Avenues to Address Crime for Victims (4:III)

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This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 25 August 2025.

A. Pursuing Criminal Proceedings

In the context of criminal proceedings, the victim is referred to as the complainant. Apart from an initial report to the police, the victim has no responsibility to pursue criminal proceedings. The police are responsible for investigating the offence, and the Crown is responsible for prosecuting it. Victims may be asked to provide follow-up statements, to meet with Crown counsel for a pre-trial interview, and to testify at trial. Ultimately, the crime is not only against the victim, but also against the community, and the victim is a witness to the crime. So, whether the witness wants to proceed, drop charges, or testify does not determine the outcome of a criminal case. However, if a victim is unwilling to testify, the prosecution may decide to drop the case due to lack of sufficient evidence against the accused.

Police can make an arrest if there are reasonable grounds to believe an offence has been committed, if there is a warrant, or if they find a person committing an offence. The Crown can lay charges if it believes there is a substantial likelihood of conviction and that it is in the public interest to do so. In BC, the police cannot lay charges against a person directly, but they can recommend charges to the Crown, though the Crown is not obligated to follow their recommendations.

Victims of assault, sexual assault, other violent offences, and several non-violent offences under the Criminal Code have the right to contact the police, make statements, and ask that charges be laid. The following is a list of some such non-violent offences:

s 264(1): Criminal Harassment;
s 264.1: Uttering Threats;
s 346: Extortion;
s 372(1): False Messages;
s 372(2): Indecent Phone Calls;
s 372(3): Harassing Phone Calls;
s 423: Intimidation;
s 425: Offences by Employers (Threats and Intimidation);
s 430: Mischief (Damage to Property); and
s 810: Surety to keep the peace (commonly known as a Peace Bond)

B. Court Orientation, Preparation, and Accompaniment

If a charge is laid, the victim may be asked or compelled to testify as a witness. If the offender pleads guilty or is convicted after a trial, the victim is entitled to submit a victim impact statement. Usually, victim impact statements are submitted in writing to the court, but a victim may also come to court in person to read out their victim impact statement.

The victim can receive help from Victim Service Workers, who can explain their rights, the type of support available and their role in the criminal justice process. Victim Service Workers can also help with crime victim benefits applications, and provide victims with information about subpoenas, pre-trial meetings with Crown, the court process, as well as attending court with the victim. For information, support, and referral to a victim service worker, please call the VictimLinkBC toll-free number at 1-800-563-0808.

A victim impact statement will be read by the judge before or during the sentencing hearing, and the judge is required to take it into account when sentencing the offender. This includes making a restitution order or imposing probation conditions. The prosecutor will usually provide the victim with a statement form that includes specific questions about how they were impacted by the offence. There are legal rules about what kinds of information the sentencing judge can consider, More information, including guides for both child and adult witnesses, and on victim impact statements, is available at https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/the-court-case/court-support.

Under s 486 of the Criminal Code, witnesses can receive testimonial accommodations such as testifying from behind a screen, appearing via video conference from another room or building, or in a courtroom that is closed to the public upon application. The Crown counsel in charge of prosecuting the offence will generally ask the victim whether they would like testimonial accommodation, but victims can also speak with the Crown counsel to discuss the matter.

Victims can also request language assistance, including visual language assistance, if they are required to testify in court. The Ministry of Justice provides court interpreters to translate criminal and family law court proceedings in a variety of different languages. Additional language support for other court-related activities is available through outside organizations. Individuals can find a full list of language assistance services available at https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/services-and-resources/translation-services.

C. Complaints Against Crown Counsel and Police

If the police do not recommend charges and the Crown decides not to prosecute, the victim may file a complaint against the police or the Crown. Complaints against the Crown may be directed to the local administrative Crown Counsel, and then the regional Crown Counsel if needed. Finally, it may be appropriate to write to the BC Attorney General in Victoria.

Complaints against the police differ depending on whether the complaint is against the Royal Canadian Mounted Police (RCMP) or municipal police. In BC, thirteen cities have municipal police departments (i.e., Abbotsford, Central Saanich, Delta, Nelson, New Westminster, Oak Bay, Port Moody, Saanich, Vancouver, Victoria, Esquimalt, and West Vancouver); all other municipalities are policed by the RCMP.

Complaints about RCMP officers can be made to the Civilian Review and Complaints Commission (CRCC). For more information, please see the CRCC website at www.crcc-ccetp.gc.ca.

