹⁰Probation.  Please write the number of days of probation: Please complete question 6.5
  • ¹¹Time served.  Please write the number of days in time served prior to sentencing:
  • ¹²Custody.  Please write the number of days of custody:
  • ¹³Intermittent custody.  Please write the number of days in intermittent custody:
  • ¹⁴Other.  Please specify:
    
  • ⁹⁹Unknown 
• 5.28 Charge #sec4 5.28 (a) If initial charge was dropped  to a lesser charge,code the lesser charge

• 5.29 Date #sec4 (From) Year  Month  Day (To) Year  Month  Day

• 5.30 Plea#sec4 (Offender)

• 5.31 Decision/disposition #sec4 (Judge/Jury) 

  • ⁰¹ Charge withdrawn, stayed 
  • ⁰¹ Not guilty/acquittal
  • ⁰² Pleads not guilty at first appearance, then pleads guilty at a later stage 
  • ⁰² Peace bond
  • ⁰³ Pleads not guilty, but charge is withdrawn/stayed by Crown at a later stage. 
  • ⁰³ Judicialstay (by Judge)   Reason:
    
  • ⁰⁴ Withdrawn by Crown Counsel
  • ⁰⁴ Not Guilty   
  • ⁰⁵ Guilty
  • ⁰⁵ Guilty 
    ⁰⁶ Not criminally responsible
  • ⁹⁹ Unknown 
    ⁰⁷ Unfit to stand trial 
  • ⁰⁸ Other.  Please specify: 
    
  • ⁰⁹ Crown Counsel stay
  • ⁹⁹ Unknown

• 5.32 What date was the complaint made by the victim/s?   OR    5.32 (a)  Date of offender’s confession

      Year  Month  Day

• 5.33 What date was the accused arrested?  Year  Month  Day

• 5.34 Date of decision/disposition #sec4   Year  Month  Day

• 5.35 Date of sentence #sec4 Year  Month  Day

   5. 36   What was the sentence for offence #sec4? ( Check all that apply.)

  • ⁰¹ Absolute discharge
  • ⁰² Conditional discharge and probation.  Please write the number of days of probation:
  • ⁰³ Suspended sentence and probation. Please write the number of days of probation:
  • ⁰⁴ Conditional sentence.  Please write the number of days: Please complete question 6.6
  • ⁰⁵ Fine/Restitution.  Please write the dollar amount of fine/restitution:
  • ⁰⁶ Personal services.  Please describe:
    
  • ⁰⁷ Compensation order.  Please describe:
    
  • ⁰⁸ Community service.  Please write the type of community service:
    
  • ⁰⁹ Attend program.  Please write what kind of program:
    
  • ¹⁰ Probation.  Please write the number of days of probation: Please complete question 6.5
  • ¹¹ Time served.  Please write the number of days in time served prior to sentencing:
  • ¹² Custody.  Please write the number of days of custody:
  • ¹³ Intermittent custody.  Please write the number of days in intermittent custody:
  • ¹⁴ Other.  Please specify:
    
  • ⁹⁹ Unknown 

• 5.37 Charge #sec5

• 5.37(a) If initial charge was dropped  to a lesser charge, code the lesser charge

• 5.38 Date #sec5 (From) Year  Month  Day (To) Year  Month  Day  

• 5.39 Plea#sec5 (Offender)

• 5.40 Decision/disposition #sec5 (Judge/Jury) 

  • ⁰¹Charge withdrawn, stayed 
  • ⁰¹Not guilty/acquittal
  • ⁰²Pleads not guilty at first appearance, then pleads guilty at a later stage 
  • ⁰² Peace bond
  • ⁰³Pleads not guilty, but charge is withdrawn/stayed by Crown at a later stage.   
  • ⁰³ Judicialstay (by Judge)    Reason:
    
  • ⁰⁴ Withdrawn by Crown Counsel
  • ⁰⁴ Not Guilty 
  • ⁰⁵ Guilty
  • ⁰⁶ Not criminally responsible 
  • ⁹⁹ Unknown 
  • ⁰⁷ Unfit to stand trial 
  • ⁰⁸ Other.  Please specify:
    
  • ⁰⁹ Crown Counsel stay
  • ⁹⁹ Unknown

• 5.41 What date was the complaint made by the victim/s?  OR  5.41 (a)  Date of offender’s confession

  • Year  Month  Day

• 5.42 What date was the accused arrested?  Year  Month  Day

• 5.43 Date of decision/disposition #sec5 5.44  Date of sentence #sec5

  • Year  Month  Day

   5.45   What was the sentence for offence #sec5? ( Check all that apply.)

  • ⁰¹Absolute discharge
  • ⁰²Conditional discharge and probation.  Please write the number of days of probation:
  • ⁰³Suspended sentence and probation. Please write the number of days of probation:
  • ⁰⁴Conditional sentence.  Please write the number of days: Please complete question 6.6
  • ⁰⁵Fine/Restitution.  Please write the dollar amount of fine/restitution:
  • ⁰⁶Personal services.  Please describe:
    
  • ⁰⁷Compensation order.  Please describe:
    
  • ⁰⁸Community service.  Please write the type of community service:
    
  • ⁰⁹Attend program.  Please write what kind of program:
    
  • ¹⁰Probation.  Please write the number of days of probation:Please complete question 6.5
  • ¹¹Time served.  Please write the number of days in time served prior to sentencing:
  • ¹²Custody.  Please write the number of days of custody:
  • ¹³Intermittent custody.  Please write the number of days in intermittent custody:
  • ¹⁴Other.  Please specify:
    
  • ⁹⁹Unknown 

• 5.46 Are there any additional charges?

  • ⁰¹ No
  • ⁰² Yes.  Please specify the number of additional charges:

  Please attach and fill in a charge form for each additional charge.

  IF OFFENDER FOUND GUILTY ON CURRENT CHARGE/S If not found guilty on any charges, go directly to part 7

PART 6: MORE DETAILS ON THE SENTENCE/S

• 6.1 Was there a request for community banishment?

