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
