 the principle of accessibility by witnesses is important, however, there is sufficient evidence to suggest that some measures should be taken. Information such as that presented above should continue to be gathered, through formal research if the problems require careful methodologies, and through systematically documented community consultation methods. Programs to encourage members of minorities to come forward as witnesses should take into account the range of barriers to witnesses, especially those rooted in community social structure and culture.
At the same time, sensitization programs might be directed
at justice system officials. The development of these
programs should consider the range of factors which
constitute barriers to access the justice system as
witnesses -- linguistic, informational, and those reflecting
cultural and social structural aspects of minority
In his discussion of discretionary treatment by both police and Crown attorneys, Etherington cites problems on dealing with victims.<159> Brodeur suggests that if there are conflicts between minority communities and the police, the police may be less enthusiastic in responding to calls.<160>
Crown attorneys play a critical role in assuring that minority victims and witnesses are treated with sensitivity and dignity.<161< According to Toronto bail court workers, largely because of the pace of activity in the courts, Crown attorneys and other court officials can easily fail to take into account the needs of victims and witnesses.<162> In his review, Etherington cites a study by the Law Reform Commission of Canada which recommends that specific guidelines be put in place to assure that Crown prosecutors take the following measures in dealing with victims and witnesses:
* the accusation of criminal conduct made by a minority complainant must be taken seriously and acted on appropriately;
* there must be methods and materials developed to explain the trial process to victim/witnesses;
* careful attention must be directed toward whether or not the complainant needs an interpreter, and interpretation services must be provided expeditiously; and
* where required, complainants must be provided with assistance in attending trial to give evidence in court.<163>
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