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

• 6.2 Was there a prohibition for firearms/weapons?

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

• 6.3   If custody for sexual and/or spousal assault, is it concurrent or consecutive?

  • ⁰¹ Neither concurrent or consecutive because only 1 order 
  • ⁰² Concurrent
  • ⁰³ Consecutive
  • ⁹⁸  N/A
  • ⁹⁹ Unknown

• 6.4 If custody (under YCJA[19] only) for sexual and/or spousal assault, is it open or secure or both?

  • ⁰¹ Open
  • ⁰² Secure
  • ⁰³ Both Open and Secure.  Number of days for Open:  Number of days for Secure:
  • ⁹⁸ N/A
  • ⁹⁹ Unknown

• 6.5 If probation, please check the conditions.  (Check all that apply)

  • ⁹⁸ Not applicable
  • ⁹⁹ Conditions not on file.
  • ⁰¹ You must keep the peace and be of good behaviour.
  • ⁰² You must promptly notify the court or probation officer or supervisor of any change of employment or occupation.
  • ⁰³ You must appear before the Court when required to do so.
  • ⁰⁴ You must notify the Court or your probation officer in advance of any change of name or address.
  • ⁰⁵ You must attend Court on the day of , (year) at for the purpose of .
  • ⁰⁶ You must report to a probation officer on and thereafter as directed you will be under the supervision of the probation officer. 
  • ⁰⁷ You must remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the probation officer or supervisor.
  • ⁰⁸ You must reside at until further order of this court, and you will obey the rules of that residence OR in a residence or place as directed by your probation officer.
  • ⁰⁹ You must obey a curfew and be inside your residence between the hours of p.m. and a.m. daily unless you have been given written permission to be away from your home by your parents/probation officer/RCMP.
  • ¹⁰ You must not approach within (number) meters of the residence or place of employment of victims.
  • ¹¹ You must abstain absolutely from the possession or consumption of any intoxicating substances (including alcohol) unless a physician lawfully prescribes the substance.
  • ¹² You must not be present in any residence/establishment where alcohol is being served.
  • ¹³ You must not be under the influence of alcohol to any degree in a public place.
  • ¹⁴  You must seek or maintain employment and provide a monthly report to your probation officer on your efforts to do so.
  • ¹⁵  You will attend school regularly.
  • ¹⁶ You will attend such educational or recreational programs as may be directed by your probation officer and not be absent from these programs without the permission of your probation officer.
  • ¹⁷ You must undergo an assessment (e.g. alcohol, psychological).  Please describe:
    
  • ¹⁸ You will attend counselling (e.g. family, anger management counselling, addictions counselling, alcohol counselling) directed by your probation officer.  Please describe: 
    
  • ¹⁹ You must take a treatment program.  Please specify what kind:
    
  • ²⁰ You must perform hours of community service work as and when directed to do so by your probation officer his or her lawful designate) and to his or her satisfaction, to be completed by .
  • ²¹ You must pay restitution in the amount of  $  to be paid in full by .
  • ²² You must perform  hours of work service for the benefit of (if consented to by the victim in writing) and to the satisfaction of your probation officer, to be completed by .
  • ²³ You must make reasonable efforts to provide for the support and care of .
  • ²⁴ You must have no direct or indirect contact with (the victim).
  • ²⁵ If (the victim) initiates contact with you, you must immediately notify your probation officer.
  • ²⁶ You must not resume cohabitation with victim.
  • ²⁷ You must not be present with children under the age of   years old unless a reasonable adult is present.
  • ²⁸ You may not possess or carry any firearm or ammunition within any community in NWT.  You may use a gun only for hunting while out on the land (in the company of a responsible adult).
  • ²⁹ You must meet with the Justice Committee as directed by your probation officer for the purpose of receiving traditional counselling or providing an in person apology to the victim.
  • ³⁰ You must immediately leave the presence of when you are requested to do so by her/him, or a member of the RCMP, and you must have no further contact with this person for a period of twenty-four hours following such a request.
  • ³¹ Other condition.  Please describe:
    

• 6.6 If conditional sentence, please check the conditions.  (Check all that apply.)

  • ⁹⁸Not applicable
  • ⁹⁹Conditions not on file.
  • ⁰¹You must keep the peace and be of good behaviour.
  • ⁰²You must promptly notify the court or probation officer or supervisor of any change pf employment or occupation.
  • ⁰³ You must appear before the Court when required to do so.
  • ⁰⁴You must notify the Court or your probation officer in advance of any change of name or address.
  • ⁰⁵You must attend Court on the day of , (year) at for the purpose of .
  • ⁰⁶You must report to a probation officer on and thereafter as directed you will be under the supervision of the probation officer. 
  • ⁰⁷You must remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the probation officer or supervisor.
  • ⁰⁸ You must reside at until further order of this court, and you will obey the rules of that residence OR in a residence or place as directed by your probation officer.
  • ⁰⁹You must obey a curfew and be inside your residence between the hours of p.m. and a.m. daily unless you have been given written permission to be away from your home by your parents/probation officer/RCMP.
  • ¹⁰You must not approach within (number) meters of the residence or place of employment of victims.
  • ¹¹You must abstain absolutely from the possession or consumption of any intoxicating substances (including alcohol) unless a physician lawfully prescribes the substance.
  • ¹²You must not be present in any residence/establishment where alcohol is being served.
  • ¹³You must not be under the influence of alcohol to any degree in a public place.
  • ¹⁴You must seek or maintain employment and provide a monthly report to your probation officer on your efforts to do so.
  • ¹⁵You will attend school regularly.
  • ¹⁶ You will attend such educational or recreational programs as may be directed by your probation officer and not be absent from these programs without the permission of your probation officer.
  • ¹⁷You must undergo an assessment (e.g. alcohol, psychological).  Please describe:
  • ¹⁸You will attend counselling (e.g. family, anger management counselling, addictions counselling, alcohol counselling) directed by your probation officer.  Please describe: 
    
  • ¹⁹You must take a treatment program.  Please specify what kind:
    
