The only exception is if the only purpose in compelling the co-accused is to incriminate them. An inquiry, in the form of a voir dire, is undertaken for any child witness or if the witness' capacity is challenged under section 16 1. I will definitely be looking for less expensive books for school online again. The court gave a four-part test to determine if the child understood the meaning of oath. A co-accused, charged separately, is a competent and compellable witness for both crown and defence.
Description: xiv, 124 pages ; 23 cm Contents: 1. By acquiring the knowledge and skills to ensure that you are an effective witness, you may help to prevent harm to a child who has already suffered at the hands of an adult, or prevent harm of other children in the future. The reason behind this is to support marital harmony. Warrant effective throughout Canada 3 A warrant that is issued by a justice or provincial court judge pursuant to subsection 1 or 2 may be executed anywhere in Canada. Typically, it is not a problem with the exception when dealing with Children and witnesses of low mental capacity as will be seen later.
Nevertheless, the decision is the judge's to make. Testifying On Behalf Of Children A Handbook For Canadian Professionals can be very useful guide, and testifying on behalf of children a handbook for canadian professionals play an important role in your products. In each of these it is up to a challenger to establish the incompetence of the witness. The reason for this is that children tend to be highly susceptible to influence, their ability to interpret events often affects their testimony, they may not understand the consequences of their actions, and they typically have a higher degree of credibility to a trier of fact. Section 698 allows the ordering of a subpoena requiring a witness to attend court: 698. The Rules of Evidence -- Issues of fact and issues of law -- Relevance -- Weight and admissibility of evidence -- Prejudice and fairness -- Types of evidence -- Exclusionary rules of evidence -- 6. I was pleased to get this book for less than my university was selling it for.
When you are called to testify in a case involving a child, you are participating in a process that may have an irreversible impact upon that child's future. It can be invoked even where the witness spouse is not the victim but their health or liberty is threatened. A witness who states that they may not tell the truth is still competent to testify. If the child promises to tell the truth it will be as good as an oath s. At common law there is no minimum age for testimony. This is determined objectively and on the balance of probabilities.
He is frequently interviewed by the media, and his work has often been cited by the courts. If there is no challenge, any child under the age of fourteen may testify. In regards to the understanding of the oath, Justice Dickson, in R. The proof of competency or incompetency is on the balance of probabilities. Register a Free 1 month Trial Account. By acquiring the knowledge and skills to ensure that you are an effective witness, you may help to prevent harm to a child who has already suffered at the hands of an adult, or prevent harm of other children in the future.
The common law presumption of competence is preserved, subject so section 16 1 , which states: 16 1 Where a proposed witness is a person under fourteen years of age or a person whose mental capacity is challenged, the court shall, before permitting the person to give evidence, conduct an inquiry to determine a whether the person understands the nature of an oath or a solemn affirmation; and b whether the person is able to communicate the evidence. As Justice Dickson stated in R. Leonard 1989 the court examined the first question on whether the child understood the oath. This included convicts, infants, the insane, marriage, and lack of belief in a higher power. If they were not able to understand the meaning of the oath they would usually be allowed to give unsworn testimony so long as the evidence they gave could be corroborated. The Canada Evidence Act was amended in 2015 and the common law rule of spousal incompetency is no longer codified in the Canada Evidence Act.
It came very quickly and was in excellent condition. Thus under the new s. The Court held that the inquiry need only examine the capacity of the witness to communicate and not their ability to observe and recall. He has published extensively about legal issues related to child abuse, divorce and young offenders, including co-authoring Canadian Child Welfare Law Thompson Educational Publishing. I was very pleased with receiving this book.
The immunity is concern with the state of the relationship at the time of the evidence being given, and not at the time of the incident. A juror cannot testify to any evidence concerning the deliberations, emotions, or decisions of any of the jury panel. She also worked previously as a Youth Court Prosecutor, and as a consultant to the Institute for the Prevention of Child Abuse, the Metropolitan Toronto Special Committee on Child Abuse, and the Ministry of Community and Social Services. Where competency is challenged, it must be established by a voir dire before the witness can be sworn. The compellability of a witness refers to the power to force a competent witness to testify even if it's against their will. A judge has a discretion to excuse an expert witness who is under a valid subpoena. Where the matter is before a superior court judge, only that court may issue a subpoena compelling attendance s.