In Ontario, once someone is charged with domestic assault or related offences, the case is taken over by the Crown Attorney—a government lawyer who prosecutes criminal cases on behalf of the public.

Whether you're the accused, the victim, or a witness, understanding the Crown’s role is essential to navigating the legal process.

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The Crown Attorney:

• Reviews the police evidence and witness statements

• Decides whether the case will proceed or be withdrawn

• Represents the government in court

• Makes recommendations on bail, sentencing, and diversion

• Cannot take instructions from the victim but may consider their wishes

📌 The Crown represents the public interest, not the individual complainant.

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Yes. You may meet with the Crown before trial through:

• A Victim/Witness Assistance Program (VWAP) worker

• A scheduled pre-trial meeting or court support session

Not necessarily. Domestic violence cases in Ontario follow a "pro-prosecution" policy, meaning:

• The Crown decides whether to proceed—not the victim

• Charges are rarely withdrawn unless evidence is clearly insufficient

⚠️ If you recant your statement, you may be called as a hostile witness and compelled to testify.

• VWAP workers can help explain the process, accompany you to court, and keep you informed

• Safety planning and restraining orders may also be discussed with the Crown’s team

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No, not directly—unless:

• You represent yourself in court

• Or your lawyer or duty counsel speaks on your behalf

The Crown will review:

• Whether there is a reasonable prospect of conviction

• Whether public interest requires prosecution

Yes, in many cases. The Crown may offer:

• A plea to a lesser charge

• A peace bond in exchange for withdrawal of charges

• Diversion programs (e.g. Partner Assault Response Program)

It’s important to speak with a criminal defence lawyer before accepting any offer.

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VWAP staff work with the Crown to support survivors by:

• Explaining court orders and bail conditions

• Coordinating court dates

• Providing emotional support and referrals

• Arranging meetings with the Crown before hearings

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• ✅ The Crown decides whether charges proceed—not the victim

• ✅ Victims may speak to the Crown (via VWAP) but cannot demand withdrawal

• ✅ The accused may communicate through a lawyer or duty counsel

• ✅ The Crown can offer diversion, peace bonds, or plea deals

• ✅ VWAP provides communication support between survivors and the Crown

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• Victim Support Line (Ontario) – 1-888-579-2888

• Legal Aid Ontario – 1-800-668-8258

• Duty Counsel at the courthouse – Free legal advice

• Community Legal Clinics – Guidance on criminal procedure

• VWAP Office Directory – Available at most criminal courthouses

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The Crown Attorney is a government lawyer who prosecutes the case on behalf of the public or the "State." They do not work for the victim/complainant.

You can tell the Crown your wishes, but the final decision is theirs alone. In Ontario, there is a strong "pro-prosecution" policy for domestic violence, meaning the Crown will likely continue the case if there is enough evidence, even if you want to reconcile with your partner.

VWAP is a government program that supports victims and witnesses through the criminal court process. Your VWAP worker is your main link to the Crown's office. They provide updates on your case, explain court procedures, help you prepare to testify, and connect you with other support services.

If you recant (take back) your original statement, the Crown may still proceed with the case using other evidence (like the 911 call or photos). A Crown Attorney can also issue a subpoena, which is a court order compelling you to come to court and testify. Refusing to testify after being subpoenaed can have serious legal consequences.

The Partner Assault Response (PARs) Program is a specialized counselling program for people who have used violence in their relationships. As part of a plea deal or a sentence, a Crown Attorney will often require the accused person to complete the 12-week PARs program.

No. It is highly advisable that all your communication with the Crown's office be handled by your criminal defence lawyer or duty counsel. Your lawyer understands the legal process and can negotiate on your behalf to achieve the best possible outcome.