  • ²⁰You must perform hours of community service work as and when directed to do so by your probation officer (or his or her lawful designate) and to his or her satisfaction, to be completed by.
  • ²¹You must pay restitution in the amount of  $  to be paid in full by .
  • ²²You must perform  hours of work service for the benefit of(if consented to by the victim in writing) and to the satisfaction of your probation officer, to be completed by.
  • ²³You must make reasonable efforts to provide for the support and care of.
  • ²⁴You must have no direct or indirect contact with (the victim).
  • ²⁵If (the victim) initiates contact with you, you must immediately notify your probation officer.
  • ²⁶You must not resume cohabitation with victim.
  • ²⁷You must not be present with children under the age of   years old unless a reasonable adult is present.
  • ²⁸You may not possess or carry any firearm or ammunition within any community in NWT.  You may use a gun only for hunting while out on the land (in the company of a responsible adult).
  • ²⁹You must meet with the Justice Committee as directed by your probation officer for the purpose of receiving traditional counselling or providing an in person apology to the victim.
  • ³⁰You must immediately leave the presence of when you are requested to do so by her/him, or a member of the RCMP, and you must have no further contact with this person for a period of twenty-four hours following such a request.
  • ³¹Other condition.  Please describe:

---

PART 7: INFORMATION AT TIME OF CHARGE, AT DETENTION AND AT TRIAL

• 7.1  What file are these current offences from?

  • ⁰¹ Youth file (Youth Criminal Justice Act -YCJA)
  • ⁰² Adult file (Criminal Code)
  • ⁰³ Both youth and adult files
  • ⁹⁹ Unknown

• 7.2  Was the accused on probation at time of charge?

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

• 7.3  Was the accused on parole at time of charge?

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

• 7.4 Was the accused under charge for other crimes when arrested?  Please write the codes of the 4 most serious charges (See Appendix B for severity scale)

  • ⁰¹ Yes. Charge #sec1 Charge #2 Charge #3 Charge #sec4
    ⁰² No
  • ⁹⁹ Unknown

• 7.5  Was the offender detained?

  • ⁰¹ No, never
  • ⁰² Yes, by police after arrest
  • ⁰³ Yes, by Justice of Peace by bail hearing
  • ⁰⁴ Yes, during case processing after a warrant issued
  • ⁰⁵ Yes, during case processing on another charge
  • ⁰⁶ Yes, by the court during case processing for other reason.  Please specify:
    
  • ⁰⁷ Yes, multiple detentions after arrest
  • ⁰⁸ Yes, other (e.g. yes, detained but dk whether 2 or 3 or 4; in custody all the time)
  • ⁹⁹ Unknown

• 7.6  Was the accused represented by counsel when in court?

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

• 7.7  If accused represented by counsel, was it a legal aid counsel? 

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

• 7.8  Was the accused diverted to an alternative justice?

  • ⁰¹ No
  • ⁰² Yes.  The accused was referred to community justice (community justice committee).
  • ⁰³ Yes. The accused was referred to alternative justice, other than community justice.  Please specify:
    
  • ⁰⁴ Alternative or community justice was suggested but not available.
  • ⁹⁹ Unknown

• 7.9  Date of first appearance in court Year  Month  Day

  7.10  Date of last appearance in court (or date of completion of file)?

  • Year  Month  Day

  7.11  Number of hearings

  7.12  Is there any indication of lack of knowledge of English by the accused when in court?

  • ⁰¹Yes.  Please explain:
    
  • ⁰² No
  • ⁹⁹ Unknown

  7.13 Was a trial date set for the instant offence/s? 

  • ⁰¹ Yes
  • ⁰² No  (Go to Q 7.15)
  • ⁹⁹ Unknown

  7.14  If yes, did a trial actually take place?

  • ⁰¹Yes  (Go to Q 7.16)
  • ⁰²No
  • ⁹⁹Unknown

  7.15  If no trial took place, why not?

  • ⁰¹Accused plead guilty from the right beginning.
  • ⁰²Accused changed plea.
  • ⁰³Plea bargain to plead to a lesser charge
  • ⁰⁴Crown ould not proceed with trial due to problems with evidence, witnesses, etc.
  • ⁰⁵Other.  Please specify:
    
  • ⁹⁹ Unknown

  7.16  Date of first trial Year  Month  Day

  7.17  Was it a trial before a judge alone or a trial before a jury? 

  • ⁰¹A judge alone
  • ⁰²A judge and jury
  • ⁹⁹Unknown

  7.18  Was the verdict appealed? 

  • ⁰¹Yes
  • ⁰²No
  • ⁰³No.  The request was denied.
  • ⁹⁹Unknown
  7.19  If the case went to Appeal, for what charge was it?  (Write the code)
  •   Charge #sec1 Charge #2 Charge #3 Charge #sec4

  7.20  Was the Appeal successful?

  • ⁰¹Yes, on the verdict only.
  • ⁰²Yes, on the sentence only.
  • ⁰³Yes, on both the verdict and the sentence.
  • ⁰⁴No
  • ⁹⁹Unknown
  7.21 What was the new sentence?  Please write the sentence for each charge
  • Charge #sec1:  Charge #2:  Charge #3:  Charge #sec4:  

  PART 8:  CHARACTERISTICS OF THE INSTANT OFFENCE[20]

  8.1 Alcohol and or drug consumption of accused preceeding or as part of the most severe incident of sexual or spousal assault?

