Child witnesses in the Canadian criminal courts - Recognizing their capacities and needs

Until the late 1980s, the Canadian legal system viewed children as inherently unreliable and made little effort to accommodate them. Legislation enacted in 1988 (S.C. 1987 c. 24) permits children to testify without being sworn if they have the "ability to communicate" on "promising to tell the truth." A child may testify from behind a screen or via closed circuit television if this is "necessary to get a full and candid account of the acts complained of" and videotapes of an investigative interview may be played in court if the child "adopts" the contents when testifying. Judges have also changed the common law rules that affect criminal prosecutions when children are witnesses; for example, a child's out-of-court statements may be admitted if this is "necessary" and the statements are "reliable." Judges are more willing to find children to be "reliable witnesses" despite minor inconsistencies in their evidence. Although there continue to be cases of judicial insensitivity and the court process is sometimes very distressing for children, the Canadian legal system is displaying greater recognition of the needs and capacities of child witnesses.