Multi-Site Survey of Victims of Crime and Criminal Justice Professionals across Canada: Summary of Defence Counsel Respondents

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Interview Guide and Self-Administered Questionnaire for Survey of Defence Counsel (continued)

Self-Administered Survey for Defence Counsel

• 1. What role do you believe complainants should have in the following stages of the criminal justice process?

  	Complainants should be informed consulted	Other (specify)	Complainants should not have any role
  Bail decisions	2		00
  Plea negotiations	1  2		00
  Sentencing decisions	1   2		00

  
  
  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.

• 2. Do you generally agree to the following:(Check "Yes" or "No" for each of the following.)

  	Yes	No
  Requests for conditions that address a complainant's safety made in bail determinations	1	2
  Requests for publication bans in non-sexual offence cases	1	2
  Requests to exclude the public from a trial	1	2
  Requests for the use of a screen for the testimony of a young complainant/witness or a complainant/witness with a mental or physical disability	1	2
  Requests for the use of closed-circuit television for the testimony of a young complainant/witness or a complainant/witness with a mental or physical disability	1	2
  Requests for the use of video-tape testimony of a young complainant/witness or a complainant/witness with a mental or physical disability	1	2
  Requests for the use of a support person to accompany a young complainant/witness or a complainant/witness with a mental or physical disability	1	2
  Requests for restitution	1	2

• 2 a. If you answered no to any part of question 2 above, please explain the reasons why you object.

  • Requests for specific conditions that address a complainant's safety in bail determinations
    
  • Requests for publication bans in non-sexual offence cases
    
  • Requets to exclude the public from a trial
    
  • Requests for the use of a screen for the testimony of a young complainant/witness or a complainant/witness with a mental or physical disability
    
  • Requests for the use of closed-circuit television for the testimony of a young complainant/witness or a complainant/witness with a mental or physical disability
    
  • Requests for the use of video-tape testimony of a young complainant/witness or a complainant/witness with a mental or physical disability
    
  • Requests for the use of a support person to accompany a young complainant/witness or a complainant/witness with a mental or physical disability
    
  • Request for restitution
    

• 3. In general, do judges usually grant the following requests?

  	Yes	No	Don't know
  Request for specific conditions to address the complainant's safety in bail determinations	1	2	8
  Request for a publication ban in cases other than sexual offences	1	2	8
  Request to exclude the public from a trial	1	2	8
  Request the use of a screen for young witnesses or witnesses with a mental or physical disability	1	2	8
  Request the use of closed-circuit television for young witnesses or witnesses with a mental or physical disability	1	2	8
  Request the use of pre-trial videotaped testimony for young witnesses or witnesses with a mental or physical disability	1	2	8
  Request that a support person accompany a young witness under the age of 14 or witnesses with a mental or physical disability	1	2	8
  Request for restitution	1	2	8

   
  
  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."

• 4. Have you ever been appointed to act for the accused pursuant to Section 486 (2.3)?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 5. Should Section 486 (2.3) be expanded to other complainant/witnesses or offences?

  • ₁ Yes
  • ₂ No

• 5 a. If yes, please describe how the provision should be expanded.
  
  

• 5 b. If no, please explain.
  
  

• 6. Based on your experience, do complainants usually submit victim impact statements?(Check one only)

  • ₁  Yes
  • ₂  Yes, in serious cases
  • ₃  No
  • ₈  Don't know

• 7. What are the most common methods for submitting a victim impact statement?(Check all that apply)

  • ₁  Written statement only
  • ₂  Victim reads statement
  • ₃  Crown reads statement
  • Other (Specify)
    

• 8. Have you ever had a case where you cross-examined the complainant on their victim impact statement?

  	Yes	No	Don't know/ recall
  During trial	1	2	8
  During sentencing	1	2	8
  Other (Specify)	1	2	8

• 8 a. If you answered yes to any part of question 8, why did you cross-examine the complainant?
  
  

• 9. Are there any problems with the use of the victim impact statement?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 9 a. Please explain.
  
  

• 10. Do you generally offer restitution to mitigate the sentence?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 11. Is restitution enforcement a concern or problem?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 11 a. Please explain.
  
  

• 12. In what types of cases do you think a conditional sentence is appropriate?(Check all that apply)

  • ₁  All offences
  • ₂  Non-violent offences
  • ₃  Offences against the person
  • ₄  Family violence offences
  • ₅  Murder
  • ₆₆  Other (Specify)

• 13. In conditional sentences, do you usually agree to conditions in the sentence for the victim's safety?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 13 a. Please explain.
  
  

• 14. Have you used a restorative justice approach?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 14 a. If yes to question 14, at what stage in the process have you used restorative justice?(Check all that apply)

  • ₁ Pre-charge
  • ₂ Sentencing
  • ₆₆ Other (Specify)
    

• 14 b. If yes to question 14, in your experience, which statement best describes the complainant's involvement in the decision to use restorative justice?

  • ₁  The complainant is always involved
  • ₂  The complainant is sometimes involved
  • ₃  The complainant is seldom involved

• 14 c. If no to question 14, why have you not used a restorative justice approach?(Check all that apply)

  • ₁  Restorative justice approaches are not available
  • ₂  Restorative justice approaches do not protect the defendant adequately
  • ₃  Other (Specify)
    

• 15. Based on your experience, is the victim surcharge waived more often than it should be?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 16. Do you generally request a waiver of a victim surcharge?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 17. Are defence requests to waive the surcharge usually granted?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 18. Do judges generally waive the surcharge without a defence request to do so?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 19. Do you believe that information on these changes to the Criminal Code is adequately communicated to defence counsel?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 19 a. If not, what could be done to address this lack of information?
  
  

• 20. In your opinion, what has been accomplished by the Criminal Code provisions intended to benefit victims?
  
  

• 21. Have there been any unintended or unexpected consequences to these provisions?

  • ₁ Yes
  • ₂ No
  • ₈ Don't know

• 21 a. What are they?
  
  

• 22. Do you have any other comments?
  
  
  
  

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