Being required to testify in a criminal case can be stressful, especially if you have never been involved in court proceedings before. However, it is essential to understand that being a witness can play a critical role in helping the court to determine the truth and reach a fair verdict. This is what it means to be a witness in a criminal proceeding in Alberta, your rights, your obligations, and how to prepare for court.
Table of Contents
What is a Subpoena and Can You Ignore One?
A subpoena is a court order requiring you to attend court to give evidence on a specified date and time. Ignoring one can result in legal consequences, including a warrant for your arrest. If you have a valid reason for being unable to attend, such as an illness or scheduled travel, you must advise the court. Only the court has authority to excuse you.
Understanding the Role of a Witness
Witnesses provide information to help the court determine what happened. Such as:
- Eyewitnesses, who observed events firsthand and can report on the facts.
- Expert Witnesses, who offer professional opinions or technical insights.
The duty is to tell the truth. Knowingly providing false information amounts to perjury, which is a criminal offence. Hearsay (second-hand information from others) is generally inadmissible in criminal proceedings unless it falls under an accepted legal exception.
Preparing to Testify
- Refresh your memory of events but avoid speculation or exaggeration.
- Refrain from discussing your evidence with other witnesses.
- Dress appropriately for court.
- Arrive early to allow time for security check lineups at the entrance.
What Should You Expect in Court?
You may be questioned by the Crown prosecutor, the defence lawyer, and sometimes the judge. Before testifying, you must swear an oath or affirm that you will tell the truth. It is perfectly acceptable to say “I don’t remember” or “I don’t know” if that reflects your genuine recollection. Do not guess or fill in details. Only speak to what you personally saw, heard, or experienced.
Your Rights as a Witness
- Right to legal advice: You may consult a lawyer before testifying, especially if you feel uneasy or confused about your role.
- Right against self-incrimination: If you are compelled to answer a question that could incriminate you, your answer cannot be used to prosecute you in other proceedings, except in cases of perjury or contradictory testimony.
- Right to protection: If you experience threats, intimidation, or pressure related to your testimony, report it to police or to your lawyer immediately.
What If You Do Not Want to Testify?
Some witnesses are reluctant to testify due to anxiety or personal connections to the accused. However, once a subpoena is issued, you are legally obligated to attend to testify unless the court grants an exemption.
If You Are Not a Canadian Citizen or Permanent Resident
Your immigration status does not exempt you from testifying. The court does not inquire into your immigration background. Still, if you are concerned that participation might affect an immigration application or process, it is advisable to seek legal advice from someone experienced in both criminal and immigration law.
Final Thoughts
Being called as a witness is a civic duty that supports the justice system. If you stay truthful, calm, and well-informed, you can approach the experience with confidence. Your lawyer can help you understand your rights and obligations every step of the way.
Shim Law is a Calgary-based Criminal Defence firm with experience supporting both witnesses and accused persons throughout a criminal proceeding. We are here to prepare you for court, protect your legal rights, and ensure you are treated fairly.
Need help or further legal guidance? Contact our Criminal Defence team today.
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