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These views of children were reflected in the criminal and civil laws of Canada. Judges were instructed to warn jurors regarding the unreliability of children's testimony. In a 1962 decision, the Supreme Court of Canada stated that the following were underdeveloped in children: their capacities to observe, to recollect, their moral capacity and their ability to understand questions and frame intelligent answers. It was necessary for the testimony of children to be corroborated in both civil lawsuits and criminal prosecutions. This was rarely possible as children are generally abused in secrecy, without the presence of other witnesses to substantiate the child's evidence. In the few abuse cases that came before the courts, children were obliged to overcome significant legal obstacles in order to testify. Unlike their adult counterparts, children were required to convince the judge that they understood the meaning of the oath in order to give sworn testimony. Children who had no religious upbringing or religious beliefs were not allowed to offer a solemn affirmation and were prohibited from testifying in a civil proceeding or a criminal prosecution. Another problem encountered in the legal process by child victims of abuse was that they were compelled to testify face-to-face with the alleged abusers and recount horrifying and embarrassing details of the abusive acts in a public courtroom.
Approximate Word count = 748
Approximate Pages = 3
(250 words per page double spaced)
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