The Federal court consists of three levels:

• The Federal Court (trial level)

• The Federal Court of Appeals

• The Supreme Court of Canada

The provincial court system consists of: 

• The provincial or territorial court 

• The Superior Court 

• The Provincial Court of Appeal

The Supreme Court of Canada also acts as the court of last resort on the provincial level. More information can be found on the Canadian Government's "About Canada's System of Justice" page. 

A summary offence is less serious (e.g. causing a disturbance), usually tried in Provincial Court, and carries lower penalties. An indictable offence is more serious (e.g. sexual assault or homicide), often involves a choice of court, and can result in higher penalties. Some offences are hybrid, meaning the Crown decides how they will proceed.

The Crown prosecutor represents the public interest—not the victim. Their role is to present the evidence in court and decide whether to proceed with a charge based on public interest and likelihood of conviction. They do not represent victims.

Victims of crime have specific rights under the Canadian Victims Bill of Rights (CVBR), including:

• The right to information (about the process, case status, offender release)
• The right to participate (such as filing a victim impact statement)
• The right to seek restitution
• The right to apply for protection

However, these rights don’t guarantee specific outcomes (e.g., an arrest or a conviction).

Victims and witnesses can’t "lay" or "drop" charges in Canada — once a case is in the court system, the Crown makes those decisions. While you can tell the Crown you don’t wish to participate or testify, the case may still proceed without you. There can be legal consequences for failing to appear or cooperate after receiving lawful orders, but exceptions and alternatives exist in some cases, especially involving personal safety, trauma, or potential harm.
Justice Pathway can help you navigate this with confidence and explore options such as providing context to the Crown or exploring safety/legal supports.

In most cases, if you're subpoenaed, you’re legally required to attend court and may be expected to answer questions truthfully. However, there are situations where a person might feel unsafe, uncomfortable, or wish not to testify. In some cases, legal advice may help you explore other options, such as raising your personal concerns, requesting testimonial aids, or speaking with the Crown about your situation.
If you feel uncertain or hesitant, you can contact Justice Pathway for support in exploring your rights and options.

Often, yes. Many Canadian courts do allow a support person—especially for young or vulnerable witnesses—though there may be limitations (like not coaching or influencing testimony). If you're unsure of your rights, Justice Pathway can explain what's allowed in your situation and suggest possible supports.

Not always. In some provinces (like British Columbia), Crown prosecutors decide whether charges are laid. In others (like Alberta), police lay charges based on reasonable grounds. Sometimes, after an initial report, charges are not approved due to lack of evidence, public interest, or other factors. That doesn’t necessarily mean the experience wasn’t valid or serious.

A victim impact statement allows victims to explain how a crime has affected them emotionally, physically, financially, or psychologically. It is submitted after a conviction and read (or submitted) during the sentencing phase. It's optional, but many people find it empowering or healing. Others may feel it's retraumatizing or don't wish to participate. Justice Pathway can help you draft one or explain whether submitting one feels right for you.

A bail hearing, or judicial interim release hearing, determines whether an accused person will be detained or released before trial. The judge considers factors such as public safety, likelihood of attending court, and the seriousness of the offence.

A peace bond is a court order requiring someone to keep the peace and abide by certain conditions for up to one year. It can be used in situations where there are safety concerns but not necessarily enough evidence for criminal charges.

Both the Crown and the accused have the right to appeal convictions, acquittals, or sentences. Appeals are generally based on errors of law, not disagreements with a verdict. Appeals go to higher courts and follow strict timelines.

FOIP stands for Freedom of Information and Protection of Privacy. You can request police records, Crown files, or other government-held documents through a formal FOIP request, though some exemptions apply (e.g., if a case is still ongoing).

The timeline can vary widely. Under R. v. Jordan, provincial court cases should generally be completed within 18 months, and superior court cases within 30 months. However, delays still occur due to backlog, complexity, or court availability.

There are various provincial victim services programs, counselling and trauma supports, and sometimes support through police or the Crown. However, many people feel these services are not enough or don’t address emotional, legal, and logistical needs together. That’s where independent services like Justice Pathway can help bridge the gap. Also check out our Helpful Links page for a (non-exhaustive) list.

Once charges have been laid, it’s up to the Crown to decide whether they move forward—not the individual who made the complaint. However, your input matters. If you're feeling pressured, unsafe, or have changed your mind, you can speak to Justice Pathway for help understanding how to communicate this in a way that reflects your wishes and protects your rights.