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Witness
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 Your role in the Youth Court
As a witness, you play an essential role in the administration of justice. The Statement of Principle regarding Witnesses signed by the Ministère de la Justice, the judiciary and the Barreau du Québec in June 1998 affirms the importance of witnesses in the judicial process and contains formal commitments by the signatories to simplify the process for witnesses.
If you have witnessed a crime or been the victim of a crime committed by an individual under the age of 18 and, after reviewing the case, the criminal and penal prosecuting attorney decides to charge the young person, the proceedings will take place before a judge in the Youth Division of the Court of Québec. The following will help clarify your role and responsibilities as a witness in that Court.
• Subpœna
• Are you obliged to testify?
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How can you prepare to testify?
• What should you do when you arrive at court?
• What should you expect once inside the courtroom?
• Prohibition against publishing the names of the victim or witnesses
• Can you refuse to testify or to answer questions?
• What should you do if someone tries to intimidate or influence you?
• On the witness stand
• How much time will you have to spend in court?
• Witness compensation
• Statement of Principle regarding Witnesses
• For more information
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Subpœna
A subpœna is a court order for a witness to appear and testify on the date and at the time and place specified in the subpœna. This document will explain the role of witnesses and the process of testifying, and hopefully ease the stress that may be experienced by a person called to testify.
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Are you obliged to testify?
You must comply with a subpœna. If you refuse to appear in court, a warrant may be issued for your arrest and you may be brought before a judge. Your employer must allow you to take time off from work to fulfil your duty. It is against the law for an employer to penalize an employee for attending court when subpœnaed as a witness.
If, for a serious reason, you cannot appear in court at the appointed time, you must immediately contact the court service indicated on the back of the subpœna, the criminal and penal prosecuting attorney, or the police investigator in charge of the case.
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How can you prepare to testify?
When preparing to testify, try to remember details about the incident you witnessed: conversations, persons present, times, distances and other relevant information. If you will be testifying about the content of documents, make sure you are familiar with them.
If you took notes at the time of the incident, make sure the police investigators have been made aware of them so that they are included in your statement.
If you signed a statement during the course of the police investigation, you can ask the police investigator to let you review it before you testify. If you feel the need to do so, ask someone close to you to accompany you to court or you may request assistance from the CAVAC (crime victims assistance centre) for your area.
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What should you do when you arrive at court?
On the day you are to testify, arrive at court early and bring your subpœna. On arrival, ask the reception desk or the court clerk where the hearing is to be held, since cases occasionally are re-assigned to a different courtroom.
At the same time, inquire about the procedure for receiving the allowances to which you are entitled for appearing as a witness before you leave the court.
Next, find out where you can meet the police investigator so that you can let the investigator know you have arrived. The investigator will answer any questions you may have. If you have been called to testify by the defence, see the defence counsel. In any event, make sure you are in the courtroom at the scheduled time.
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What should you expect once inside the courtroom?
Generally, several cases are scheduled in the same courtroom on a given day, and all the witnesses in those cases are subpœnaed for the same time. It is practically impossible to draw up a precise schedule for the day. Therefore, be prepared to wait before you are called to give evidence.
At the start of the proceeding in which you are to testify, you will probably be asked to leave the courtroom and wait outside to be called; this is to prevent you from being influenced by the testimony of the witnesses who will testify before you. After giving testimony, you may remain in the courtroom, unless the judge orders otherwise.
Proceedings in youth court are usually open to the public. However, in the interest of the proper administration of justice or to maintain order, the judge may, on his or her own initiative or at the request of one of the lawyers, order that the proceeding be conducted in private. In proceedings conducted in private, the public is excluded from the courtroom and no one is allowed to publish information about what occurs or is said in the courtroom.
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Prohibition against publishing the names of the victim or witnesses
If the victim or a witness is under 18 years of age, the judge is required, when requested, to prohibit the media from disclosing his or her name or any other information that could serve to identify them. The judge decides, on a case-by-case basis, if there are grounds for prohibiting the publication of the names of other witnesses.
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Can you refuse to testify or to answer questions?
You cannot refuse to testify or answer questions. If you do refuse, you may be held in contempt of court and fined, sentenced to prison, or both.
It's important to remember that your testimony cannot be used to incriminate you in other proceedings, unless you commit perjury or give contradictory testimony.
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What should you do if someone tries to intimidate or influence you?
If someone tries to intimidate you or influence your testimony, report it to the police or the criminal and penal prosecuting attorney immediately. Charges can be laid against anyone who attempts, by threat or otherwise, to influence a witness or dissuade a witness from testifying.