  • ⁰¹ No (Go to Q 8.3)
  • ⁰² Yes,alcohol only 
  • ⁰³ Yes,drug/s only
  • ⁰⁴ Yes,both alcohol & drugs
  • ⁰⁵ Yes,some alcohol or drugs consumed prior to incident but unknown what substances were consumed
  • ⁰⁶ Yes,some other substances such as glue, gasoline
  • ⁹⁹ Unknown

  8.2 What type of substance did the accused use at time of offence? (Check all that apply).

  • ⁰¹Cannabis 
  • ⁰²Hashish 
  • ⁰³Glue 
  • ⁰⁴Gasoline
  • ⁰⁵Cocaïne
  • ⁰⁶Heroïne
  • ⁰⁷Ecstasy
  • ⁰⁸Other.  Please specify:
    
  • ⁹⁹Unknown 

  8.3  Was a weapon involved in the offence?

  • ⁰¹Yes
  • ⁰²No (Go to 8.5)
  • ⁹⁹Unknown  (Go to 8.5)

  8.4  If yes, what kind of weapon?  (Check all that apply)

  • ⁰¹Blunt instrument, e.g., hard or heavy object such as a chair, a baseball ball, unbroken beer bottle, wooden stick.
  • ⁰²Knife 
  • ⁰³Other piercing or cutting instrument, e.g., hatchet, razor blade, broken bottle.  Please specify:
  • ⁰⁴Firearm-type weapon, but not a firearm (BBgun, facsimile gun, starter’s pistol, pellet pistol, etc.). Specify:
    
  • ⁰⁵Firearm (rifle, shotgun, handgun).  Please specify:
    
  • ⁰⁶Other.  Please specify:
    
  •  ⁹⁹Unknown

  8.5  Is it alleged that the accused committed his/her crime with anyone else?

  • ⁰¹No
  • ⁰²Yes
  • ⁹⁹Unknown

  8.6 If yes, how many others?

  8.7 If yes, what is the number of co-accused?[21]   

  PART 9: VICTIMS.

  9.1 Number of victim/s who were injured

  9.2 Age of Victim #sec1 

  9.3 Sex of victim #sec1

  • ⁰¹ Male 
  • ⁰² Female

  9.4 Was a Victim Impact Statement (VIS) prepared by the victim #sec1?

  • ⁰¹Yes
  • ⁰²No

  9.5 Nature of the most serious physical injuries[22] for victim # 1

  • ⁰¹ No injury.
  • ⁰² Minor  physical injury -injury that required no professional medical treatment or only some first aid, e.g. scratches, bruises, cuts, abrasions.
  • ⁰³ Major physical injury  -injury that is more than “trifling” or “transient” in nature and that required professional medical attention at the scene or transportation to a hospital emergency/outpatient department, e.g. stitches, broken bones. 
  • ⁰⁴  Other.  Please specify:
    
  • ⁹⁹ Unknown

  9.6 Nature of emotional trauma for victim # 1 (Check all that apply.)

  • ⁰¹No known emotional trauma.
  • ⁰²Fear/Scare/Frightened
  • ⁰³Angry
  • ⁰⁴Behavioural change (e.g. cannot leave the house). Please specify:
    
  • ⁰⁵Distress
  • ⁰⁶Emotionally unstable.  Please describe:
    
  • ⁰⁷ Depression
  • ⁰⁸ Suicidal ideas or attempts
  • ⁰⁹ Other.  Please specify:
    
  • ⁹⁹ Unknown

  9.6 (a)  Was the victim #sec1 under the influence of drugs or/and alcohol when the incident happened?

  • ⁰¹ Yes.  Please write what kind of substance:
    
  • ⁰² No
  • ⁹⁹ Unknown

  9.6 (b)  Was the offender under the influence of drugs or/and alcohol when he/she assaulted the victim #sec1?

  • ⁰¹ Yes. Please write what kind of substance:
    
  • ⁰²No
  • ⁹⁹Unknown

  9.7  What is the relationship between the accused and the victim# 1?  (Victim # 1 is the   of the accused.)

  • ⁰¹Spouse  
  • ⁰²Common-law partner   
  • ⁰³Separated husband/wife 
  • ⁰⁴Divorced husband/wife 
  • ⁰⁵Same sex partner  
  • ⁰⁶Boyfriend/Girlfriend
  • ⁰⁷Extra-marital lover 
  • ⁰⁸Son/Daughter
  • ⁰⁹ Step-child
  • ¹⁰Grand-child 
  • ¹¹Niece/Nephew 
  • ¹²Sibling
  • ¹³Friend
  • ¹⁴Neighbour
  • ¹⁵Casual acquaintance
  • ¹⁶Stranger
  • ¹⁷Other:______
  • ¹⁸ Student  
  • ⁹⁹Unknown

  9.7  (a)   Did Victim #sec1 refuse to pursue charges?

  • ⁰¹Yes
  • ⁰²No
  • ⁹⁹Unknown

  9.7 (b)  Did Victim #sec1 want to testify in court?

  • ⁰¹Yes
  • ⁰²No. Victim #sec1 was a reluctant witness (did not want to testify from the right beginning)
  • ⁰³No. Victim #sec1 was a recanting witness (wanted to testify at the beginning but did not want after)
  • ⁹⁹Unknown

  9.8  Age of Victim #2 

  9.9  Sex of victim #2

  • ⁰¹ Male
  • ⁰² Female

  9.10 Was a Victim Impact Statement (VIS) prepared by the victim #2?

  • ⁰¹ Yes
  • ⁰² No

  9.11 Nature of the most serious physical injuries for victim # 2

  • ⁰¹ No injury.
  • ⁰² Minor  physical injury  -injury that required no professional medical treatment or only some first aid, e.g. scratches, bruises, cuts, abrasions.
  • ⁰³ Major physical injury  -injury that is more than “trifling” or “transient” in nature and that required professional medical attention at the scene or transportation to a hospital emergency/outpatient department, e.g. stitches, broken bones. 
  • ⁰⁴ Other.  Please specify:
    
  • ⁹⁹ Unknown

  9.12  Nature of emotional trauma for victim # 2 (Check all that apply.)

  • ⁰¹No known emotional trauma.
  • ⁰²Fear/Scare/Frightened
  • ⁰³Angry
  • ⁰⁴Behavioural change (e.g. cannot leave the house).  Please specify:
    
  • ⁰⁵Distress
  • ⁰⁶Emotionally unstable.  Please describe:
    
  • ⁰⁷Depression
  • ⁰⁸Suicidal ideas or attempts
  • ⁰⁹Other.  Please specify:
    
  • ⁹⁹Unknown

  9.12 (a)  Was the victim #2  under the influence of drugs or/and alcohol when the incident happened?

