- What rights do I have?
- What happens if a report is made to the police? Will a Children’s Aid Society be involved?
- What if the crime happened a long time ago?
- Will charges be laid immediately?
- Will I have to appear in court?
- What can I do if the police are refusing to lay a charge?
- What happens if the Children’s Aid Society (CAS) discontinues the investigation?
- Can I sue someone for compensation?
If you are in immediate danger, call 911 or your local emergency services number right away.
If someone has committed a crime against you, you are not alone. Getting help and navigating the legal system can feel overwhelming, but there are services to support you. It is important to take steps to protect yourself and your rights.
A Note on Language: throughout this section we refer to “victims” of crimes because that is the language used in the legal system. If another word such as “survivor” or “target” matches your experience better, let your service providers know which word(s) you prefer.
What rights do I have?
Making a report can be overwhelming. You are not alone – there are various community organizations that can provide you with important information and help connect you to necessary services.
You have the right to report a crime. It is entirely your decision whether or not you choose to report what has happened to you. However, it is often best to report as soon as possible to ensure a more effective investigation. If you choose to report, you are not obligated to take further steps unless you feel comfortable doing so.
If you decide to report a crime, you can contact the police by calling, visiting your local police station, or having someone you trust contact the police on your behalf.
When making a report, you have a right to privacy and confidentiality. However, individuals such as your family, friends, and neighbours, are obligated to report any concerns if there is a good reason to believe a child under 16 is being harmed or might be harmed. This also applies to professionals who work with children, such as teachers, doctors, and social workers, who have a legal duty under section 125 of the Child, Youth and Family Services Act to report any suspicions that a child is, or may be, in need of protection to a Children’s Aid Society (CAS).
In some cases, institutions, like schools or hospitals, are required by policy to report a crime to the police if they believe it is necessary to protect your safety or the safety of others. People who work with children may be charged if they do not report these situations to CAS. Additionally, law enforcement may be informed if an institution reasonably believes that an offence has occurred. However, only the relevant and necessary information for a potential investigation should be disclosed.
Maintaining evidence is a critical step in any criminal investigation. If you are able to, try to keep any evidence of the crime, such as photographs, messages, or any physical items. This evidence can be crucial in proving what happened. Avoid tampering with evidence, and keep it in a safe place.
You have the right to a lawyer before making any statement to the police. A lawyer can help explain your rights and options and guide you through the reporting process. If you cannot afford a lawyer, you may qualify for free legal aid by calling 416-979-1446. You can also make an application at the Legal Aid office at any of the youth courts in Toronto. If you are outside of Toronto, contact Legal Aid by calling 1-800-668-8258.
What happens if a report is made to the police? Will a Children’s Aid Society be involved?
The police’s role when you report a crime is to evaluate whether charges should be laid. The decision to lay charges is at the discretion of the police, although they will take the victim’s input into account. It is important to understand that victims do not have a final say in whether charges are laid. In cases of domestic violence, there is a mandatory charge policy, where if you call 911, even if you do not want to press charges yourself, there may be a mandatory charge requiring the police to place a charge.
When you make a report to the police, you will be asked to provide a statement. A statement is a formal account of the incident. In some cases, only a police officer will take your statement or a police officer and a Children’s Aid Society (CAS) worker may take the statement together. If the report involves a family member or caregiver, a CAS may become involved to investigate further.
What if the crime happened a long time ago?
Please be aware that you can call after the fact – there is no requirement to call right away. Most crimes do not have a time limit for reporting, especially serious crimes (hybrid or indictable offences). Even if a significant amount of time has passed, you can still report the incident.
The statement may be given under oath or recorded on video. Be aware that it is a criminal offence to lie or provide false information during your statement. You can ask to see your statement after the fact. If the situation involves a caregiver or family member, CAS may get involved to investigate further.
Will charges be laid immediately?
In some cases, charges may be laid quickly but more often, police will need time to conduct a thorough investigation before making a decision. This includes gathering more information.
The police may ask for copies of medical records/photos/diaries and personal information. Remember, you have a right to speak with a lawyer before sharing your personal information, especially if you are unsure of your rights or whether you should share it. Making a police report is stressful – you can access supportive services on our website and a more comprehensive list which is sortable by postal code here.
Will I have to appear in court?
As a victim of a crime, you may be requested to come to court to give testimony against the accused in your case.
The Crown Prosecutor or defence counsel may subpoena you so that you must come to court. If you are subpoenaed and you do not go to court, a witness warrant may be issued against you and you can be arrested and brought into court by the police.
If you are testifying, you must tell the truth, or risk being charged with perjury for lying under oath. Importantly, nothing you say while testifying on the stand can be used as evidence against you criminally. Even if you admit in court that you were doing an illegal activity, you can not later be prosecuted because you were forced (subpoenaed) to go to court that day and answer questions about the incident. You have the right to speak to a lawyer before going to court to testify.
What can I do if the police are refusing to lay a charge?
If you believe that someone has committed a crime and the police have decided not to lay charges after an investigation, or have chosen not to investigate at all, you may apply for a private prosecution. This process allows an individual to ask the court to charge the person they believe is responsible for the crime.
To apply for a private prosecution, the following conditions must be met:
- Both you and the person you believe committed the crime must reside in Ontario,
- The alleged crime must have occurred in Ontario, and
- The police must not have laid charges for the crime.
If you believe the police acted improperly by not laying charges, you may file a complaint with the Law Enforcement Complaints Agency as another course of action.
What happens if the Children’s Aid Society (CAS) discontinues the investigation?
If CAS decides to discontinue their investigation, you have the option to appeal the decision or seek further legal guidance. You can refer to our Going into Care section of our website for more information on what happens next and how to navigate the process.
Can I sue someone for compensation?
Yes, you can sue someone that hurt you in civil court. Superior court claims are for damages over $50,000. Small claims court, for claims under $50,000, provides a simplified procedure you to make a legal action against somebody who harmed you. For more information, see the Small Claims Court section.