Complaints about municipal police are overseen by the Office of the Police Complaint Commissioner (OPCC). For more information, please see the OPCC website at www.opcc.bc.ca.

D. Victim Participation in Criminal Trials

There are many resources available to witnesses to assist them during the court process and mitigate stress that arises from testifying. However, prior to agreeing to be a witness in a criminal case, a person must understand that the process may be an intrusive and uncomfortable experience. This is particularly relevant to victims who, in the process of testifying, may feel retraumatized or revictimized.

1. All witnesses are generally compellable

Once a person discloses that they were involved in or witnessed a crime and agrees to provide evidence in court, a subpoena can be issued compelling them to attend court on a specific date to give evidence (Criminal Code, s 698). If a witness who has been served with a subpoena does not come to court at the specified time, the judge can issue a material witness warrant, which means the person can be arrested and brought to court to testify. In very serious case, individuals who have been served with a subpoena and fail to show up to court, or later refuse to give evidence at trial, may be arrested and charged with contempt, which carries a punishment including imprisonment of up to 90 days (Criminal Code, s 708). Further, if a person provides false evidence in court, they can be charged with perjury, which carries a punishment of imprisonment up to 14 years (Criminal Code, ss 131–132).

However, it is important to keep in mind that these kinds of legal actions against witnesses are rare. The Crown in BC has a policy against issuing warrants or pursing legal action against vulnerable witnesses, including victims of domestic and sexual violence.

2. Cross-examination can be stressful

Cross-examination can be a stressful experience for a witness. Defence counsel will likely challenge a witness’ evidence to show that they are not credible or that the evidence they are giving is unreliable (see R v Parent, 2000 BCPC 11). Defence counsel will generally do this by showing that the witness’s testimony is inconsistent with other independent evidence, they have made prior inconsistent statements, or their testimony has changed during direct examination and cross-examination. Defence counsel may also attempt to show that the witness has a motive to lie or mislead the court, which may include cross-examining them on any bias or prejudice they have towards the accused. Even if a witness appears credible, the defence may attempt to show that their evidence is unreliable because they are mistaken about what they saw.

3. Discreditable conduct of a witness can be used to challenge their credibility

Section 12 of the Canadian Evidence Act states, “a witness may be questioned as to whether the witness has been convicted of any offence, excluding any offence designated as a contravention under the Contraventions Act (see Brian Newton, Q.C. “Third Party Records Disclosure Applications s278 Criminal Code,” Criminal Law Conference 2004: full disclosure: emerging & complex issues in the rules of evidence, at 1.), but including such an offence where the conviction was entered after a trial on an indictment.” In R v Cullen, 52 CCC (3d) 459, the Ontario Court of Appeal stated at para 9 that, “for the purpose of challenging a witness’ credibility, cross-examination is permissible to demonstrate that a witness has been involved in discreditable conduct.” Therefore, apart from the accused, any witness can be cross-examined on any criminal record that they have, the details of those convictions, any pending charges, acquittals, or any other discreditable conduct which they may not have been charged with. For example, the defence may hire a private investigator to follow a witness to gather evidence on their conduct. If the witness was participating in discreditable conduct, the defence could use this evidence during a cross-examination as a means of discrediting the witness in court.

4. An accused can make an application to have third-party records of witnesses such as counselling records disclosed

The defence can make an application to a trial judge for the disclosure of third-party records, which include medical, psychiatric, therapeutic, and counselling records. Although the burden is higher for sexual offences, under s 278.3 of the Criminal Code, the defence can make an application to a trial judge for the disclosure of such records. This also includes personal records such as a victim’s journal or diary. The disclosure of these records can be traumatizing for a witness or victim, particularly victims of a sexual offence.

The process the court undergoes when deciding whether to admit the records involves “the balancing of the rights of the accused under ss 7 and 11 of the Charter with the privacy rights of the complainant.” Unlike documents which the prosecution has in their possession, the burden is on the accused to prove that third-party records should be disclosed because the information is not part of the prosecution’s case, and third-parties have no obligation to assist the defence (See O’Connor v The Queen, (1995), 103 CCC (3d) 1 (SCC) at para 19). However, under s 278.5, if the trial judge is satisfied that a) the defence’s application is made in accordance with s 278.3, b) that they have established that the record is likely relevant to an issue at trial or to the competence of the witness to testify, and c) production of the record is necessary in the interests of justice, they may order the third party to produce the records. The trial judge will then review the records and may order their disclosure to the accused under s 278.7.