  • ⁰¹Yes. Please write what kind of substance:
    
  • ⁰²No
  • ⁹⁹Unknown
  9.12 (b)  Was the offender under the influence of drugs or/and alcohol when he/she assaulted the victim #2?
  • ⁰¹Yes.  Please write what kind of substance:
    
  • ⁰²No
  • ⁹⁹Unknown

  9.13  What is the relationship between the accused and the victim #2? (Victim # 2 is the…of the accused.)

  • ⁰¹ Spouse 
  • ⁰² Common-law partner 
  • ⁰³ Separated husband/wife 
  • ⁰⁴ Divorced husband/wife  
  • ⁰⁵ Same sex partner  
  • ⁰⁶ Boyfriend/Girlfriend  
  • ⁰⁷ Extra-marital lover
  • ⁰⁸ Son/Daughter 
  • ⁰⁹ Step-child 
  • ¹⁰ Grand-child
  • ¹¹ Niece/Nephew 
  • ¹² Sibling
  • ¹³ Friend
  • ¹⁴ Neighbour
  • ¹⁵ Casual acquaintance
  • ¹⁶ Stranger
  • ¹⁷ Other:
  • ¹⁸ Student 
  • ⁹⁹ Unknown

  9.13(a)  Did Victim #2 refuse to pursue charges?

  • ⁰¹Yes
  • ⁰²No
  • ⁹⁹Unknown

  9.13 (b)  Did Victim #2 want to testify in court?

  • ⁰¹Yes
  • ⁰²No. Victim #2 was a reluctant witness (did not want to testify from the right beginning)
  • ⁰³No. Victim #2 was a recanting witness (wanted to testify at the beginning but did not want after)
  • ⁹⁹Unknown

  9.14  Age of Victim #3 

  9.15  Sex of victim #3

  • ⁰¹Male
  • ⁰²Female

  9.16  Was a Victim Impact Statement (VIS) prepared by the victim #3?

  • ⁰¹Yes
  • ⁰²No

  9.17  Nature of the most serious physical injuries for victim # 3 

  • ⁰¹No injury.
  • ⁰²Minor  physical injury  -injury that required no professional medical treatment or only some first aid, e.g. scratches, bruises, cuts, abrasions.
  • ⁰³Major physical injury  -injury that is more than “trifling” or “transient” in nature and that required professional medical attention at the scene or transportation to a hospital emergency/outpatient department, e.g. stitches, broken bones. 
  • ⁰⁴ Other.  Please specify:
    
  • ⁹⁹Unknown

  9.18 Nature of emotional trauma for victim # 3  (Check all that apply.)

  • ⁰¹No known emotional trauma.
  • ⁰²Fear/Scare/Frightened
  • ⁰³Angry
  • ⁰⁴Behavioural change (e.g. cannot leave the house).  Please specify:
    
  • ⁰⁵Distress
  • ⁰⁶Emotionally unstable.  Please describe:
    
  • ⁰⁷Depression
  • ⁰⁸Suicidal ideas or attempts
  • ⁰⁹Other. Please specify:
    
  • ⁹⁹Unknown

  9.18 (a)  Was the victim #3 under the influence of drugs or/and alcohol when the incident happened?

  • ⁰¹Yes. Please write what kind of substance:
    
  • ⁰²No
  • ⁹⁹Unknown

  9.18 (b)  Was the offender under the influence of drugs or/and alcohol when he/she assaulted the victim #3?

  • ⁰¹Yes.  Please write what kind of substance:
    
  • ⁰²No
  • ⁹⁹Unknown

  9.19  What is the relationship between the accused and the victim#3?  (Victim # 3 is the …of the accused.)

  • ⁰¹ Spouse 
  • ⁰² Common-law partner 
  • ⁰³ Separated husband/wife 
  • ⁰⁴ Divorced husband/wife 
  • ⁰⁵ Same sex partner  
  • ⁰⁶ Boyfriend/Girlfriend
  • ⁰⁷ Extra-marital lover
  • ⁰⁸ Son/Daughter 
  • ⁰⁹ Step-child 
  • ¹⁰ Grand-child 
  • ¹¹ Niece/Nephew 
  • ¹² Sibling 
  • ¹³ Friend 
  • ¹⁴ Neighbour
  • ¹⁵ Casual acquaintance
  • ¹⁶ Stranger
  • ¹⁷ Other:
  • ¹⁸ Student 
  • ⁹⁹ Unknown
  9.19(a)  Did Victim #3 refuse to pursue charges?
  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

  9.19 (b)  Did Victim #3 want to testify in court?

  • ⁰¹ Yes
  • ⁰² No.  Victim #3 was a reluctant witness (did not want to testify from the right beginning)
  • ⁰³ No.  Victim #3 was a recanting witness (wanted to testify at the beginning but did not want after)
  • ⁹⁹ Unknown

  PART 10:  Victim Risk Assessment Form

  10.1  Was there a Victim Risk Assessment form completed?

  • ⁰¹ Yes.  Please copy the form and attach it to the questionnaire
  • ⁰² No
  • ⁹⁹ Unknown

  PART 11: Predisposition report (PRD)

  11.1 Was the court provided with a predisposition report (PDR)?  If the answer is “no”, “N/A” or “unknown”, go to part 12.

