Multi-Site Survey of Victims of Crime and Criminal Justice Professionals across Canada : Summary of Victim Services Providers and Victim Advocacy Group Respondents
Appendix A: Interview Guide and Self-Administered Questionnaire for Survey of the Judiciary
KEY INFORMANT INTERVIEW GUIDE JUDICIARY
The Department of Justice Canada has recently launched a multi-site study of victims of crime and criminal justice professionals. The main objectives of this study are:
- To provide information on the use and awareness of recent reforms with respect to victims of crime in the criminal justice system
- To identify any impediments to the implementation of recent reforms by criminal justice professionals
- To learn what information is provided to victims throughout the criminal justice process
- To gain a better understanding of the experiences of victims of crime in the criminal justice system and with various victim services.
The following questions address issues relating to the roles of the judiciary and the victim in the criminal justice system, and the implementation of recent reforms to assist victims of crime through the criminal justice process.
The role of the judiciary
- 1. In your opinion, what is the judiciary's responsibility to victims?
The role of the victim
- 2. In your opinion, what role should the victim have in the criminal justice system? In particular, please consider bail decisions, plea negotiations, and sentencing.
Recent reforms relating to victims of crime
As you may know, a number of legislative changes at the federal level have been made relating to victims of crime and their participation in the criminal justice system (victim surcharge, victim impact statements, consideration of victim safety in bail decisions, assistance to victims testifying at trial, publication bans, etc.). The following questions address issues relating to the implementation of these provisions.
- 3. In bail or conditional release decisions, do you generally place conditions on the accused for the safety of the victim? Do you generally ask about safety issues if the Crown prosecutor does not mention them?
- 4. Do you think that you are adequately informed of safety issues in most bail hearings? If not, what changes would ensure that you are better informed of safety issues?
- 5. Have you granted an application to exclude the public from a trial? In what circumstances would you grant a request to exclude the public from a trial?
- 6. Do you generally grant applications for publication bans in sexual assault cases?
- 7. Have you granted an application for a publication ban in cases other than sexual offences? If yes, in what types of offences?
- 8. Do you generally place limitations or conditions on publication bans? If yes, what kinds of conditions do you generally order?
- 9. Do you generally grant requests for the use of a screen, videotape, or closed circuit television for testimony of a young witness or a witness with a mental or physical disability? If no, why not? Do you think that these aids are sufficiently available to meet current needs? Do you think that these aids should be available for other types of witnesses?
- 10. Do you generally grant requests for a support person to accompany a young witness or a witness with a mental or physical disability? When would it not be appropriate to allow a support person?
Section 486 (2.3) of the Criminal Code states that unless required by "the proper administration of justice," a self-represented accused cannot cross-examine a child witness (under 18 years of age). This section is applicable to proceedings where an accused is charged with a sexual offence, a sexual assault under sections 271, 272 and 273, or where violence against the victim is "alleged to have been used, threatened or attempted."
- 11. Have you ever had a case where section 486 (2.3) applied? If yes, in those cases, did you appoint counsel to conduct the cross-examination of the victim/witness? Have you presided over any cases where you allowed the accused to cross-examine a victim/witness? Why did you decide to allow the accused to cross-examine the victim/witness?
- 12. Based on your experience, do victims usually submit victim impact statements? What about in serious cases?
- 13. In cases where no victim impact statement was submitted, do you always inquire whether the victim was advised of the opportunity to prepare a victim impact statement? Have you had to adjourn a sentencing hearing to permit the victim to be informed?
- 14. What are the most common methods for submitting a victim impact statement (e.g., written only, victim reads, Crown reads, other)?
- 15. Do you use victim impact statements in determining the sentence? Why or why not?
- 16. Have you had to disallow parts of victim impact statements? If yes, why?
- 17. Have you heard cases where the defence counsel or the accused wanted to cross-examine the victim on his or her statement either during trial or during sentencing? If yes, did you allow it?
- 18. Do you generally apply the victim surcharge? Why or why not? Do you ever vary from the usual surcharge? If yes, please explain.
- 19. Do Crown usually request restitution as part of the sentence where appropriate? In your view, when is restitution appropriate?
- 20. In conditional sentences, do you generally impose conditions to protect a victim's safety?
Restorative justice
Restorative justice considers the wrong done to a person as well as the wrong done to the community. Restorative justice programs involve the victim(s) or a representative, the offender(s), and community representatives. The offender is required to accept responsibility for the crime and take steps to repair the harm he or she has caused.
- 21. Have you been involved in any restorative justice processes such as healing circles, etc? If yes, please explain. Have you received recommendations on sentencing from a restorative justice process? If you have not been involved in a restorative justice approach, why not?
- 22. In what kinds of cases do you think that the restorative approach would be most effective? Do you consider it important to consult the victim in the use of a restorative approach?
Conclusion
- 23. In your opinion, what has been accomplished by the Criminal Code provisions intended to benefit victims? Have there been any unintended consequences to these provisions? Please explain.
- 24. Do you have any other comments?
Thank you for your participation
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