What happens if I have been called to be a witness in a trial?

By Last Updated: March 16, 2022

If you have been called to be a witness in a trial, you may voluntarily agree to attend the trial and give evidence. If you do not voluntarily agree, you may receive a legal notice such as a subpoena or notice to attend trial. If you receive a legal notice to attend trial as a witness, you must comply with the notice. If you fail to comply, the judge may issue a warrant for your arrest. In extreme cases, the judge may order you to be placed in custody to ensure that you attend court.

Bear in mind that if you are a witness at a trial, you cannot refuse to answer a question on the grounds that the answer will incriminate you or reveal your guilt. Canadians have a constitutional right against self-incrimination, so if, while testifying, you say something that incriminates you, that evidence cannot be used against you in any legal proceeding. This protection applies, however, only to what you say while on the witness stand.

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Michael Oykhman

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Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

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