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁸ N/A
  • ⁹⁹ Unknown

  11.2 Was there a recommendation for sentence in the PDR? (Check all that apply).  

  • ⁰¹  No recommendation discernable
  • ⁰² Recommendation for custody (e.g. has not been successful on previous community dispositions) 
  • ⁰³ Recommendation for community sentence
  • ⁰⁴ Other.  Please specify:
    
  • ⁹⁹  Unknown

  11.3 What were the positive attributes in PDR for recommended sentence?  (Check all that apply.)

  • ⁰¹  Shows remorse
  • ⁰²  Victim empathy
  • ⁰³ Good attitude
  • ⁰⁴ Successful on previous dispositions, such as previous community sentences or alternatives measures  
  • ⁰⁵ Accepts responsibility for the offence
  • ⁰⁶ First offence
  • ⁰⁷ Has employment
  • ⁰⁸ Has undertaken rehabilitation measures, counseling, etc.
  • ⁰⁹ Has offered to make restitution to victim
  • ¹⁰ Stable family life
  • ¹¹ Has positive recommendation from community, employer, etc.
  • ¹² Other.  Pleasespecify:
    
  • ⁹⁹  Unknown

  11.4 What were the negative attributes in PDR for recommended sentence?  (Check all that apply.)

  • ⁰¹ Shows no remorse
  • ⁰² Shows no victim empathy
  • ⁰³ Unstable home/residential situation
  • ⁰⁴ Alcohol and or drug consumption or problem
  • ⁰⁵ Behaved badly on previous dispositions; did not respect conditions on previous community sentences
  • ⁰⁶ Large number of prior offences
  • ⁰⁷  Seriousness of prior record
  • ⁰⁸ Similarity of prior record to current offences
  • ⁰⁹ Escalation of seriousness of offences
  • ¹⁰ Does not accept responsibility for the offence
  • ¹¹ History of violent behaviour whether or not charged
  • ¹² No stable employment
  • ¹³ No stable residence
  • ¹⁴ Other.  Please specify:
    
  • ⁹⁹  Unknown

  PART 12: Psychological or psychiatric indicators

  12.1 Was any psychological or psychiatric report provided to the court? 

  • ⁰¹Yes, a psychiatric report was provided.
  • ⁰² Yes, a psychological report was provided.
  • ⁰³ Yes, both a psychological and a psychiatric report were provided.
  • ⁹⁹ No psychiatric or psychological report found in the file.

  12.2  Known disorders[23] or disabilities at the time of the instant offence  (Check all that apply.)

  • ⁰¹ No known disorder
  • ⁰² Developmentally delayed/Low level functioning
  • ⁰³ Mental disability
  • ⁰⁴ Conduct disorder
  • ⁰⁵ Attention deficit disorder
  • ⁰⁶ Post-traumatic stress syndrome
  • ⁰⁷ Hyperactive
  • ⁰⁸ Minor depression
  • ⁰⁹ Major depression
  • ¹⁰ Bordeline personality disorder
  • ¹¹ Substance abuse
  • ¹² Pedophilia
  • ¹³ Sexual disorder.  Please describe (e.g. paraphilia[24]):
    
  • ¹⁴Fetal alcohol spectrum disorder FAS/FAE/ARND)
  • ¹⁵Physical disability/physical health problems.  Please describe:
    
  • ¹⁶Other.  Please describe:_
    
  • ⁹⁹Unknown

  12.3 Was there a recommendation for sentence or treatment in the psychological/psychiatric report? (Check all that apply.)

  • ⁰¹ No recommendation discernable
  • ⁰² Recommendation for open custody
  • ⁰³ Recommendation for secure custody
  • ⁰⁴ Recommendation for custody, but unknown if open or secure
  • ⁰⁵ Recommendation for community disposition
  • ⁰⁶ Recommendation for treatment.  PleaseSpecify:
    
  • ⁰⁷ Other.  PleaseSpecify:
    
  • ⁹⁹ Unknown

  12.4 Does the offender show remorse for the offence?  This aspect of remorse has to be clearly mentioned in the report.

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

  12.5  Does the offender accept responsibility for his or her actions?  This aspect of responsibility has to be clearly mentioned in the report.

  • ⁰¹ Yes, the offender accepts responsibility.  Please write if it is full or partial responsibility:
  • ⁰² No, the offender does not accept responsibility.
  • ⁹⁹ Unknown

  12.6  Did the offender apologize to the victim(s)? It has to be clearly mentioned in the report that the offender apologize.

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

  PART 13: IN A CASE OF SEXUAL ASSAULT[25]

  13.1  Was an order authorizing the taking of bodily substances for forensic DNA analysis requested?

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

  13.2  Was a sexual kit administered?

  • ⁰¹ Yes
  • ⁰² No
  • ⁹⁹ Unknown

  13.3  Was the victim under the influence of drugs or/and alcohol when the sexual assault happen?

  • ⁰¹Yes.  Please write what kind of substance:
    
  • ⁰²No
  • ⁹⁹Unknown

  13.4  Where was the victim sexually assaulted? (Check all that apply.)

  • ⁰¹At her/his own home
  •  ⁰²At the offender’s home
  • ⁰³At the offender’ and victim’s home (when living together)
  • ⁰⁴At a party
  • ⁰⁵Inside a public place.  Please describe:
    
  • ⁰⁶Outdoor anywhere in the community.  Please describe:
    
  • ⁷Other. Please describe:
    
  • ⁹⁹Unknown

  13.5  Were there any witnesses?

  • ⁰¹Yes.  How many:  or  at least: persons
  • ⁰²No
  • ⁹⁹Unknown

  13.6  If any witnesses, who were they?  (Checkall that apply.)

  • ⁰¹Offender’s children
  • ⁰²Victim’s children
  • ⁰³Offender and victim’s children
  • ⁰⁴Other children
  • ⁰⁵Offender’s friends
  • ⁰⁶Victim’s friends
  • ⁰⁷Offender’s relatives
  • ⁰⁸Victim’s relatives
  • ⁰⁹Other adults
  • ¹⁰Other. Please describe:
    
  • ⁹⁹Unknown

  13.7  If witnesses, did they try to impede the sexual assault?

  • ⁰¹Yes. Please describe:
    
  • ⁰²No
  • ⁹⁹Unknown

  13.8  If the victim was sexually assaulted by his/her partner or boyfriend/girlfriend, did the victim return to the relationship after the assault?

