Vulnerable Adult Witnesses: The perceptions and experiences of Crown Prosecutors and Victim Services Providers in the use of testimonial support provisions

Appendix A: Canadian Literature Reviewed

Author Date Title Publisher Location Theme
Bala, N., Paetsch, J. J., Bertrand, L. D., & Thomas, M. 2011 Testimonial Support Provisions for Children and Vulnerable Adults (Bill C-2): Case Law Review and Perceptions of the Judiciary. Canadian Research Institute for Law and the Family. Canada This research project explores judicial experiences with and opinions about the amendments to the Criminal Code and Canada Evidence Act introduced by Bill C-2 for children and vulnerable adult witnesses.
Belak, B. 2012 Policies and Practices in the Treatment of Vulnerable and Intimidated Witnesses. Missing Women Commission of Inquiry. Canada This paper defines and distinguishes vulnerable and intimidated witnesses and offers recommendations for assisting these individuals.
Benedet, J., and Grant, I. 2012 Taking the Stand: Access to Justice for Witnesses with Mental Disabilities in Sexual Assault Cases Osgoode Hall Law Journal Canada The article examines the challenges posed by cross examination for witnesses with cognitive, developmental, or intellectual disabilities, suggesting that existing Criminal Code accommodations are inadequate to addressing these concerns.
Endicott, O., Crawford, C., McCallum, D., & Bach, M. 1992 The Impact of Bill C-15 on Persons with Communication Disabilities Roeher Institute and Department of Justice, Canada Canada This study addresses the amendments enacted in January, 1988 by Bill C-15 to the Criminal Code of Canada and the Canada Evidence Act that either directly or indirectly, and both actually and potentially affect complainants/witnesses who have communication disabilities in criminal proceedings.
Fraser, C. & McDonald, S. 2009 Identifying the Issues: Victim Services” Experiences Working with Victims with Fetal Alcohol Spectrum Disorder Department of Justice, Government of Canada Canada This research paper gains insight from Victim Services workers” experiences working
  • with victims with FASD (both with and without a formal diagnosis). Anecdotal information suggests
  • that individuals with FASD are at risk of becoming victims of crime. The authors sought to learn from
  • those who work with victims and witnesses of crime who have FASD to gain further understanding of how this disability impacts the full participation of victims and witnesses in the criminal justice system.
Ross, R. 2009

Heart Song

Exploring Emotional Suppression and Disconnection in Aboriginal Canada

 Canada This article seeks to answer the following questions: how much of violence flows from emotional suppression? How much does that kind of violence contribute to emotional suppression? And what was the role of residential schools in all of this?
Stienstra, D. 2012 Disability Rights Fernwood Publishing Canada This book explores the landscape of disability rights in Canada and finds that, while important advances have been made, Canadians with disabilities still experience significant barriers in obtaining their human rights.
International Resources for Further Reading
Author Date Title Publisher Location Theme
Edwards, C., Harold, G., & Kilcommins, S. 2012 Access to Justice for People with Disabilities as Victims of Crime in Ireland School of Applied Social Studies and Centre for Criminal Justice and Human Rights, Faculty of Law University College Cork Ireland This study explores the barriers that people with disabilities face in accessing the criminal justice system in Ireland and internationally, compares jurisdictions which seek to protect the rights of people with disabilities, analyse how agencies of the criminal justice system facilitate people with disabilities’ access to justice, and explore national and international innovations to strengthen the Irish criminal justice system’s response to the needs of people with disabilities.
Bowden, K., Douds, F., and Simpson, Y. 2011 People with Learning Disabilities and the Criminal Justice System The Scottish Government, Edinburgh Scotland This document is a practical guide to improving the response of the criminal justice system to people with learning disabilities. It is written for a wide range of justice professionals, with a focus of understanding the needs and rights of people with disabilities.
Criminal Prosecution Service (CPS) 2009 Supporting Victims and Witnesses with a Learning Disability Criminal Prosecution Service United Kingdom This document is a ‘public policy statement’. It explains how the Crown Prosecution Service (CPS) will deal with cases which involve
victims and witnesses who have a learning disability.

Appendix B: Consent to Participate

Department of Justice Canada Research on Testimonial Supports for Vulnerable Adult Victims/Witnesses

You are asked to participate in a research study on the experiences and perceptions of Crown prosecutors of the testimonial support provisions for vulnerable adult victims/witnesses found in s.486 of the Criminal Code.   Pamela Hurley, on behalf of the Department of Justice Canada, is undertaking research.

