lawyer referral service lsuc

the victim witness assistance program: support for women victims of crime flew website: www.onefamilylaw.ca flew: family law education for women. this video is a resource developed for the family law education for women campaign, or flew. flew provides legal information and education about women’s rights and options

at times of family disputes and breakdown, especially for vulnerable women and service providers. other family law topics can be found in asl and written form at this website: this video and all flew materials provide legal information. they are not legal advice. for legal advice you should consult a lawyer. flew – family law education for women is a project funded by the ontario women’s directorate,

and the law foundation of ontario. this video was produced in consultation with members of the deaf community. scenario 1: a police officer comes to nina’s apartment after a fight with her boyfriend patrick. and now the performance will begin… patrick: where’s my girlfriend? i saw you – where did you take her?

no, no, i know that. no, oh jeez, no… police officer (writes on pad): “you have to come with me to the police station. we are arranging for an interpreter.” patrick: no, no, i want to know where my girlfriend is. no… scenario 2: nina and julia talk about what happened after the incident at nina’s apartment.

julia: how are you feeling now? nina: oh, i’m still in shock i ache all over. i think the painkillers are wearing off. so, just a second… so, the police took me to the hospital. they had an interpreter there already. and the police told me that patrick was charged with assault. and, i could not believe it. julia: this isn’t the first time something like this has happened is it?

nina: no, it’s happened before. julia: what do you want to do now? you can stay with me you know. nina: yes, please. i don’t want to stay here. julia: i think it’s important to try and keep yourself calm. try to help yourself relax and feel better. nina: yeah, the police had also mentioned that someone’s going to call me. julia: who’s going to call you?

nina: um, you know what – i think i have their card. just a second. ah, here it is. the victim witness assistance program… v-w-a-p – vwap, and the police had suggested that they would be able to help me with patrick’s court proceedings and then, of course, if i’m called to testify they’ll help me with that process and then they have other resources and information

that they can give me to support me. julia: this is all such a shock, but it seems like that’s going to be a really good resource if you have to go to court. so that’s a great contact to have. nina: mmm-hmm. victims and witnesses interviewer: the woman in the scenario was given a card from the “victim witness assistance program.” the policeman told her about it.

before we talk i wanted to ask you a few questions about the program. but first of all what does “victim” mean? speaker: a victim is a person who has suffered physical or emotional harm, property damage or lost money, because of a crime. a crime is when someone does something that is against the criminal law – such as theft, which is taking someone’s property without their permission,

or assault, which is purposely applying force to someone’s body, like hitting or kicking, without their permission. if you are a victim of a crime you can report the crime to police. it is also very important to know that there is a greater risk of violence when an intimate relationship is ending. if you are in immediate danger you can call the police by dialling 911 for help in an emergency.

for information about where to find legal advice for your family law matter, go to: www.onefamilylaw.ca/en/legalhelp/ interviewer: what does “witness” mean? speaker: a witness is a person who has personal knowledge about a thing or event. in a trial, a witness may be called to truthfully tell, or testify in court about what they know. in a criminal trial, a victim is very often a witness as well.

the victim witness assistance program can help victims and any witnesses to a violent crime. the victim witness assistance program (vwap) interviewer: so now let’s talk about the victim witness assistance program. tell me who is this program for? speaker: this program was set up to help victims and witnesses of violent crimes. it is available in all areas of ontario.

interviewer: and how does it help victims or witnesses? speaker: vwap service workers help victims and witnesses of violent crimes understand and participate in the court process. they provide information, and support to help a victim or witness throughout the criminal court process. interviewer: who can get help from a victim witness assistance worker? does the program get involved in every case?

speaker: no, first the police have to charge a person with committing a crime. and then, not every victim of every crime will receive service. the vwap is set up to help victims and witnesses of violent crimes, and especially if people are vulnerable. most often they help: victims of sexual assault, or intimate partner assault,

or human trafficking. they also help victims and witnesses in child abuse cases and hate crime cases. they can also assist the families of murder victims and families of a person who dies in a driving accident. interviewer: do they help people who are deaf? speaker: yes, if the person has been a victim or witness of a violent crime. interviewer: i can imagine that being involved in a violent crime

is shocking and a difficult time. speaker: yes, and victim witness assistance workers are trained to be sensitive to many different feelings a person may have, after being affected by a violent crime. for example, a victim may have feelings of: trauma; fear for their safety, before, during and after a trial; as well as mistrust or fear of the judicial system;

not having control over what’s happening in their life; financial concerns, especially if they have lost property, or are unable to work; family pressures; involvement with the children’s aid society; frustration, from difficulty understanding english or french; or from not being familiar with canadian culture, including laws, the police and court system. interviewer: so what are some of the things

the victim witness assistance program can do to help? speaker: victim witness service workers provide ongoing information about what’s happening in the case and the stages and timelines as the case moves ahead. they can discuss safety and help a person develop a safety plan for during and after the trial. they also offer emotional support and referrals to supports in the community, such as women’s shelters, or a therapist.