  • ⁰¹Yes.  Please describe why (from the victim’s point of view):
    
  • ⁰²No
  • ⁰³No.  Victim wanted to return to the relationship, but it did not happen for this particular reason[26]:
  • ⁹⁹Unknown

  13.9  If the victimwas living with the offender, did they continue to cohabite after the sexualassault?

  • ⁰¹Yes
  • ⁰²No
  • ⁰³No.  Victim wanted to cohabite, but the cohabitation did not happen for this particular reason[27]:
  • ⁹⁹Unknown

  PART 14: IN A CASE OF SPOUSAL ASSAULT[28]

  14.1  What was the rationale used by the offender to explain the assault on the victim?

  14.2  Does the offender demonstrate a high tendency towards violence?

  • ⁰¹Yes
  • ⁰²No
  • ⁹⁹Unknown

  14.3  How long is/was the relationship between the offender and the victim when the assault happen?

  • days

  14.4  Does the couple have children?

  • ⁰¹Yes.  Please specify how many children reside with the couple:
    Among them, how many biological[29] children:
    Non-biological children:
    Adopted children:
  • Custom adopted children: Foster children:
  • ⁰²No
  • ⁹⁹Unknown

  14.4 (a)  Was the victim pregnant when the assault happened?

  • ⁰¹Yes
  • ⁰²No
  • ⁹⁹Unknown

  14.4 (b) Did the victim assault the offender first?

  • ⁰¹Yes
  • ⁰²No
  • ⁹⁹Unknown

  14.4 (c) If the victim assaulted the offender first, did the victim use a weapon?

  • ⁰¹Yes. Please write the kind of weapon:
    
  • ⁰²No
  • ⁹⁹Unknown

  14.5  How many times the offender assaulted the victim before the instant offence/s?

  • ⁰¹The offender never assaulted the victim before
  • ⁰²The offender assaulted the victim between one and five times before
  • ⁰³The offender assaulted the victim more than five times before
  • ⁰⁴The offender assaulted the victim before but unknown how many times
  • ⁹⁹Unknown

  14.6  Where was the victim assaulted? (check all that apply.)

  • ⁰¹At her/his own home
  •  ⁰²At the offender’s home
  • ⁰³At the offender’ and victim’s home (when living together)
  • ⁰⁴At a party
  • ⁰⁵Inside a public place.  Please describe:
    
  • ⁰⁶Outdoor in the community. Please describe:
    
  • ⁰⁷Other. Please describe:
    
  • ⁹⁹Unknown

  14.7  Were there any witnesses?

  • ⁰¹Yes.  How many:  or  at least: persons
  • ⁰²Yes, but don’t know how many witnesses.
  • ⁰³No
  • ⁹⁹Unknown

  14.8 If any witnesses, who were they?  (Check all that apply.)

  • ⁰¹Offender’s children
  • ⁰²Victim’s children
  • ⁰³Offender and victim’s biological children
  • ⁰⁴Other children
  • ⁰⁵Offender’s friends
  • ⁰⁶Victim’s friends
  • ⁰⁷Offender’s acquaintances
  • ⁰⁸Victim’s acquaintances
  • ⁰⁹Offender’s relatives
  • ¹⁰Victim’s relatives
  • ¹¹Strangers
  • ¹²Other.  Please describe: 
    
  • ⁹⁹Unknown

  14.9 If witnesses, did they try to impede the assault?

  • ⁰¹Yes. Please describe:
    
  • ⁰²No
  • ⁹⁹Unknown

  14.10  Did the victim return to the relationship with the offender after the assault?

  • ⁰¹Yes
  • ⁰²No
  • ⁰³No. Victim wanted to return to the relationship, but it did not happen for this  particular reason:
  • ⁹⁹Unknown

  14.11 If the victim was living with the offender before the assault, did they continue to cohabite after the assault?

  • ⁰¹Yes
  • ⁰²No
  • ⁰³No.  Victim wanted to cohabite, but the cohabitation did not happen for this particular reason:
  • ⁹⁹Unknown

  PART 15: PRIOR RECORD[30] OF THE ACCUSED AT THE TIME OF THE INSTANT OFFENCE (S)

  15.1  Any prior contact with the justice system? Includes charges laid but not proceeded with, Crown caution, prior findings of not guilty, dismissals, alternative measures as well as convictions.

  • ⁰¹ No
  • ⁰² Yes 
  • ⁹⁹ Unknown

  15.2  Any prior convictions/findings of guilt?

  • ⁰¹ No
  • ⁰² Yes 
  • ⁹⁹ Unknown

  15.3  If yes, what is the total number of prior convictions/findings of guilt (excluding the instant offence/s)?

  • 

  15.4  What was the most serious offence?  Please use codes in Appendix A.

  • 
  • 

  15.5  What is the number of counts for this type of offence?

  • 

  15.6  Date of the most serious offence.  If different dates for the most serious offences, write the most recent

  • Year  Month  Day

  15.7  Any prior convictions for sexual assault ?  Please exclude the instant offence/s

  • ⁰¹ No
  • ⁰² Yes. How many: 
  • ⁹⁹ Unknown

  15.8  Any prior convictions for assault?  Please exclude the instant offence/s

  • ⁰¹ No
  • ⁰² Yes. How many: 
  • ⁹⁹ Unknown

  15.9  Any indicators of previous convictions for family violence

  • ⁰¹ No
  • ⁰² Yes. How many: 
  • ⁹⁹ Unknown

  If any sexual assault or assault, please write the pertinent code for each offence, the date of conviction and the sentence:

  15.10  code#sec1   

  15.11 Year  Month  Day

  15.12  What was the sentence: (Check all that apply.)

  • ⁰¹Absolute discharge
  • ⁰²Conditional discharge and probation.  Please write the number of days of probation:
  • ⁰³Suspended sentence and probation. Please write the number of days of probation:
  • ⁰⁴Conditional sentence.  Please write the number of days:
  • ⁰⁵Fine/Restitution.  Please write the dollar amount of fine/restitution:
  • ⁰⁶Personal services.  Please describe:
    
  • ⁰⁷Compensation order.  Please describe:
    
  • ⁰⁸Community service.  Please write the type of community service:
    
  • ⁰⁹Attend program.  Please write what kind of program:
    
  • ¹⁰Probation.  Please write the number of days of probation:
  • ¹¹Time served.  Please write the number of days in time served prior to sentencing:
  • ¹²Custody.  Please write the number of days of custody:
  • ¹³Intermittent custody.  Please write the number of days in intermittent custody:
  • ¹⁴Other.  Please specify:
    
