Find out about the court process

If an accused enters a plea of not-guilty to some or to all the charges, a trial will occur on those specific charges.

The trial may take place in the Territorial Court or the Supreme Court. The trial process is similar in both.

Calling witnesses

The crown prosecutor and defence lawyer will call witnesses to testify at the trial. 

The crown prosecutor's role is to bring evidence to the court to prove that the accused committed the crime. They do this by calling witnesses such as:

• the police;
• the victim; and
• any other people who witnessed the crime or can provide relevant evidence.

The accused’s lawyer (the defence lawyer) may or may not call witnesses, including the accused. All the witnesses called by the crown prosecutor can be cross-examined by the defence lawyer.

Victim’s role at the trial

The victim does not have or need a lawyer in a criminal justice case. The Crown is not the victim’s lawyer, but works for the government and acts on behalf of the public.

A victim can get legal advice before reporting a crime or before testifying. Their lawyer cannot represent them at the trial. 

Testifying

You will receive a subpoena that will tell you when you need to be in court to testify.

If you are a victim, you may be concerned about being cross-examined by the defence lawyer. It can be an emotional and challenging experience.

The accused has the legal right to defend the charges against them. So, the accused's lawyer needs to be able to ask you questions.

Victim Service workers can help prepare you for what it might be like to testify. Victim Service workers work with the crown prosecutor and crown witness coordinators who can prepare you to:

• provide evidence; and
• be cross-examined at trial.

Finding of guilty or not-guilty

Both the crown prosecutor and defence lawyer will summarize their cases at the end of the trial. The judge or jury will then decide if the accused is guilty or not-guilty.

If the accused is found guilty of some or all their charges, there will be a sentencing hearing.

If the accused is found not-guilty of all charges:

• any conditions on the accused will be removed; and
• the accused will be free to leave the courtroom.

Appeal process

An appeal can be filed with a higher court by the:

• crown prosecutor; or
• defence lawyer.

They can file an appeal if they think that the judge or jury made a mistake, in law or fact after:

• decision at trial;
• sentencing; or
• both.

Community Wellness Court

The Yukon Community Wellness Court (CWC) is a therapeutic court.

The court supports people with:

• addictions;
• mental health problems; and/or
• Fetal Alcohol Spectrum Disorder (FASD).

A team of professionals and community supports helps the offenders develop and follow a holistic wellness plan.

The offender must plead guilty and choose to go through this therapeutic court. The crown may consider victim input in this court.

To learn more, visit the Community Wellness Court site.

Domestic Violence Treatment Options (DVTO) Court

There is also a court for offenders who've committed domestic violence.

Learn about Domestic Violence Treatment Option.

For offenders between 12 and 17 years old, the case will go into the youth criminal justice system. If it's a serious and violent offence, the Crown can apply to have the youth tried in adult court.

Youth Criminal Justice Act (YCJA)

Under this Act, police and the Crown have options for how to proceed with a youth suspected of committing a crime.

Extrajudicial measure

• Includes informal measures such as warnings, cautions, and referrals.
• Keeps youth accountable without involving the courts.
• Can be adequate to hold 1st-time, non-violent offenders accountable.

Extrajudicial sanction

This is also called a "diversion" and is:

• applied through more formal programs;
• used when more informal measures are not enough to hold a youth accountable; and
• used when the young person accepts responsibility for the crime.

Judicial measure

This is a formal court proceeding. In court, the young person may plead:

• guilty, in which case they will be sentenced; or
• not-guilty, in which case the matter will go to trial.

At trial:

1. Each side presents its case before a Youth Court judge.
2. The judge will decide whether there's proof beyond a reasonable doubt that the you committed the offence.
3. If a young person pleads guilty or is found guilty, judges will sentence the youth to hold them accountable. Learn about sentencing options for youth.

Victim's rights under the Youth Criminal Justice Act (YCJA)

Under the YCJA, a victim should have:

• access to information about relevant justice processes; and
• be given opportunities to participate.

