L.A.D., Re, (1983) 54 A.R. 255 (ProvCt)

Judge:Leveque, J.
Court:Provincial Court (Alberta)
Case Date:November 23, 1983
Jurisdiction:Alberta
Citations:(1983), 54 A.R. 255 (ProvCt)
 
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L.A.D., Re (1983), 54 A.R. 255 (ProvCt)

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Re L.A.D. and A.D.M.

(N 5838)

Indexed As: L.A.D. and A.D.M., Re

Alberta Provincial Court

Leveque, J.

November 23, 1983.

Summary:

The Director of Child Welfare applied for a further order of temporary wardship of two girls on the ground that they were sexually abused by their father. The Alberta Provincial Court allowed the application.

Evidence - Topic 5233

Witnesses - Corroboration - Evidence of children - What constitutes corroboration - Two girls claimed they were sexually abused by their father - The Alberta Provincial Court held that the girls' statements were not directly corroborated, but were corroborated by circumstantial evidence, including: (1) their statements were consistent, detailed and demonstrated advanced sexual knowledge and were thereby self-corroborating; (2) the refusal of the father to take a polygraph test or otherwise co-operate with investigators; (3) the mother and father did not testify; and (4) a counsellor of sexually abused children opined that the children were sexually abused - See paragraphs 9 to 12.

Evidence - Topic 5235

Witnesses - Corroboration - Evidence of children - When corroboration required - Two girls claimed that they were sexually abused by their father - The Alberta Provincial Court held that under s. 20 of the Alberta Evidence Act the girls' statements were required to be corroborated - The court held that circumstantial evidence of corroboration was sufficient - See paragraphs 8 to 9.

Evidence - Topic 7115

Opinion evidence - Non-expert opinion evidence - Mental and physical conditions - Existence of sexual abuse - The Alberta Provincial Court accepted the evidence of counsellor of sexually abused children, who was not qualified as an expert, that two girls were sexually abused - See paragraphs 10 to 11.

Cases Noticed:

R. v. Graat (1983), 45 N.R. 451; 2 C.C.C.(3d) 365, appld. [para. 10].

Statutes Noticed:

Alberta Evidence Act, R.S.A. 1980, c. A-21, sect. 20 [para. 8].

Counsel:

M. Bradshaw, for the Director of Child Welfare;

V. Adamson, for the children.

This case was before Leveque, J., of the Alberta Provincial Court, who delivered the following judgment on November 23, 1983:

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