Testifying in a Criminal Case
Having to testify in either yours or someone else’s criminal case can be a stressful experience, especially if you have not been involved in a court proceeding before.
However, it is essential to understand that your testimony can play a critical role in helping the court to determine the truth. This guide explains what it means to be a witness in Alberta, your rights and obligations, and how to prepare for court.
Table of Contents
I received a subpoena. Can I ignore it?
A subpoena is a formal court order requiring you to attend court on a specified date and time. Ignoring it can result in an arrest warrant being issued to compel your attendance per the Criminal Code of Canada. Only a court can decide to excuse
your attendance.
What is the Role of a Witness?
Witnesses testify under oath to help the court determine what happened.
- Eyewitnesses: those who observed events firsthand.
- Expert witnesses: those who provide qualified professional opinions.
Your duty is to tell the truth. Knowingly giving 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 established legal exception.
Preparing to Testify:
- Review any previous statements you made to police.
- Refresh your memory of the events and avoid speculation or exaggeration.
- Do not discuss your evidence with other witnesses.
- Dress appropriately for court.
- Arrive early to allow time for security check lineups.
What to 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 solemnly affirm that you will tell the truth. It is acceptable to say “I don’t remember” or “I don’t know” if that will reflect 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.
- Right against self-incrimination: A witness who testifies in any proceedings
has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. - Witness protection: If you experience threats, intimidation, or pressure related to your testimony, report it to the police or to the court immediately.
If You Do Not Want to Testify:
Some witnesses are reluctant due to anxiety or connections to the accused. However, once a subpoena is issued you are obligated to attend unless the court says otherwise.
If You Are Not a Canadian Citizen or Permanent Resident:
Your immigration status does not exempt you from testifying. If you are concerned that your participation might affect an immigration application or process, it is advisable to seek legal advice from a lawyer experienced with both criminal and
immigration laws.
Start Protecting Your Rights Now
Being called as a witness is a duty that supports the justice system. If you are truthful, calm, and informed, you can testify with confidence. Advice from legal counsel can help you to understand your rights and obligations every step of the
way.
Shim Law is a Calgary-based criminal defence firm with experience in supporting accused persons and witnesses throughout the criminal process. We are able to prepare you for court, protect your legal rights, and ensure you are treated fairly.
Need help or legal guidance? Contact our criminal defence team directly.
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