Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"

Where a child is a witness at a youth court trial the judge or justice must instruct that child as to the duty to speak the truth and the consequences of failing to do so.  Where a young person is a witness the judge or justice may instruct the young person as to this duty “if he/she considers it necessary” (s 151).  

There are special protections under the criminal code for witnesses who are under the age of 18 years. A justice/judge has the discretion under section 486 of the ''CC'' to exclude members of the public from the courtroom if they are of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice. The “proper administration of justice” includes ensuring that the interests of witnesses under the age of eighteen years are safeguarded in all proceedings (''CC'', s 486(2)(a)). A witness who is under the age of 18 years may also be entitled to have a support person present in the courtroom while testifying (''CC'', s 486.1), to testify outside the courtroom or to testify behind a screen (''CC'', s 486.2). The child or young person must be advised of these options.  

Section 16.1 of the ''Canada Evidence Act'' provides that a person under 14 years of age is presumed to have the capacity to testify. Any person who challenges the capacity of such a witness bears the burden of satisfying the court that there is an issue as to the witness’ capacity to understand and respond to questions. It must be shown that the witness does not understand the duty of speaking the truth.