In Toronto, a victim cannot simply “retract” a statement or “drop the charges” in an assault case. Once the police lay charges, only the Crown Attorney has the legal authority to withdraw them. However, a complainant can express their wishes to not proceed by working with the Victim Witness Assistance Program (VWAP).
Understanding How Assault Charges Work in Ontario
When an argument escalates in a Toronto home or at a local bar, someone often calls the police in the heat of the moment 📞. Many people mistakenly believe that the person who made the 911 call is the one “pressing charges,” and therefore, they can simply call the police the next day to take the statement back. In Canada, this is a massive legal misconception .
Under the Criminal Code of Canada, crimes are considered offences against the state, not just against the individual victim 📄. When Toronto Police arrive and find evidence of an assault, they lay the charge on behalf of the public. From that moment forward, the Crown Attorney takes over the prosecution. Under Directive D. 23 (Intimate Partner Violence) of the Ontario Crown Prosecution Manual, prosecutors are bound to a strict, proactive prosecution approach (“pro-prosecution approach”). This guideline severely restricts their ability to withdraw domestic charges simply because the complainant wants to drop them, ensuring the state prioritizes public safety over individual requests .
Step-by-Step Process in Toronto
If you gave a statement to police in Scarborough, Etobicoke, or downtown Toronto and now wish you hadn’t, navigating the justice system requires careful steps 📍. You must be very careful not to accidentally commit a new offence like public mischief or perjury .
Step 1: Contact the Victim Witness Assistance Program (VWAP)
The safest and most appropriate first step is to communicate with VWAP 👥. This is a free government service located inside Ontario courthouses, centrally coordinated at the New Toronto Courthouse (Toronto Region Ontario Court of Justice – OCJ-T) at 10 Armoury Street (following the consolidation and closure of older sites like College Park). A VWAP worker acts as a bridge between you and the Crown Attorney. You can explain to VWAP that you have reconciled with the accused, or that you do not want to testify, and they will pass this critical information to the prosecutor .
Step 2: Obtain Independent Legal Advice (ILA)
Before you ever try to tell the Crown Attorney that you “lied” or “exaggerated” in your original police statement, you should speak to your own lawyer 💼. Changing your story drastically can expose you to criminal charges for public mischief (wasting police time) or perjury. A Toronto criminal defence lawyer providing ILA can advise you on how to safely communicate your current wishes without incriminating yourself .
Step 3: The Crown Attorney’s Review
The Crown Attorney will review your input from VWAP alongside the police evidence 📁. If your original statement was recorded on video (a KGB statement) or if there are photographs of injuries, the Crown might proceed to trial anyway. However, if your participation is absolutely essential to prove the case and you are an uncooperative witness, the Crown might realize there is no reasonable prospect of conviction and withdraw the charge .
Step 4: Bail Variations, PAR, and Peace Bonds
Often, the accused is released with strict bail conditions preventing them from contacting you 🚫. If you want to resume contact, the accused’s defence lawyer must apply for a bail variation. To resolve the charges without a trial, the Crown typically requires the accused to enroll in and successfully complete the 12-week Partner Assault Response (PAR) program. Under standard Toronto prosecution policies, completing this specialized course is almost always a mandatory prerequisite before the Crown will agree to withdraw the formal domestic assault charges in exchange for a Section 810 Peace Bond .
How Much Does it Cost in Toronto?
Managing the fallout of an assault charge involves various legal resources, but services for the complainant are usually accessible 💵.
| Service | Estimated Cost in CAD | Who Uses This? |
|---|---|---|
| Victim Witness Assistance Program (VWAP) | Free | The Complainant / Victim |
| Independent Legal Advice (ILA) | $300 – $800 | The Complainant (to avoid mischief charges) |
| Criminal Defence Lawyer | $3,500 – $10,000+ | The Accused (to fight the assault charge) |
- Legal Aid Ontario: If the complainant is experiencing domestic violence, they may qualify for a free two-hour consultation with a lawyer through the Family Violence Authorization Program.
- Bail Variation Costs: The accused’s lawyer will generally charge a block fee of roughly $1,000 to $2,500 CAD just to negotiate and process a bail variation to allow the couple to communicate again.
How Long Does the Process Take?
The legal system moves slowly, and you must be patient ⌛. Modifying bail conditions to allow a couple to speak again can take anywhere from 2 to 6 weeks. For the Crown Attorney to fully review the case, read your VWAP input, and formally withdraw an assault charge or offer a Peace Bond, the process typically takes 3 to 8 months in the backlogged Toronto Ontario Court of Justice system .
Frequently Asked Questions (FAQ)
Can I just refuse to show up to court?
If you receive a formal subpoena to testify, you are legally required to attend court. Failing to show up can result in the judge issuing a material witness warrant for your arrest. You must attend, even if you plan to tell the Crown you do not want to testify.
What happens if I tell the police I lied in my first statement?
This is extremely risky. If you admit to making up a false allegation, the Toronto Police can charge you with public mischief or obstructing justice. Always seek Independent Legal Advice (ILA) before changing your official story.
Can the accused’s lawyer contact me directly?
Generally, it is frowned upon for a defence lawyer to directly interview the complainant in a domestic assault case without strict precautions, and they cannot give you legal advice. Communication is usually best handled through the Crown or your own ILA lawyer.
If the charges are dropped, does the accused get a criminal record?
No. If the Crown Attorney formally withdraws the assault charge, or if the case resolves with a Peace Bond, the accused will not receive a criminal conviction on their record. However, the initial arrest will still appear on sensitive police background checks unless they apply to have their fingerprints destroyed.
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