What happens between the time charges are laid and the trial? Once charges are laid, the accused must attend court for several “set date” appearances. During this time, the accused will receive disclosure of the contents of the police investigation, they may obtain a lawyer or the assistance of legal aid duty counsel, and they will usually decide whether to plead guilty or set a date for trial, or preliminary hearing and trial. It may take several court appearances for the accused to complete these steps. The only time that a victim/survivor needs to attend these court appearances is if they receive a subpoena. The Crown Attorney’s Office A Crown Attorney will be assigned to review the police investigation. Once a preliminary hearing or trial date is set, it is their responsibility to meet with you and prepare you for the process. The preparation is usually done with the investigating police officer and V/WAP representatives. If there is a finding of guilt or a firm indication of a guilty plea prior to sentencing, the Crown Attorney, V/WAP or the investigating officer will advise you that a Victim Impact Statement may be prepared for consideration at the time of sentencing. If the accused chooses to plead not guilty, you will most likely be required to testify at the preliminary hearing (if there is one) and at the trial. V/WAP will be available to provide you with assistance as well as referrals to community services. The assigned Crown Attorney is responsible for the case and will make many of the decisions about how the trial will proceed. Your input is valuable to the assigned Crown. The Crown Attorney is employed by the government and, unlike the accused who may have hired their own lawyer, is not your personal lawyer. As a result, what you say to the Crown is not privileged or confidential and is disclosable to the defence. There is no cost for the services provided by the Crown or V/WAP.
What is a publication ban? At the first court appearance, the Crown, in most cases, will often apply for an order banning the publication of any evidence that may identify the victim/survivor, which includes not publishing your name. Under section 486 of the Criminal Code of Canada (CCC), a judge may prohibit the publication of identifying information about a complainant or witnesses in certain proceedings related to sexual offences (among other things). If you do not want a publication ban, please advise the police and V/WAP as soon as possible who will communicate your wishes to the Crown.
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