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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3567
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I was a witness to a crime, and made a statement. Its been

Customer Question

I was a witness to a crime, and made a statement. Its been said the statement is a KGB statement. I am not understanding what that really means. Some Clarification on that would be great.
Also, am I required to provide and disclose my medical documents in court? I suffer from mental illness, that wreaks havoc on my day to day life.
I ask because I'm recanting my statement for this reason
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
I was not of sound state of mind when giving this statement. I had been using drugs, hadn't ate in days, hadn't slept in days. For nearly an entire 6 weeks,
I lived my life like that. Then add in the constant arguing, fighting, mind games, lying, cheating, and manipulating that happened in this time frame as well. I was under duress at the time of this statement was given.
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question

Is there any evidence that the statement made at the time was made by you when you weren't yourself? If you've changed your story since the statement was made you need to show that it was unreliable at the time. The crown needs to show that it was reliable, and is necessary to make its case. if they can show that then they can enter it as independent evidence.

Customer: replied 1 year ago.
There isn't any real evidence as such
That could prove or disprove that. The only thing that really comes to mind is the fact that my work became involved due to the drug use and all the other issues mentioned above that came with this. I was given an ultimatum.
Customer: replied 1 year ago.
I now take several medications and go to a psychologist once a week. Shes trying to get me in with her twice a week now. Is a character statement, written by a close friend, anything that will stand in court. Or even some sort of letter from work? Or my therapist??? I worry, if they put me on the stand I don't believe I can give them the same story again.
Customer: replied 1 year ago.
I have not changed my story at this point. I'm wanting to recant what's been said and draft an affidavit. If
That's the proper procedure
Expert:  Ulysses101 replied 1 year ago.

I'm back. Sorry I've been away since last night but I'm back now.

Yes, you can "clarify" your statement by way of an affidavit and submit it. But that can be dicey. Your affidavit is of course sworn to be true, so while it trumps a KGB statement in many ways, you have to stick to the facts of the affidavit or else you'll be perjuring yourself.

I don't recommend that you do this without a lawyer. You could contact the accused's lawyer for help getting started, or for a referral for a lawyer of your own. While there might be an order to have no contact with the victim or with the accused, you certainly talk to the accused's lawyer.

A report from your doctor, counsellor, or therapist about a diagnosis for you would be helpful too. You aren't required to provide your medical history in court, although you might want to present something (if there's a trial) about your mental health. Doing so will open you up to cross examination by the crown of course. And the crown can subpoena your records or your doctors if it feels necessary.

I don't know what the charges are, or whether you are in fact the accused (I'm assuming not). If you're not the accused I would be surprised if the crown called a lot of evidence about you. If your KGB statement is its best evidence then the crown probably doesn't have enough to convict and they should cut a deal with the accused or withdraw the charges altogether, but that analysis and negotiation is up to the accused's lawyer not you.

I understand that your employment is in jeopardy perhaps, and whatever comes out at trial will technically be public and available to your employer too, so if you have drug use and mental health issues then getting more involved in the matter could have ramifications for you. I really think that you need a lawyer of your own.

Anything else to discuss?

Expert:  Ulysses101 replied 1 year ago.

I'm just checking in to see if you've read what I wrote to you and if it was helpful.

I'm here if you wish to discuss it further. If I've answered you fully, may I have a positive service rating please? That's how I get credit from the site for helping its customers.


Customer: replied 1 year ago.
Hi. Sorry for the delay. Thank you for that information. I will move forward with an affidavit. I've contacted lawyers and they tell me I don't need one. Perhaps I was unclear, although I felt I wasn't, with what I was actually requiring.
I just need it to be clear to the crown, the mental state I was in (all due to the excessive drug use crystal meth to be exact, lack of sleep, not eating and all the emotional stress I was under ) in the days and weeks leading up to and including this event.
Expert:  Ulysses101 replied 1 year ago.

Yes, an affidavit to the crown isn't necessary. But it'll give the crown advance notice that you're not going to be a co-operative witness, which should lead to a negotiated plea or settlement so that you won't have to testify at all, which is presumably what you want.

I'm still assuming that you're not the accused here.

I'm glad that you've spoken to other lawyers, it's good to get information from different sources. But advice you should take from only one trusted source. Perhaps one of those lawyers will assist you with the affidavit; you don't want to swear in the affidavit much that is totally contrary to your earlier statement, or you're risking getting charged yourself. You have to tread carefully.

Anything else to discuss?

Customer: replied 1 year ago.
I was going to draft up an affidavit on my own and hand it in at the court house. Are you suggesting against that?
Customer: replied 1 year ago.
correct, I am not the accused and I'm not the victim. Just the witness
Expert:  Ulysses101 replied 1 year ago.

Not at all, I think that would be a good thing. But I think you should have a good criminal lawyer review it to reduce the odds that the crown will come after you for changing your story.

You don't need to exonerate the accused, just put some doubt in the mind of the Crown that you'll be a useful witness. Don't go overboard. A criminal lawyer can help you tread that fine line.

Does that make sense?

Customer: replied 1 year ago.
it absolutely does. Thanks so much for your help.
Expert:  Ulysses101 replied 1 year ago.

You're very welcome. I'm very glad to help.

May I have a positive service rating please? Ratings are how I get credit from the site for helping its customers.

Good luck.


Expert:  Ulysses101 replied 1 year ago.

Our question thread is still open, is there more you wanted to discuss? Did you get a criminal lawyer to help you with your matter?