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On the witness stand
If you do not understand or speak the language of the proceedings, or if you have a hearing impairment, you are entitled to the assistance of an interpreter.
On the witness stand, you must promise to tell the truth, either by swearing on the Bible or by making a solemn affirmation. The court clerk will then ask you to state your name and address. If you fear reprisals or threats, you can, with the judge’s permission, give your address in writing and it will be kept confidential.
After you have been sworn in, the criminal and penal prosecuting attorney and the defence counsel will then question you. Don’t worry if you feel nervous; this is very common and quite normal. Take your time, listen to the questions carefully, and make sure you understand them before answering. When in doubt, ask to have the question repeated or rephrased.
Give simple answers to the questions, without adding unnecessary details. Always address your answers to the judge. Speak clearly and audibly so that your testimony can be recorded accurately. Be affirmative. If you don’t know the answer, say so. The court is interested only in the facts; do not give opinions or interpretations unless you are asked to do so.
If a lawyer objects to a question that has been asked, don’t start to answer unless the judge has authorized you to answer. If you realize that you have given an incorrect answer, tell the judge immediately so that you can correct your error.
Do not discuss your testimony with the other witnesses unless the judge has authorized you to do so.
The lawyer for the party for whom you have been called to testify will question you first. The lawyer for the opposing party may then ask you questions in order to clarify your testimony or check its accuracy; this is called cross-examination. Cross-examination is a way of ensuring that everything has been said and that the truth has been determined.
Be courteous at all times. Remember that the judge is there to make sure that you are treated with respect.
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How much time will you have to spend in court?
As mentioned earlier, it is practically impossible to predict how long proceedings will take. You must remain at court until you have testified or until the judge authorizes you to leave, which will generally be after you have testified.
You may be authorized to leave without testifying. This may happen if the accused pleads guilty, or if the facts to which you would testify are not contested. The case may also be postponed; the judge will tell you when you must return to court or if you will receive a new subpœna.
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Witness compensation
Whether you testify or not, before leaving court you must go to the cash counter (caisse) or the witness compensation service to have the amount of the allowances to which you are entitled calculated.
Present your subpœna and vouchers for expenses such as hotel and public transportation receipts or the vehicle registration if you used your car.
The allowances prescribed by regulation cover expenses relating to the time spent at court, transportation, meals and accommodation.
If you were called as a witness by the prosecution, your expenses will be reimbursed by the compensation service at the courthouse. If you were called by the defence, you should submit your request for payment to the defence lawyer.
Details of the allowances payable to witnesses are provided below.
Time loss
Time loss compensation for an ordinary witness is $90 per day or $45 per half-day absence from home. The compensation for an expert witness is $180 per day or $90 per half-day.
Transportation
Transportation allowances are the same as those granted to government employees. Witnesses are entitled to be reimbursed for the cost of public transportation, or $0.43 per kilometre and parking fees if the witness uses a car.
Meals
Witnesses are reimbursed for meals up to the following amounts, including taxes and tips:
- breakfast: $10.40
- lunch: $14.30
- dinner: $21.55
Accommodation
An allowance ranging from $83 to $138 per night including applicable taxes, depending on the location of the hotel facility and the time of year, may be paid to a witness who provides a hotel receipt. If the accommodation provided is not in a hotel, the allowance is $79 per night.
If a witness who is required to attend court for more than one day lives at a distance from the place where the case is heard, the witness has the choice of travelling or staying overnight. The allowances paid, however, will always be calculated on the basis of the less expensive option.
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Statement of Principle regarding Witnesses
In 1998, the Ministère de la Justice, the judiciary and the Barreau du Québec adopted the Statement of Principle regarding Witnesses, which contains measures to make the process of testifying easier for witnesses.
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Preparing to testify in Criminal Court:
• Witnesses: Your role in Criminal Court
Criminal justice for young persons:
• Youth Criminal Justice Act 
• Youth Criminal Justice Act: The Legal Procedure
Crime victims assistance centres (CAVACs):
• CAVAC website
Key information on the street gang problem
• Website Choisis ton gang
The statement of principle regarding witnesses:
• Statement of principle
The addresses and telephone numbers of Québec courthouses:
• Courthouses
Which judicial district a municipality is located in:
• Search for a judicial district
The content of this document is strictly informative and has no legal value.
If you find some of the information difficult to understand, do not hesitate to contact us. Please note, however, that we cannot interpret the information to apply it to a specific situation.
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Latest update: December 9, 2009
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