Testimonial Aids for Young, Disabled or Vulnerable Witnesses
| This page was last substantively updated or reviewed December 2022. (Rev. # 83109) |
General Principles
The Criminal Code permits testimonial accommodation for certain witnesses who may have difficulty testifying under normal circumstances.
Support Person Assisted Testimony
Witness Screen and Closed-Circuit Video Testimony
Admission of a Video Statement of a Victims, Children or Disabled Witnesses
Prohibition on Cross-Examination of Persons Under 18
Interpreters for Disabled
Section 6 of the Canada Evidence Act addresses communication in testimony by persons with disabilities. The first subsection 6(1) concerns physical disabilities and subsection 6(2) concerns mental disabilities. Both provisions apply when there is 1) a person is a disability who (2) has difficulty communicating because of this disability.[1]
- Evidence of person with physical disability
6 (1) If a witness has difficulty communicating by reason of a physical disability, the court may order that the witness be permitted to give evidence by any means that enables the evidence to be intelligible.
- Evidence of person with mental disability
(2) If a witness with a mental disability is determined under section 16 to have the capacity to give evidence and has difficulty communicating by reason of a disability, the court may order that the witness be permitted to give evidence by any means that enables the evidence to be intelligible.
- Inquiry
(3) The court may conduct an inquiry to determine if the means by which a witness may be permitted to give evidence under subsection (1) or (2) is necessary and reliable.
This applies to situations where the witness is deaf or mute and cannot communicate orally.
- "intelligible"
The witnesses does not need to be "wholly unintelligible" to have s. 6 apply.[2]
- No need for video evidence
Where an interpreter of sign language is used, there is no added requirement that a video record of the evidence be made.[3]
- ↑
R v Doncel, 2022 ONCJ 143, per Fraser J at para 11
- ↑ Doncel, supra at para 12
- ↑ R v Titchener, 2013 BCCA 64 (CanLII), 333 BCAC 234, per Ryan JA