The Crown attorney’s office will contact you to let you know when you are scheduled to testify. This date may change depending on how the trial is going and the length of people’s testimony and cross-examination. The Crown attorney will go over your testimony with you on the day that you go on the witness stand. You may be given a copy of the statement(s) you have made to the police or a transcript of previous testimony you may have given at a preliminary hearing beforehand so that you can review it before taking the stand. It is a criminal offence to not comply with a subpoena and to not appear in court. A warrant for your arrest can be issued if you fail to attend after receiving a subpoena.
The Crown attorney may tell you that you are not to discuss the case with anyone – not during the preliminary hearing nor during the trial. The Crown does not want discussions to jeopardize the case. It may be very difficult for you to not share your thoughts with your spouse or other family members or friends. Remember that it’s always okay to talk about your feelings without revealing the facts or discussing the evidence.
Being a witness may be a very unpleasant experience for you. You will have to recall and relive painful memories surrounding the murder of your loved one and you may be asked to identify personal items that have been introduced as exhibits. This may heighten your pain. The Crown attorney should try to make this as easy as possible for you but the defence counsel will attempt to disprove or detract from your testimony during the cross-examination.
Normally, witnesses are not allowed to be present in the courtroom before giving their testimony. As a survivor of homicide, it may be very important to you to be present in the courtroom to hear all the evidence and to assimilate the information available so that some of your questions about how the murder occurred are answered. Ask the Crown attorney if you can be allowed to be in the courtroom or if you can be scheduled to testify early in the trial.
If you are called as a witness, here are some suggestions:
Be prepared.
Before going to court think about what happened and try to remember all the facts.
Listen to the questions.
If you don’t understand the question, ask the lawyer to explain what it means so that you can give a correct answer.
Speak slowly and clearly.
Think about your answer before you speak. Tell the story in the order that the events happened.
Be accurate.
Give exact answers when you can. If you don’t know the answer to a question, say so.
Remain calm and composed.
Do not lose your temper or make inappropriate comments, even if a lawyer seems rude or argues with you.
Mennonite Central Committee Canada. (2011). Getting through the maze: A guidebook for survivors of homicide.