5. An accused can make an application to have third-party records of witnesses such as counselling records disclosed

The BC Victim Travel Fund provides funding to a maximum of $3,000 per family or victim to help attend and participate in interviews, hearings, and other justice-related proceedings. Funding is available to victims who have suffered significant physical or emotional trauma from a serious criminal offence, and victims who require a support person to attend a proceeding. Funding is also available to immediate family members of deceased victims (e.g., parents, spouse, children, and siblings). Eligible expenses may include meals, accommodation, and the most economical form of travel. Applicants for the Victim Travel Fund must also meet the following criteria:

the applicant must make the applications prior to the justice proceeding;
the applicant has to travel more than 100 km one way to attend the justice proceeding;
the justice proceeding must take place in BC and the proceeding is expected to impact the outcome, disposition or results of the proceeding or hearing (excluding provincial parole and federal hearings); and
travel and related expenses are not covered by Crown counsel, the crime victim benefits, or any other source.

For more information or to apply for the Victim Travel Fund, see https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/victim-travel-assistance.

E. Seeking Restitution Orders

If the accused is convicted of an offence, the prosecutor can apply for an order that the accused (now referred to as the offender) pay for certain quantifiable damages (see the list below) suffered by the victim. This is known as a restitution order and can be found under s 738 of the Criminal Code. The victim must provide proof of the damage or expenses to the prosecutor before the sentencing hearing so the judge can make a decision at the time of sentencing. Restitution amounts must be easily calculable and not in great dispute. If possible, the victim should provide receipts, a quote for repairs or other proof of how much money they lost because of the crime committed against them.

For all convictions or section 730 discharges, the judge is required to consider making a restitution order (Criminal Code, s 737.1(1)) and victims must be given a reasonable opportunity to indicate whether they are seeking restitution (Criminal Code, s 737.1(2))

Restitution will not be ordered in all cases where there is monetary loss or damages. The judge must consider whether a restitution order should be included in the sentence and whether all aspects of the sentence reflect the purposes and principles of sentencing and are appropriate given the circumstances of the offence and the particular offender. The ability of the offender to pay a restitution order will be a consideration, although an offender’s financial circumstances do not prevent a court from making a restitution order (Criminal Code, s 739.1). Restitution cannot be ordered for pain and suffering or other damages which can only be assessed in the civil courts. If the judge decides not to make a restitution order, they must give reasons for why they did not make the order (Criminal Code, s 737.1(5)).

The only aspects of physical injury or psychological harm that can be covered by a restitution order are those quantifiable from a cost perspective and that take place prior to sentencing (Criminal Code, s 737.1(2)). A judge can order restitution for financial losses related to:

damaged or lost property due to the crime (Criminal Code, s 738(1)(a));
physical injury or psychological harm due to the crime (Criminal Code, s 738(1)(b));
physical injury due to the arrest or attempted arrest of the offender (Criminal Code, s 738(1)(c));
costs for temporary housing, food, childcare and transportation due to moving out of the offender's household (this only applies if a victim has moved because they had been physically harmed or threatened with physical harm due to the offence, arrest, or attempted arrest of the offender) (Criminal Code, s 738(1)(c));
costs that victims of identity theft had to pay to re-establish their identity, and to correct their credit history and their credit rating (Criminal Code, s 738(1)(d));
reasonable expenses for the removal of intimate images published without consent on the internet or other digital network (Criminal Code, s. 738(1)).

The sentencing judge does not have the authority to make a restitution order related to “paid and suffering”. Although the restitution order is made by a criminal court as part of an offender’s sentence, it is like a civil order in some respects. If the offender does not pay the amount ordered, the victim can file the order in the civil court and use civil enforcement methods to collect the money (Criminal Code, s 741(1)). For example, the court may grant an order to seize bank accounts or to place liens on the offender’s property.

F. Parole Board of Canada Hearings

Victims may be affected by later decisions to release a convicted offender. Victims who wish to attend Parole Board of Canada (PBC) hearings may apply for financial assistance, including for travel, hotel, and meal expenses. In order to be eligible, victims must have registered with Correctional Service Canada (CSC). For information on registering, visit https://www.canada.ca/en/correctional-service/services/you-csc/victims/register.html.

