By Charlene Tebbutt

Mom fined for refusing to testify at daughter’s court appearance

Jun 26, 2018 | 5:00 PM

A local woman was recently fined in Prince Albert Provincial Court for refusing to testify in a criminal court matter involving her daughter, in a case that one lawyer said highlighted the importance of participating in the court process.

The 34-year-old woman, who can’t be identified to protect the identity of her young daughter, was fined $390 earlier this month in Prince Albert Provincial Court. The woman pleaded guilty to three charges, including two counts of contempt of court for refusing to give evidence in her daugher’s case.

The woman’s daughter, who is under 18, was charged with assault. The Crown said the two alleged victims in the case received minor injuries in an incident last year, though the charges were later dropped. The mother apologized to the court earlier this month and said that the case involved a family conflict and she didn’t want to testify. A court worker who spoke for the woman said she didn’t realize she could be charged for not attending court as a witness.

Canada’s Criminal Code requires people to testify if they have been subpoenaed by the court. Jay Watson, president of the Saskatchewan Trial Lawyers Association, said only the Crown has the ability to withdraw criminal charges once they are laid and complainants do not.

“Especially assault cases, when they charge somebody with assault, they think that they have the ability then to withdraw that charge should they change their mind,” Watson told paNOW. “Even when the complainant changes their mind, it’s not up to the complainant any longer.”

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People who refuse to testify in court can face a number of sanctions, he said.

“The court has a wide discretion as to how to deal with that, up to and including holding a person in custody until such times as the court can be reconvened and that person can be brought to court to give their testimony,” Watson added. “It’s your butt, so to speak, on the line if you don’t obey a subpoena.”

Criminal court matters are handled by the Public Prosecutions branch of the Saskatchewan Ministry of Justice. In an emailed statement to paNOW, the ministry said witness testimony is “a vital part of the criminal trial process and plays a major part in helping a judge (or jury) determine whether a crime has occurred and, if so, how best to respond.”

The ministry said complainants and witnesses in court matters are encouraged to give a full and accurate statement of events to police and attend court when called to do so.

In another recent case, a charge of attempted murder was dropped against a 25-year-old Prince Albert man after witnesses in the case refused to give evidence in court.

Charlene.tebbutt@jpbg.ca

On Twitter: @CharleneTebbutt