For example, a victim may:

• learn the identity of the young person accused of the crime, although by law this information may not be published or shared with others;
• be informed about the court process;
• be informed about extrajudicial sanctions;
• testify during the youth’s trial;
• provide input to Victim Services for the Youth Justice Panel; and
• prepare a victim impact statement on the harmful effects of the crime, which is shared with the court before sentencing.

To learn more

• Contact Victim Services 
• Visit Yukon Youth Justice

A sentence is the court-ordered consequence for being convicted of a crime. When an offender pleads guilty or is found guilty of a crime, a judge decides what the sentence should be.

Victim's rights in sentencing

The victim has the right to write a victim impact statement for the judge to consider in their sentencing.

• Complete a victim impact statement
• Complete a community impact statement

The victim can attend the sentencing hearing. Victim Services can go with the victim to the sentencing and can help explain the procedures.

The victim has the right to information after a sentencing. They can:

• get information about the sentence;
• get information about any jail time or probation ordered; and
• be informed of the accused's status in jail and their release date.

Find out about victims' rights.

Probation is not a territorial responsibility. Parole will only apply when an offender is sent to a federal facility outside of the Yukon.

Probation

Probation officers supervise adult offenders who are subject to certain conditions. Youth Probation Services supervise youth offenders.

• A probation order is 1 of many court orders that a judge can impose.
• A probation order is usually imposed instead of a jail term.
• A sentence can combine jail time and probation.

A variety of conditions are usually attached to the probation order. These can include:

• curfew;
• no contact with a victim;
• abstain from alcohol and drugs; and
• regular check-in with a probation officer.

Probation officers ensure offenders follow their conditions.

To learn more about probation, visit Yukon Community Corrections.

Victims' concerns

Victims can express their concerns:

• at the sentencing hearing by completing a victim impact statement; and
• during the probation, to Victim Services or to a probation officer;

If you know an offender is breaking a condition of their probation order, you should immediately contact:

• RCMP
  • in Whitehorse phone 667-5555; and
  • in other communities dial the 3 number prefix followed by 5555.
• Yukon Community Corrections
  • Email: adultprobation@yukon.ca
  • Phone: 867-667-5231, toll free in the Yukon 1-800-661-0408, extension 5231.

Youth probation

Offenders between the ages of 12 and 17, may be supervised through programs such as:

• extrajudicial sanctions;
• probation;
• community court orders; and
• custody and community supervision orders.

Youth probation is provided by:

• Youth Probation Services in Whitehorse; and
• regional social workers in communities.

Visit Youth Justice for more information.

Parole

National Parole Board oversees parole. It's only applied to jail sentences over 2 years when the offender is sent to a federal facility. Parole may be granted after the offender has served a part of their sentence.

An offender who is granted parole may:

• live in the community, but under supervision; and
• be subject to certain conditions until their sentence is completed.

Parole can include day parole, full parole or statutory release.

Breach of parole conditions

If you know an offender is breaking a condition of their parole, you should contact immediately:

• RCMP
  • in Whitehorse phone 667-5555; and
  • in other communities dial the 3 number prefix followed by 5555.
• Parole officers at 1-866-806-2275

Learn more about parole, visit Correctional Service Canada, Parole and Community Corrections.

Victims and parole hearings

1. The Parole Board must notify victims of parole hearings.
   • A victim must apply for victim status before the Parole Board is able to provide notification.
2. The Parole Board may seek statements from victims when considering a parole decision.
3. A victim can make a victim impact statement at a parole hearing.

Victims notification – federal system and parole

The victim can ask to be kept informed of changes such as:

• an offender’s move from one institution to another;
• the grant of a conditional release;
• the release date, destination and conditions of release (usually 14 days before the release); and
• a current photo of the offender at the time of certain releases, or at the end of the offender's sentence.

Read a complete list of notification information.

To find out more, visit Information for Victim of Correctional Service Canada.