Support persons may also be eligible for funding. An eligible support person must be an adult over 18 years of age who is chosen by the registered victim. Support persons may include relatives, friends or victim service workers. Support persons who wish to attend a PBC hearing with a registered victim must submit a written request to the office of the PBC in the region where the hearing will take place, once the victim has received notice from CSC/PBC of potential hearing dates. A security screening will be conducted for all visitors before they are allowed into a penitentiary. If the support person is accompanying the victim to the hearing, but does not intend to go to the hearing, then a security screening is not required. Please note, however, that if the support person should need to enter the penitentiary, the security screening would be required.

Please note that this is only available for federally supervised offenders and that applications should be submitted at least 30 days before the hearing date. For more information, visit https://canada.justice.gc.ca/eng/fund-fina/cj-jp/fund-fond/attend-audience.html.

For complaints against the BC Corrections Branch (e.g., bail supervisors, probation officers, and correctional officers), victims can speak to a person in charge of the facility or persons being complained about. If the complaint is not resolved, victims can contact the Investigation and Standards Office at https://www2.gov.bc.ca/gov/content/justice/criminal-justice/iso.

G. Pursuing the Matter in a Civil Action

Criminal courts determine whether the accused is guilty, and if so, the appropriate punishment. However, the criminal court will do little in the way of providing compensation for the victim, other than possibly making a restitution order Receiving financial compensation from the offender for the damages caused is one of the reasons why survivors of violence sue in civil court. A victim can sue the perpetrator regardless of whether or not that person is convicted in criminal court. Even if the perpetrator is acquitted, the victim may still be successful in civil court because the standard of proof of lower.

A civil suit may also give the victim access to compensation from third parties and institutional defendants (e.g. government institutions, foster homes, and residential schools) that bear some responsibility for allowing or enabling the offence to occur. This is beneficial where the individual perpetrator has few assets or none at all.

Pursuant to the Limitation Act, RSBC, c 266, in most cases, there is a two-year limitation on initiating a civil claim (s 6). However, there are exceptions to this rule. In BC, there is an exemption to the two-year time limit for cases of sexual assault (s 3(1)(j)). The Limitation Act also allows for an exemption for physical assault claims for minors and for adults who were living in a personal or dependent relationship with their abuser (s 3(1)(k)). The rationale for these exemptions is that those victims may not be expected to recognize the impact of what has happened to them and have the ability to bring a claim within a limitation period.

Bringing a civil action may be a long process and the plaintiff should consider the personal toll and financial costs it may impose on them. Some victims who go through this process feel as though their lives are on hold and are unable to get on with other parts of their lives. Remember, however, that in many cases the parties will settle, although the outcomes of negotiations are extremely difficult to predict. Some people may benefit from counselling while pursuing a civil action.

Victims should be referred to a lawyer who is experienced with this area of law. There may be issues and circumstances in each particular case that make it difficult to assess the probability of success. Some lawyers may be willing to take on a case on a contingency fee basis, which means that they will get a certain percentage of any damages, if they are awarded.

A victim must not be pressured into making a decision not in their interests, so others must not take control of the victim’s decisions. A victim should be informed of their options and the potential consequences of each course of action in order to allow them to give informed instructions to counsel.

1. A civil suit is separate from the criminal case

The fact that an accused has not been criminally charged or has been acquitted of criminal charges is not a bar to commencing civil proceedings as the legal issues and the standard of proof are different. The difficulty with recovering anything directly from the accused is that they seldom have assets that could support a damage award made by the court.

The burden of proof in a civil trial is lower than in a criminal trial, but the evidence must still be clear and convincing. As a plaintiff in a civil action, a survivor of physical or sexual assault must prove on a balance of probabilities that the assault was perpetrated by the defendant named in the action, and that this assault resulted in damages. This is a less stringent test than that placed upon the Crown in criminal proceedings, where the case must be established beyond a reasonable doubt. Thus, it is possible for a victim to win a civil suit even if the perpetrator has been acquitted in the criminal proceedings.

Pursuing the matter through the criminal justice system is best done before any civil action is taken, given that:

in a criminal case, the investigation is conducted by the police who are public servants, which saves the victim both time and expense in gathering witnesses and other evidence;
a criminal conviction is convincing evidence in itself; and
in a civil suit, the opposing side has more access to the victim’s personal history, since document disclosure in a civil suit applies to both the plaintiff and defendant, and the Criminal Code provisions restricting the scope of admissible evidence about the victim do not apply. If the civil suit is pursued concurrently or before the criminal trial, the information brought up in the former may be utilized in the latter, often to the detriment of the victim. Furthermore, the accused may argue that the victim is pursuing the criminal trial only because they want to gain as much as possible in the civil action.

