Complainant
The complainant in a Canadian criminal case is the person alleged to have been the victim of the offence. The term is preferred over "victim" in pre-conviction usage because it preserves the presumption of innocence — until conviction, no court has determined that an offence actually occurred. Many statutory provisions, including the rules around publication bans and disclosure of third-party records in sexual offence cases, use the term "complainant."
Mass Tsang's criminal lawyers handle cases at every stage where complainant dynamics are central — domestic, sexual, harassment, and threats matters in particular.
Complainant vs. Crown
The complainant is not a party to the prosecution. The case is between the Crown and the accused — "R. v. Smith," for example. The Crown attorney prosecutes on behalf of the public, not on behalf of the complainant. Complainants do not have the authority to withdraw charges or direct the prosecution; the Crown alone decides whether to proceed, what to seek, and whether to resolve. Complainant wishes are a factor — particularly in domestic and sexual offence files — but they do not control.
Complainant rights
The Canadian Victims Bill of Rights gives complainants certain rights: to information about the case, to protection from intimidation and retaliation, to participation through victim impact statements, and to restitution in appropriate cases. Specific procedural protections apply in sexual offence cases — most importantly, mandatory publication bans on identity under section 486.4 and tight regulation of third-party records under the Mills regime.
Complainants as witnesses
In most prosecutions, the complainant is also the Crown's key witness. They will testify, often be cross-examined, and have their account tested against other evidence. Cross-examination of a complainant — particularly in sexual offence cases — is tightly regulated by section 276 (the "rape shield" provisions) and the Mills regime. Defence counsel must navigate these provisions carefully.
Recanting complainants
Where a complainant later expresses a desire to recant or withdraw, the Crown will assess the strength of its remaining evidence and decide whether to proceed. Recantation can lead to withdrawal, peace bond resolutions, or — in domestic-violence files — a more determined Crown push to proceed despite the recantation. Each case is different.
Related glossary terms
Check Mass Tsang's sexual assault lawyers
Check our blog post on being accused of sexual assault in Toronto
