“An Awkward Couple”: Examining the relationship between vulnerable witnesses and the Canadian criminal justice system

This thesis explored strengths and weaknesses surrounding the Canadian criminal justice system (CJS) and vulnerable witnesses. Literature and case studies typically focus on the negative relationship between the courts and witnesses. Though special measures have been introduced and utilized within the adversarial system, the results indicate a gap in efficacy, specifically with vulnerable witnesses’. Interviews were conducted with vulnerable witness and stakeholders in the CJS and students were surveyed. Professionals who worked with vulnerable witnesses emphasized their dissatisfaction with the justice process. Fifteen interviews with criminal justice personnel who worked with vulnerable witnesses, and a vulnerable witness, together with a survey of nineteen undergraduate students were conducted. Consistent with previous research, the current study found that more assistance throughout the process is needed. Findings suggest that a better understanding of ‘vulnerability’ may lead to better treatment of vulnerable witnesses and enhance their ability to provide their “best evidence” in court.