the service workers can also explain and show a victim or witness what the courtroom looks like, and talk about the kinds of things to expect at each stage of the trial, including if the person has to be a witness and testify, which means truthfully telling what they know, in court. scenario 3: nina and julia talk about nina going to court to testify. julia: you look so much better. how is your arm?

nina: yeah, i’m still going to physiotherapy, it’s getting better day by day. thank you for asking. julia: and is there news about patrick? nina: yes. the case is going ahead and i will have to go to court to testify and tell about what patrick did to me. julia: and how do you feel about that? nina: to be honest with you, i’m nervous, i’m worried.

i have so many questions. i’m worried about what’s going to happen to patrick. and, you know, i’m scared. you know the police came into my apartment. i haven’t seen him since then and the court has ordered him to stay away from me. julia: do you remember, before we talked about the victim witness assistance program, maybe they can give you more information and support.

nina: yes. we’ve been in contact. we’ve made a plan and we’re going to meet again in a few days from now actually. does a person have to use the victim witness assistance program? interviewer: do victims or witnesses have to use this service? speaker: no, using the service is completely voluntary. it is there to help and support the victim through the process, but only if they want the help. interviewer: and how long will they stay involved?

speaker: they provide services as long as a victim or witness wants them, until the end of the case. interviewer: can a person change their mind about using the vwap services? speaker: yes. a person can choose not to use the services at the beginning of a case, and then decide to use them later on. just contact a victim witness service worker.

or ask the crown counsel, the government lawyer working on the case. interviewer: in the scenario we saw earlier a police officer told a victim about the vwap. are there other ways to get in contact with the program? speaker: yes, there are many different people or services that might refer a woman to the program: police; the crown counsel,

who is the government lawyer who prosecutes criminal cases; other victim services or crisis assistance in the community; sexual assault centres; shelters for abused women; the children’s aid society; a doctor, therapist or hospital staff; a community agency. any one of these people or agencies might come in contact with someone

who was the victim of a crime. or a person can call the vwap directly to ask for help. steps in the process: how the victim witness assistance program can help interviewer: when a victim witness service worker starts working with a crime victim, what’s the first step? speaker: usually, after a charge is laid and the accused person goes to the first court hearing

a few days later, the file is assigned to a victim witness assistance program worker. then the worker will make a call and explain what’s happening with the case, and offer to provide more services to the victim as the case progresses. if the victim says yes, the next step is to meet for a general information session.

during this information session they will discuss: the stages of the court process; what the timelines of the case may be; some early specific details, like whether the accused will be released into the community until the trial begins, and with what conditions, especially about not contacting the victim; and what to do if the victim is afraid. they will also talk about how the victim is doing,

whether she needs any help, and where she can call for services. and the victim witness support worker can make referrals to community supports if they are needed. an asl interpreter, a deaf interpreter, and other assistance interviewer: will the victim witness worker provide an asl interpreter? speaker: yes, when the vwap worker finds out that the victim needs asl interpretation,

she will arrange to have an asl interpreter for their meetings and meetings with the crown counsel. if a woman is not satisfied with the interpreter she should let the worker know right away about her concerns. interviewer: what if a woman needs a deaf interpreter? speaker: if a victim needs a deaf interpreter, she should make sure the vwap worker knows that as soon as possible and she will arrange for a deaf interpreter

for your meetings with the victim witness assistance program and the crown counsel. please make this request as early as possible, it can be harder to find a deaf interpreter. interviewer: will there be an asl and deaf interpreter in court as well? speaker: if a victim or witness needs an asl or a deaf interpreter to be able to participate effectively in court,

it is important to make the request as early as possible. tell vwap or the accessibility coordinator at the courthouse. vwap will inform the court that an asl and/or deaf interpreter will be necessary for the court proceeding. if a victim or witness has a concern about the interpretation skills of the interpreter in the court, she should tell the vwap worker or the accessibility coordinator at the courthouse.

the judge will consider these concerns and make a decision. interviewer: can the victim witness assistance worker also give legal advice? speaker: no, the victim witness service workers are not lawyers and they cannot give legal advice. if a victim or witness does want to talk to a lawyer, they are free to consult one, but they may have to pay for those services.

