Criminal Code

Marginal note:Support person or animal — witnesses under 18 or who have a disability

• 486.1 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

• Marginal note:Victims — certain offences

  (1.1) In any proceedings against an accused in respect of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

• Marginal note:Inquiry by court

  (1.2) If an application for an order under subsection (1) or (1.1) is not made, the judge or justice shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.

• Marginal note:Other witnesses

  (2) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.

• Marginal note:Application

  (2.1) An application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

• Marginal note:Factors to be considered

  (3) In determining whether to make an order under subsection (2), the judge or justice shall consider

  • (a) the age of the witness;

  • (b) the witness’ mental or physical disabilities, if any;

  • (c) the nature of the offence;

  • (d) the nature of any relationship between the witness and the accused;

  • (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

  • (f) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and

  • (g) any other factor that the judge or justice considers relevant.

• Marginal note:Witness not to be a support person

  (4) The judge or justice shall not permit a witness to be a support person unless the judge or justice is of the opinion that doing so is necessary for the proper administration of justice.

• Marginal note:No communication while testifying

  (5) The judge or justice may order that the support person and the witness not communicate with each other while the witness testifies.

• Marginal note:No adverse inference

  (6) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.

• Marginal note:Written reasons

  (7) If the judge or justice does not make an order under this section, the judge or justice shall include the reasons for their decision, in writing, in the record.