Alternate Title
Perceptions and experiences of crown prosecutors and victim services providers in the use of testimonial support provisions
Témoins adultes vulnérables : les perceptions et le vécu des représentants du ministère public et des fournisseurs de services aux victimes à l'égard des dispositions relatives aux mesures de soutien au témoignage.
Summary
"This is an exploratory study examining the perceptions and experiences of Crown prosecutors and victim services providers of the testimonial support provisions for vulnerable adult witnesses found in s.486 of the Criminal Code. The purpose of the research is to gain a clearer understanding of how the provisions on testimonial accommodations are being used in Canada to assist vulnerable adult witnesses in providing their testimony. These provisions were expanded and clarified in January 2006 with Bill C-2, which also included a five year parliamentary review. Little is known about how testimonial aids are being used to assist vulnerable adult witnesses in providing their testimony. This research is intended to address this gap.
The study consisted of a series of semi-structured interviews with crown prosecutors and victim services providers from jurisdictions across Canada. Eighteen Crowns were interviewed from eight different jurisdictions, and eleven victim services providers were interviewed from five different jurisdictions. Their locations included large and mid-sized urban centres and small communities in rural and remote areas."--Page 3.
Contents
1. Background -- 1.1. A brief background of testimonial aids -- 1.2. Current literature -- 2. Methodology -- 2.1. Participant recruitment -- 2.2. The participants -- 2.3. Limitations of the study -- 3. Interviews and findings -- 3.1. Frequency of applications -- 3.2. How and when is the need for a testimonial aid identified for a vulnerable witness? -- 3.3. Materials used to support the application -- 3.4. Examples of evidence used to support "presumptive" applications -- 3.5. Examples of evidence used to support "discretionary" applications -- 3.6. When applications are made -- 3.7. Preparation time involved in making an application -- 3.8. Factors that may influence whether applications are made for testimonial aids for vulnerable adults -- 3.9. Victim services providers: working with vulnerable adult witnesses -- 3.10. Positions of defense counsel -- 3.11. Delays and adjournments that may be caused by applications -- 3.12. Application outcomes -- 3.13. Attitudes, opinions, thoughts and experiences on screens and CCTV/video-conferencing -- 3.14. Some perspectives and experiences of prosecutors in communities with circuit courts -- 3.15. Video-Recorded Evidence - s.715.2 -- 3.16. Exclusion of the Public - s.486(1) -- 3.17. Appointment of Counsel for Cross-Examination by Self Represented Accused - s.486.3(2) -- 4. Conclusions -- 4.1. Final thoughts from those interviewed -- 4.2. In sum -- References --
Appendix A. Canadian literature reviewed --
Appendix B. Consent to participate --
Appendix C. Survey.