when a person first meets with a victim witness assistance worker, they will review the things that the worker cannot do. it is important to understand that a victim witness worker cannot: withdraw the charges against the accused; review the evidence in the case; suggest how the case will turn out; provide child care;

provide transportation to and from court; and as i said, they cannot give legal advice. it is also important for the victim to understand that the conversations with the victim witness assistance worker are not confidential. that means that the victim cannot expect everything she says to the worker will stay private. this is because the vwap is part of the crown counsel’s office. the victim witness worker may have to tell

some things about the case to the crown counsel, and the rules of court process may require the crown counsel to tell the information to the lawyer for the accused. when the case goes to court interviewer: as the case moves ahead through the court system, what will the victim witness service worker do? speaker: the worker is there to explain the criminal justice process before, during and after the trial.

and the worker can communicate the victim’s questions and concerns about the case to the crown counsel. as the crown counsel gets ready to argue the case in court, the victim witness service worker will help prepare the victim for the court experience – what to expect, and what will happen when she gives her testimony about what happened. the worker will coordinate the meetings between the victim, the police, and the crown counsel

so that they can prepare for the court date. and the victim witness worker will remind the victim about court dates and times. throughout this process, the victim witness worker will offer emotional support too. interviewer: it sounds like it can get confusing, and the victim could feel nervous before going to court. it might be helpful to see the courtroom beforehand. is this possible?

speaker: yes this is usually possible. the victim witness worker can often arrange a courtroom visit before the actual trial, if it can be worked into the busy court schedule. they might also look at a picture of the courtroom layout together, and visualize where the judge, court staff and lawyers will be sitting, and where the witness will be when she testifies. what if the victim is afraid

of being in court with the accused person? interviewer: what if a victim doesn’t want to see the accused in the courthouse? where will a witness wait before going into the courtroom? speaker: one of the things the vwap tries to provide is a safe and secure environment for the witness before going into the court. in many communities where there is a vwap office, they have a separate waiting area for victims and witnesses.

this can be part of the victim’s overall safety plan for inside as well as outside of the courthouse. interviewer: i know some women may be afraid of the accused; or feel threatened or intimidated by him. when a victim testifies, does she have to be in the courtroom with the accused person? speaker: the accused person has the right to always be in the courtroom, and to hear the case against him.

but it is sometimes possible for a frightened witness to testify from outside the courtroom, or from behind a screen, so she doesn’t have to look at or feel watched by the accused. if a woman is afraid of the accused, or she feels threatened or intimidated by him, she should let the victim witness worker and the crown counsel know about her fears. they can help her ask the court

to be able to testify from outside the court room, or from behind a screen. then the judge will decide. going to court interviewer: a case may take several days in court, before the judge decides the outcome. the victim can attend every day, if she wants. after each day in court, what does the victim witness assistance worker do?

speaker: the victim witness worker will explain what happened that day, and explain next steps. the victim will also have the chance to tell the worker about her experience, and ask questions about the court process. interviewer: does the victim witness service worker continue to help the victim all through the trial? speaker: yes. before each trial day,

the victim witness worker will notify the victim of the trial date. during the trial, the worker can help explain what happens in court, such as what is an opening and closing statement, and what is a charge or instruction to the jury, if it’s a jury trial. the worker is also always available to give emotional support, because the details of the trial can be emotional, and going back and forth to court can be tiring.

if the crown counsel needs to prepare the victim for being a witness or has to ask her any questions, the victim witness worker will also attend the meeting with the crown counsel. when the time comes for the victim to give her testimony in court, the victim witness worker will help the victim prepare for court. and whenever the victim goes to court,

the victim witness worker can accompany the victim, if she has no other support person. when the judge gives the final decision, or verdict, about whether the accused is guilty of committing a crime, the victim witness worker can help explain what the judge said and what it means. the victim impact statement interviewer: if the accused is found guilty, does the victim have a chance to say anything

about what sentence, or punishment, he should get? speaker: yes, it’s called giving a victim impact statement, which allows the victim to tell the judge how the crime has affected her life. it is completely voluntary. the victim witness worker can help the victim write out the victim impact statement, and make sure it only includes what the judge is allowed to hear from the victim,

at this stage of the court process. the worker can also help the victim prepare for when she reads the victim impact statement in court. after the trial interviewer: and what about after the trial, what support does the victim witness service worker provide then? speaker: the worker can discuss the outcome of the trial, whether the accused was convicted, that is found guilty, or acquitted, that is found not guilty and released.

