Hearing the Voices of Children in Canada’s Criminal Justice System: Recognising Capacity and Facilitating Testimony

25 Pages Posted: 6 Oct 2011

See all articles by Nicholas Bala

Nicholas Bala

Queen's University - Faculty of Law

Angela Evans

University of Toronto

Emily Bala

affiliation not provided to SSRN

Date Written: October 6, 2011

Abstract

This paper reviews common law and statutory developments in the treatment of children as witnesses in Canada’s criminal justice system, where children who are victims of abuse testify with increasing frequency. Historically, children were regarded as inherently unreliable witnesses, and there were no provisions to accommodate their needs and vulnerabilities; this treatment by the justice system contributed to the abuse and exploitation of children. Reflecting a growing body of research on child development, and a better understanding of the effects of the court process on children, over the past quarter century there have been substantial reforms in the law and the administration of justice. The law now better reflects what is known about the competency of child witnesses, as well as about their vulnerabilities. The paper includes a review of legislation and leading precedents, and a summary of the responses of Canadian judges to a survey about the most recent legislative reforms. The case law and survey reveal that judges are generally supportive of the reforms.

Keywords: Canada, children as witnesses, abuse, child development, competency,

Suggested Citation

Bala, Nicholas C. and Evans, Angela and Bala, Emily, Hearing the Voices of Children in Canada’s Criminal Justice System: Recognising Capacity and Facilitating Testimony (October 6, 2011). Child and Family Law Quarterly, Vol. 22, No. 1, pp. 21-45, 2010, Available at SSRN: https://ssrn.com/abstract=1939932

Nicholas C. Bala (Contact Author)

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada
613-533-6000 ext 7-4275 (Phone)
613-533-6509 (Fax)

Angela Evans

University of Toronto

105 St George Street
Toronto, Ontario M5S 3G8
Canada

Emily Bala

affiliation not provided to SSRN

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