A witness to a criminal offence may be:
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a person who was on the scene during the criminal offence and who saw or heard what happened
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a person who is at the physical place where the criminal offence was committed before a first responder (witness of the intact scene) arrived, such as:
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a police officer
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a peace officer
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a firefighter
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an emergency medical technician from a pre-hospital emergency service
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the parent, partner, dependant, close relation or child of the victim who is at the physical place where the criminal offence was committed, while the victim and a first responder are still there
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a person who is not at the scene when the criminal offence is committed but who is nonetheless a witness because they are in communication with the victim or the person who committed the offence
This communication must meet the following conditions:
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It is done through a technological medium such as a text message.
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It involves an active exchange between the witness and the victim or the person who committed the offence.
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It is done without interruption other than the time required to prepare and send or receive the item following the exchange.
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It allows the witness to see, hear or read about the offence when it is committed.
For criminal offences committed before October 13, 2021
A witness to a criminal offence is a person who was on the scene at the time of the criminal offence and who saw or heard what happened.