Preparing the Child Witness

• Author: Lisa Joyal/Jennifer Gibson/Lisa Henderson/David Berg/Kasandra Cronin
• Pages: 11-30

11

Preparing the

Child Witness

2

I. Introduction.............................................. 

II. Initial Meetings with the Child Witness ........................ 

III. Preparing the Child to Testify ................................ 

IV. International and Other Long-Distance Child Witnesses .......... 

© [2023] Emond Montgomery Publications. All Rights Reserved.

12 Prosecuting and Defending Oences Against Children

I. Introduction

Preparing a child witness to testify is extremely important, as it will facilitate the

child’s ability to give their full evidence about the matter before the court. More fun-

damentally, it will lessen the trauma to the child witness, and that is a worthy goal in

and of itself.

When Crown and defence counsel deal with child witnesses, it is essential to keep

in mind that children are not simply “little adults.” Every child is different, and every

child will interact with the criminal justice system in their own unique way.

To help guide the child witness through the court process and facilitate the

child’s testimony in court proceedings with the minimum amount of trauma, there

are certain things that both Crown and defence lawyers can do. These matters are

discussedbelow.

II. Initial Meetings with the Child Witness

A. Obtain Background Information on the Child

There are several resources available to Crown prosecutors that can help counsel

obtain background information on the child in advance of the initial meeting with

thechild. For instance, if the child has attended at a Child and Youth Advocacy Cen-

tre (CYAC), there should already be a team in place that the Crown can consult.

Alternatively, ifthe child has a children’s aid worker or professional support person,

then the Crown should liaise with these individuals in advance of meeting with the

child. The Victim Witness Assistance Program (VWAP) workers (or similar support

workers under other names) in the court system are invaluable as well.

All stakeholders should acknowledge that racism is reflected in many social institu-

tions, including the criminal justice system. Children who are Black, Indigenous, or

people of colour (BIPOC) have historically traumatic relationships with institutional-

ized systems, which will affect how these children react to the court process. Crown

counsel will need to develop a relationship of trust with the child to obtain a full and

candid account of what occurred.

B. Involve the Child at an Early Stage

When a person is charged with an offence against a child, it is important that the

child be contacted as soon as possible. Contact with the child can be initiated through

a caregiver (if they are not the one charged), a professional who is involved in some

manner with the child, or through the officer-in-charge (OIC) of the case. Wher-

ever possible, an initial meeting should be set up shortly after the charges have been

laid.The caregiver may want to attend the meeting alone to find out thenext steps,

which is perfectly fine. However, if the court case is proceeding to a preliminary

inquiry or trial, then the prosecutor should also meet the child as early as possible.

© [2023] Emond Montgomery Publications. All Rights Reserved.