Previous criminal convictions are admissible in subsequent civil proceedings. While a verdict on a criminal trial is not determinative of the outcome in the civil trial of the same matter, it is inevitable that a conviction gives rise to a legal presumption of wrongdoing. Moreover, the material facts underlying the conviction are presumed correct unless proven otherwise. In this sense, a defendant’s criminal conviction greatly strengthens the plaintiff’s case in civil litigation. Even if the accused was acquitted in a criminal matter, the plaintiff’s case would be unaffected because the burden of proof in a civil case is lower than a criminal case.

2. Civil torts

Examples of applicable torts include assault, battery, trespass to the person, breach of privacy, intentional or negligent infliction of nervous shock or emotional distress, false imprisonment; trespass to land, intimidation (usually a business tort, but applicable in some cases), and defamation.

MacKay v Buelow (1995), 11 RFL (4th) 403 provides a helpful illustration of the applicability of tort law in this area. The defendant (the plaintiff’s ex-husband) harassed and intimidated the plaintiff by continuously calling her, leaving notes at her home, threatening to kidnap their daughter, throwing things at the plaintiff, hanging a used condom in her home, stalking her, directly and indirectly threatening to kill her, videotaping her through her bathroom window, advising third parties about nude movies of the plaintiff, and continuously harassing her friends and colleagues. The court held that the conduct of the defendant was exceptionally outrageous and awarded the plaintiff damages based on the torts of trespass to the person, breach of privacy, and intentional infliction of emotional distress.

3. Interaction with the Crime Victim Assistance Act

The Crime Victim Assistance Act, SBC 2001, c 38 [CVAA] is the primary piece of legislation in B.C. that governs the Crime Victim Assistance Program (CVAP). The Victim Services and Crime Prevention Division of the Ministry of Public Safety and Solicitor General administers the CVAP.

The overall effect of the CVAA provisions governing civil actions is that money awarded as judgment, settlement, or restitution must be paid back to the CVAP to cover the cost or value of benefits given, except with the consent of the CVAP. The benefit of this scheme is that even if a claimant receives no additional money through a combination of reduced damages and CVAP benefits than through full damages alone, they do not have to wait for the conclusion of a civil suit to receive financial benefits; furthermore, the risk of recovering no money from the offender falls on the CVAP, not the claimant.

Section 8 of the CVAA establishes that the CVAP may, before or after providing benefits, require the claimant to pay the CVAP part or all the following amounts received to cover the cost or value of the claimant’s benefits:

damages received in a civil action started by the claimant against a person arising out of the prescribed offence;
amounts received in settlement of such an action; or
amounts received as restitution under section 738 of the Criminal Code in the criminal case against the accused of the prescribed offence.

The CVAA also entitles the CVAP to recover the cost of benefits from civil actions started by a claimant after applying for CVAP benefits. If a claimant initiates civil proceedings after applying for CVAP benefits, the CVAP must receive a copy of the notice of civil claim within 10 days of service on the defendant (CVAA, s 15(1)). While as a starting point, the claimant’s entitlement to damages or settlement is unaffected by their entitlement to CVAP benefits (CVAA, s 15(2)), this is qualified by the power of the CVAP to claim partial entitlement to the proceeds of civil actions against a person arising out of a prescribed offence.

With respect to a claimant who has received CVAP benefits, the CVAA empowers the CVAP to commence action against a person arising out of a prescribed offence in the following circumstances (CVAA, s 16(1)):

the claimant has not commenced any such action; or
the claimant has commenced such an action, but the CVAP has not concurred to the settlement agreement reached by the parties.

If the CVAP commences such a civil action, it becomes entitled to a portion of the damages equivalent to the cost or value of benefits provided (CVAA, s 16(2)). If a claimant starts a civil action after the CVAP commences theirs, the claim available to the claimant as the plaintiff is reduced by the CVAP’s claim (CVAA, s 16(3)).

Money the CVAP recovers from actions is applied in the following order (CVAA, s 17):

firstly, to pay the cost of litigating the action;
secondly, to pay the cost or value of benefits awarded;
thirdly, to the claimant.