Giving Evidence in Court: Lessons 2026

Lesson 1: Why guards go to court

Security guards are often witnesses. You may have seen a theft, made an arrest, protected a scene or written a report. Months or even years later, you may be asked to tell a court what happened. Your evidence can help a court reach a fair decision, but only if it is honest, clear and accurate.

You might be a witness in a criminal case (for example theft or assault), a provincial offence case (for example trespass), or a civil case (for example a lawsuit after an injury on a property).

The subpoena

A subpoena is a court order that requires you to attend as a witness. It gives the date, time and place. Read it carefully, tell your employer, and keep it with you. If you cannot attend, contact the office that sent it right away. Under section 708 of the Criminal Code, a person who is legally required to attend and fails to do so without lawful excuse is in contempt of court and can be fined up to $100, jailed up to 90 days, or both.

People in the courtroom

Person	Role
Judge	Runs the courtroom, decides questions of law and, without a jury, decides the case
Crown prosecutor	Presents the case against the accused in a criminal case
Defence lawyer	Represents the accused person and tests the Crown's evidence
Accused	The person charged with the offence
Court clerk	Handles exhibits and records and swears in or affirms witnesses
Witness	Tells the court facts they saw, heard or did

Lesson 2: Getting ready

Good testimony starts with good notes. Before court, read your own notebook entries and incident reports about the event. If the Crown's office contacts you, meet or speak with them; they may explain what to expect. Never read other witnesses' statements to make your story match. Your evidence must be your own memory.

Find the courthouse and courtroom in advance, and plan to arrive early.
Dress neatly and conservatively. Some employers or prosecutors ask guards to wear uniform; ask if you are unsure.
Bring your subpoena, your notebook and any reports you have been asked to bring.
Turn off your phone in the courtroom.
Do not bring evidence items from the site yourself unless police or the Crown ask you to.

While you wait

The judge may order that witnesses be excluded. That means you wait outside the courtroom until you are called, so you cannot hear other witnesses and adjust your own evidence. Do not discuss your evidence with other witnesses while you wait, even friendly co-workers. Talking can change what people remember and can make a court doubt both of you.

Lesson 3: The oath, the affirmation and honesty

Before you testify, you promise to tell the truth. You can swear an oath, often on a religious book, or make a solemn affirmation, which is a non-religious promise. An affirmation has the same legal effect as an oath. Tell the court clerk which one you prefer.

Lying in court is a serious crime. Under section 131 of the Criminal Code, perjury means knowingly making a false statement under oath or affirmation, intending to mislead. Section 132 sets a maximum of 14 years in prison. An honest mistake is not perjury, but you should correct it as soon as you notice.

Section 13 of the Canadian Charter of Rights and Freedoms protects witnesses: testimony you give cannot be used to incriminate you in other proceedings. The exception is a prosecution for perjury or for giving contradictory evidence.

Lesson 4: How questioning works

Questioning happens in stages. Knowing them helps you stay calm.

Stage	Who asks	What to expect
Examination in chief	The side that called you (often the Crown)	Open questions such as "What did you see next?" Leading questions are generally not allowed, except for simple matters like your name or the date
Cross-examination	The other side (often the defence)	Leading questions are usually allowed. The lawyer may point out contradictions, gaps in memory or possible bias
Re-examination	The side that called you	Questions about new issues raised during cross-examination

Cross-examination is not a personal attack. It is how the court tests evidence. A defence lawyer may ask about your notes, your view of the scene, how long ago it was, or why your report does not mention a detail. Answer each question calmly and truthfully.

Addressing the judge

Forms of address differ by court and province. For example, the Provincial Court of British Columbia asks people to call its judges "Your Honour", while the Supreme Court of British Columbia asks people to refer to the judge as "Justice" followed by the last name. If you are unsure, ask the Crown or the court clerk before you go in.

Lesson 5: Giving clear, honest answers

Listen to the whole question.
Pause and think before you answer.
Answer only the question asked, in plain words.
Speak toward the judge (or jury), clearly and loudly enough for everyone to hear.
Stop when you have answered.

Give facts you saw, heard or did. Do not guess or give opinions about why someone did something.
If you do not understand a question, ask for it to be repeated or rephrased.
If you do not remember, say "I don't remember". Do not guess.
If you made a mistake, tell the court and correct it right away.
Stay calm and polite, even if a lawyer sounds angry. Do not argue.

Using your notes

With the judge's permission, you may look at your notes to refresh your memory. Courts prefer notes made close to the event, while your memory was fresh. Ask first: "Your Honour, may I refer to my notes?" The lawyers may also look at your notes and ask about them, so they must be accurate and complete.

Notes that can help you in court have the same basic parts.

The date.
The time of each entry.
The location.
The facts: what you saw, heard and did.
Your signature.