| Child sexual abuse is an insidious and pervasive problem in Canada, as well as many other nations. The recognition of this problem has lead to an increase in the prosecution of child sexual abuse allegations and, therefore, to an increase in the number of children involved in the criminal court process as victims and witnesses. This increased child involvement has highlighted the fact that the adversarial system was not designed or intended for children. As a result, some rules of evidence and procedure have been adapted in an attempt to address the problems associated with child witnesses and their testimony. Sections 486 and 715.1 of the Criminal Code of Canada set out a number of provisions designed to assist children in giving evidence when they are victims of sexual abuse. The author of this paper explores the implementation and effectiveness of these provisions since their enactment in 1988 by interviewing defence lawyers and crown counsel about their experiences with child sexual abusde victims in general and those provisions in particular. Finally, the author offers some preliminary conclusions about the merit of these provision and recommendations for more effective means of dealing with child witness and their testimony. |
Updated 05/20/2006