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Making it Easier for Young Victims and Witnesses to TestifyAre there any special protections available for young victims and witnesses who testify in criminal court? Canadian criminal law recognizes that participating in the criminal justice system can be very frightening for young victims and witnesses. The Criminal Code contains a number of provisions to make it easier for young victims and witnesses under 18 to provide their testimony:
How do victims and witnesses under eighteen years receive these protections? The young victim or witness or the Crown attorney can ask the presiding judge for these special measures before or at any time during the court proceedings. The judge must grant these protections unless the judge believes it would interfere with the proper administration of justice for example, by affecting the rights of the accused person to a fair trial. Can the accused person object to the use of any of these measures? The Criminal Code provisions are intended to improve the experience of young victims and witnesses who testify while fully protecting the rights of accused persons. In some cases, judges may deny or limit the use of these special protections in order to ensure the rights of the accused person are not infringed. Are these protections new? The Criminal Code has included provisions to assist young victims and witnesses in providing their testimony since 1988. These provisions were most recently amended in 2006 to make it easier for young victims and witnesses to benefit from these protections by:
Are there any other improvements to Canadian law to make it easier for young victims and witnesses to testify? The Canada Evidence Act has also been amended to allow young witnesses under the age of 14 who can understand and respond to questions to testify on a promise to tell the truth. Young witnesses under the age of 14 will be presumed to have the capacity to testify. These changes will eliminate the mandatory competency and oath inquiries which were found to cause child witnesses increased trauma. Where is more information available? If you or someone you know has been a victim of crime, help is available. All provinces and territories have services for victims of crime. They can help if you need information or other assistance. For more information about Canada’s justice system and links to victim services, visit our website: http://canada.justice.gc.ca/victim Policy Centre for Victim Issues Fax: (613) 952-1110 |
Last Updated: 2006-10-13 | Important Notices |