Purpose of the Study

The purpose of this research is to better understand how the provisions on testimonial supports are working in cases of vulnerable adults. These provisions were expanded and clarified in January 2006.  The Department of Justice will use the results of this study to inform criminal law policy and criminal law reform.  While there has been empirical research in this area with respect to child victims/witness, there is very little research with respect to vulnerable adults. A draft report will be shared with participants to ensure accuracy in terms of content as well as the final report. All jurisdictions will learn from the results.

Procedure

You would participate in semi-structured telephone interview that will last approximately 30 minutes. Questions will be asked about your experiences applying for and prosecuting cases with the different testimonial supports (e.g. support person, screen, closed circuit television/video-conferencing), including challenges and positive outcomes.  You will receive a set of questions in advance of the interview.

Confidentiality

The research will be conducted in accordance with the Tri-Council Policy Statement on ethics and research involving humans and interested.  No individual nor specific jurisdiction will be identified by name in the resulting report.

If you have any questions or concerns about the research, please feel free to contact:

Ms Pamela Hurley at 519-433-1024 (pamhurley3@rogers.com) or Dr. Susan McDonald at the Department of Justice Canada, at 613-957-9315 (smcdonal@justice.gc.ca).         

I have read the letter of information.

I agree to be involved in the research.  I understand that I can withdraw my consent at any time.

Signature

Appendix C: Survey

Survey on Testimonial Aids for Vulnerable Adults

(30 minutes)
(NOTE: No individual or specific jurisdiction will be identified by name in the resulting report.)

Location, other background/context

Applications for Testimonial Aids (since 2006)

1. Since 2006, have you made application(s) for testimonial accommodations under  s.486.2 (1) [presumptive]  for an ADULT witness who has either a physical or mental disability?

 If you  have applied under section s.486.2(1) [presumptive] for an ADULT witness who has either a physical or mental disability, approximately how many times have you applied, since 2006?

Since 2006, have you made application(s) for testimonial accommodations under  s.486.2 (2) [discretionary] for an ADULT witness who has either a physical or mental disability?

If you have applied under section s.486.2(2) [discretionary for an ADULT witness who has either a physical or mental disability, approximately how many times have you applied, since 2006?

Which testimonial aids

2. If you have applied under s.486.2 (1)  [presumptive]for adults with physical or mental disability,  which of the following testimonial aids have you applied for?

If you have applied under s.486.2 (2) [discretionary] for adults with physical or mental disability, which of the following testimonial aids have you applied for?

3.How/when do you identify the need for a testimonial aid for a vulnerable ADULT witness? Check all that apply

4. If you made an application under s 486.2 (1) [presumptive], what material(s), if any, have you used to support the application?

If you made an application under s 486.2 (2) [discretionary], what material(s) , if any,  have you used to support the application?

5. In your experience, how often is an application under  s.486.2 (1) [presumptive] granted ? In your experience, how often is an application under  s.486.2 (2)  [discretionary] granted ?

6. Are these applications usually opposed, or does defense counsel consent ? Can you recall reasons given for any denied applications ?

7. Do you notify or consult with the victim or witness, and advise them of the availability of accommodations?

8. For a preliminary hearing, WHEN do you make application for a testimonial aid for a vulnerable adult witness

For the actual trial, WHEN do you make application for a testimonial aid for a vulnerable adult witness

9.  In your experience, have any applications for testimonial aids for adults resulted in adjournment(s)?

10.  Do you know of others in your office who have made applications under section 486 for vulnerable adults?

11.  Have you encountered any barriers in applying for testimonial aids for vulnerable adults?

12.  In the cases where you have made these applications,  can you recall what types of disabilities  were pertinent to   witnesses, for whom you made application  under s 486.2 (1) [presumptive]

In the cases where you have made these applications,  can you recall what types of vulnerabilities were pertinent to   witnesses, for whom you made application  under s 486.2 (2) [discretionary]

Video-recorded evidence

13. Have you made an application – under s.715.2 – for the admission of video recorded evidence with viva voce testimony from an adult witness?

If yes, has the video recorded statement been used in conjunction with testimonial aids (support person, screen, CCTV?)

To what degree have you supplemented the video recorded statement with viva voce testimony? 

14. Have you made an application for the following, for vulnerable ADULT witnesses?

15.  In your experience, what benefits have you seen when testimonial aids have been used for vulnerable adult witnesses.  (e.g. quality of evidence, witness less stressed or fearful, witness able to focus, other…)

16. Do you have any comments, practical observations or insights to share?

17. Training on Testimonial Aids provisions for vulnerable adults

18. Resources on Testimonial Aids provisions for vulnerable adults