if the accused is found guilty, the worker can explain the sentence, and how it will affect both the offender and the victim. the offender may or may not go to jail. if he does go to jail, the victim witness worker can help the victim understand what will happen when it is time for the offender to be released back into the community. interviewer: thank you.

resources and credits there will now be a list of several resources you may be interested in as well as the credits for this video. community resources: resources for women: fodf – femmes ontariennes et droit de la famille www.undroitdefamille.ca owjn – ontario women’s justice network

www.owjn.org ontario women’s directorate www.women.gov.on.ca/owd/english/index.shtml community resources for deaf people in ontario: emergency interpreter service canadian hearing society tty: 1-866-831-4657 sms/text 905-971-0564 info@chs.ca silent voice tty: 416-463-3928 www.silentvoice.ca silent.voice@silentvoice.ca women with disabilities and deaf women’s program

www.springtideresources.org/programs brcd bob rumball centre for the deaf tty: 416-449-2728 www.bobrumball.org support for women facing intimate partner violence: assaulted women’s helpline tty: 1-866-863-7868 www.awhl.org ontario network of sexual assault/ domestic violence treatment centres www.satcontario.com/en/survivor.php ontario coalition of rape crisis centres

www.sexualassaultsupport.ca sheltersafe – find a shelter near you www.sheltersafe.ca silent voice – deaf adult services program tty: 416-463-3928 www.silentvoice.ca silent.voice@silentvoice.ca 211 toronto and 211 ontario for community and government services anywhere in ontario tty: 1-888-340-1001 www.211ontario.ca officeadmin@211ontario.ca victim crisis assistance and referral services

tty: 1-888-340-1001 www.attorneygeneral.jus.gov.on.ca/english/ovss/programs.php ministry of attorney general vwap – victim witness assistance program tty: 1-877-425-0575 www.attorneygeneral.jus.gov.on.ca/english/ attorneygeneral@ontario.ca u.s.-based resources & vlogs for deaf women facing violence: adwas – abused deaf women’s advocacy services www.adwas.org deaf abused women’s network www.deafdawn.org

legal information and services: family violence authorization program legal aid ontario free 2 hour emergency meeting with a lawyer tty: 1-866-641-8867 info@lao.on.ca www.legalaid.on.ca/en/getting/type_domesticviolence.asp the barbra schlifer commemorative clinic – free legal help & languages services (including asl) tty: 416-323-1361 www.schliferclinic.com schliferclinic.com/about/contact-us/ arch disability law centre –

free legal clinic for the deaf and people living with disabilities tty: 416-482-2981 archlib@loa.on.ca www.archdisabilitylaw.ca legal aid ontario for low-income people tty: 1-866-641-8867 info@lao.on.ca www.legalaid.on.ca/en/getting/type_domesticviolence.asp human rights legal support centre tty: 1-866-612-8627 www.hrlsc.on.ca family law information program, legal aid ontario tty: 1-866-641-8867 info@lao.on.ca www.legalaid.on.ca/en/getting/flip.asp family law information centres, ministry of attorney general

www.attorneygeneral.jus.gov.on.ca/english/family/infoctr.asp justice net: reduced-fee lawyers for low-income earners who do not qualify for legal aid www.justicenet.ca/directory/search/action/home/pro/lawyer/ info@justicenet.ca law society of upper canada – lawyer referral service tty: 416-644-8446 www.lsuc.on.ca lawsociety@lsuc.on.ca court prep – prepares victims and witnesses to give evidence; information on canadian legal system www.courtprep.ca

actors samreen aziz michael mickelson isabella nimeck darrell villa written by: tamar witelson, legal director, metrac joanna hayes, metrac catharine butler, springtide resources inc.

consultants: jo-anne bryan, silent voice alice lo fran odette interpretation & editing of educational material: canadian hearing society asl signing: beth hutchison nicka sage lovell

video directing and editing: wendy rowland camera: robin bain special thanks to: laurie snowden, ministry of the attorney general nadine sookermany, springtide resources inc. asl interpreters: melissa cyr

tara everett dana feckovics sara gold tala jalilli silvia wannam this video was produced by metrac action on violence and springtide resources inc. for the flew (family law education for women) project support provided by arch disability law centre

metrac and springtide resources inc. received input on deaf culture and experience from members of the deaf community and from silent voice. silent voice is a not-for-profit community-based organization which serves deaf children, deaf youth and adults, and their families in a sign language environment. funded by: government of ontario through the ontario women's directorate

and the law foundation of ontario the information in this video is accurate as of march 1, 2016 this video is dedicated to the memory of lynda roy, 1965-2015