Foreword

• Author: Susan E Lang
• Profession: Former Justice of the Superior Court of Justice and the Court of Appeal for Ontario
• Pages: 19-20

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Foreword

This publication will make a difference: it provides an important tool for those work-

ing in the area of youth justice. As the reviewer of a team that identified flawed for-

ensic testing emanating from a prestigious hospital laboratory, I know directly how

youth, and their families, can be badly hurt despite the best intentions of those work-

ing in the system. To ensure justice, counsel and all who work with youth need access

to resources that provide a comprehensive and comprehensible guide to dealing with

allegations of child abuse.

Prosecuting and Defending Offences Against Children is the first Canadian text to

provide an overview of the offence provisions in the Criminal Code that are used to

prosecute such allegations. The text explains in helpful detail the key elements of each

offence and the more commonly proffered defences. In addition, the text explains

the procedural steps and elements from allegation to resolution. By describing so

clearly what every Crown and defence counsel needs to know when dealing with child

offences, this text provides a much-needed resource.

The experienced authors—Lisa Joyal, Jennifer Gibson, and Lisa Henderson

(Crown counsel), and Kasandra Cronin and David Berg ( Judges and former defence

counsel)—collectively have experience in every aspect of child abuse and the criminal

law. They explain in readily comprehensible language the sometimes complex or

obtuse concepts, be they evidentiary, substantive, procedural, or practical, involved

in the application of the criminal law to offences against children.

Among many insights, the authors focus on the importance and methods of

establishing a rapport with the involved child, including the parameters of Crown

meetings with the child. Guidance is given on how to inform the child about process,

procedure, courtroom setup, common parlance, and the roles of all the participants.

They review evidence given by children from the perspectives of testimonial compe-

tence, admissibility, and the manner in which evidence is given—such as viva voce,

recorded, or through the admission of hearsay—with tips for both Crown and defence

in preparing to question and questioning a child witness.

The text covers such important topics as the sexual exploitation of children on

the Internet, including offences related to child pornography, distribution of intimate

images, voyeurism, and child luring. As well, it canvasses issues that arise in prosecut-

ing, defending, and adjudicating such charges.

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