  • ⁹⁹Unknown

  15.13  code#2  

  15.14 Year  Month  Day

  15.15   What was the sentence: (Check all that apply.)

  • ⁰¹Absolute discharge
  • ⁰²Conditional discharge and probation.  Please write the number of days of probation:
  • ⁰³Suspended sentence and probation. Please write the number of days of probation:
  • ⁰⁴Conditional sentence.  Please write the number of days:
  • ⁰⁵Fine/Restitution.  Please write the dollar amount of fine/restitution:
  • ⁰⁶Personal services.  Please describe:
    
  • ⁰⁷Compensation order.  Please describe:
    
  • ⁰⁸Community service.  Please write the type of community service:
    
  • ⁰⁹Attend program.  Please write what kind of program:
    
  • ¹⁰Probation.  Please write the number of days of probation:
  • ¹¹Time served.  Please write the number of days in time served prior to sentencing:
  • ¹²Custody.  Please write the number of days of custody:
  • ¹³Intermittent custody.  Please write the number of days in intermittent custody:
  • ¹⁴Other.  Please specify:
    
  • ⁹⁹Unknown

  15.16  code#3 15.17  Year  Month  Day

  15.18  What was the sentence: (Check all that apply.)

  • ⁰¹Absolute discharge
  • ⁰²Conditional discharge and probation.  Please write the number of days of probation:
  • ⁰³Suspended sentence and probation. Please write the number of days of probation:
  • ⁰⁴Conditional sentence.  Please write the number of days:
  • ⁰⁵Fine/Restitution.  Please write the dollar amount of fine/restitution:
  • ⁰⁶Personal services.  Please describe:
    
  • ⁰⁷Compensation order.  Please describe:
    
  • ⁰⁸Community service.  Please write the type of community service:
    
  • ⁰⁹Attend program.  Please write what kind of program:
    
  • ¹⁰Probation.  Please write the number of days of probation:
  • ¹¹Time served.  Please write the number of days in time served prior to sentencing:
  • ¹²Custody.  Please write the number of days of custody:
  • ¹³Intermittent custody.  Please write the number of days in intermittent custody:
  • ¹⁴Other.  Please specify:
    
  • ⁹⁹Unknown

  15.19  code#sec4 15.20 Year  Month  Day

  15.21  What was the sentence: (Check all that apply.)

  • ⁰¹Absolute discharge
  • ⁰²Conditional discharge and probation.  Please write the number of days of probation:
  • ⁰³Suspended sentence and probation. Please write the number of days of probation:
  • ⁰⁴Conditional sentence.  Please write the number of days:
  • ⁰⁵Fine/Restitution.  Please write the dollar amount of fine/restitution:
  • ⁰⁶Personal services.  Please describe:
    
  • ⁰⁷Compensation order.  Please describe:
    
  • ⁰⁸Community service.  Please write the type of community service:
    
  • ⁰⁹Attend program.  Please write what kind of program:
    
  • ¹⁰Probation.  Please write the number of days of probation:
  • ¹¹Time served.  Please write the number of days in time served prior to sentencing:
  • ¹²Custody.  Please write the number of days of custody:
  • ¹³Intermittent custody.  Please write the number of days in intermittent custody:
  • ¹⁴Other. Please specify:
    
  • ⁹⁹Unknown

  15.22  code#sec5

  15.23  Year  Month  Day

  15.24   What was the sentence: (Check all that apply.)

  • ⁰¹Absolute discharge
  • ⁰²Conditional discharge and probation.  Please write the number of days of probation:
  • ⁰³Suspended sentence and probation. Please write the number of days of probation:
  • ⁰⁴Conditional sentence.  Please write the number of days:
  • ⁰⁵Fine/Restitution.  Please write the dollar amount of fine/restitution:
  • ⁰⁶Personal services.  Please describe:
    
  • ⁰⁷Compensation order.  Please describe:
    
  • ⁰⁸Community service.  Please write the type of community service:
    
  • ⁰⁹Attend program.  Please write what kind of program:
    
  • ¹⁰Probation.  Please write the number of days of probation:
  • ¹¹Time served.  Please write the number of days in time served prior to sentencing:
  • ¹²Custody.  Please write the number of days of custody:
  • ¹³Intermittent custody.  Please write the number of days in intermittent custody:
  • ¹⁴Other.  Please specify :
    
  • ⁹⁹Unknown

  End of the coding sheet

  ---

  • [12] “Instant” refers to the charges that brought the accused into the sample. 
  • [13] Common-law is here understood as living together.
  • [14] Means no stable home, on the run, living on the street, no fixed address, etc.
  • [15] Katlo Deedhe First Nation
  • [16] Katlo Deedhe First Nation
  • [17] The following  variables (question 4.1) are about history of abuse of the accused and not as the abuser.
  • [18] Use codes in Appendix A
  • [19] Youth Criminal Justice Act
  • [20] These data refer to the instant charge/s–that is, the charges that brought the accused into the sample.  If multiple incidents involved in this set of charges, code incident details of the most serious current charge.  To determine most serious offence use “Seriousness Index”(B)
  • [21] Working under the assumption that the name of any co-accused is always listed alongside that of the accused on the same information, this variable should always be known. 
  • [22] Refers to the physical injury that accompanied the sexual offence or the severity of the spousal assault.
  • [23] The disorder has to be diagnosed by a psychologist or a psychiatrist.  Please see the psychologist or psychiatrist report to answer this question.
  • [24] Paraphilia is defined as core sexual deviance.
  • [25] If many incidents of sexual assault led to charges, please answer the following questions for the most serious incident.
  • [26] For instance, the offender was incarcerated.
  • [27] For instance, the offender was incarcerated.
  • [28] If many incidents of spousal assault led to charges, please answer the questions for the most serious incident.
  • [29] Biological refers to the children that the couple had together.
  • [30] Part 15 excludes the instant offence/s.  Please use CPIC to answer this part.

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