"A Full and Candid Account" Using Special Accommodations and Testimonial Aids to Facilitate the Testimony of Children Hearsay Evidence and Children Alison Cunningham & Pamela Hurley (2007)

This resource is the sixth in a series of seven handbooks called "A Full and Candid Account". The focus in this handbook is on the use of children's out-of-court statements as evidence. Because of young age, emotional trauma, or the passage of time, some children cannot give direct evidence. In 1990, the Supreme Court of Canada first ruled that a child's out-of-court statement is admissible when reasonably necessary and where the circumstances suggest it is reliable. In other words, if a child describes events related to a criminal victimization, but is unable or unavailable to testify, the person who received the information can repeat the child's words from the witness box. This is hearsay evidence.

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Hearsay Evidence and Children (373 KB)

Table of Contents

• Zach, age 4
• The Hearsay Evidence of Children: Introduction
• The Khan Decision (1990)
• Why Some Children Cannot Give Direct Evidence to the Court
• Section 16.1 of the Canada Evidence Act
• The Assessment Process of a Child who is a Potential Court Witness
• FAQs About Hearsay and Children's Evidence
• Some Tips for Working with Young Children
• Principles of Effective Adult-Child Communication
• Looking Abroad for Innovations in Children's Testimony
• Further Readings
• About the Handbook Series

En français

Disponible également en français sous le titre « Un récit complet et franc » / Recours à des arrangements spéciaux et aux aides au témoignage pour faciliter le témoignage des enfants.

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