TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

VICTIM MALTREATMENT [2 records]

Record 1 2024-11-25

English

Subject field(s)
  • PAJLO
  • Family Law (common law)
  • Social Problems
  • Sociology of the Family
CONT

As a general rule of Canadian evidence law, the previous out-of-court statements of a witness or victim are not to be the subject of testimony in court. In regard to statements by a child who is not called as a witness, any statements made by the child to others would normally be regarded as hearsay and therefore inadmissible. Although the general rules about the exclusion of previous consistent statements and hearsay are basically sound, they can be problematic when applied to cases involving children who are victims of abuse. Not infrequently in child abuse cases, the initial disclosures of abuse by the child to a parent or another trusted person are graphic and highly revealing. Conversely, if the accused argues that a child has been subject to improper coaching or interviewing to make the allegations, [an] inquiry into the circumstances in which the allegations were first made can be vitally important. As a result of these types of concerns Canadian judges have significantly liberalized the rules about admitting this type of evidence, making changes to the common law that in some other countries have been achieved by legislative reforms.

French

Domaine(s)
  • PAJLO
  • Droit de la famille (common law)
  • Problèmes sociaux
  • Sociologie de la famille
OBS

victime de maltraitance : désignation normalisée par le Comité de normalisation, Promotion de l'accès à la justice dans les deux langues officielles (PAJLO).

Spanish

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Record 2 2024-11-22

English

Subject field(s)
  • Family Law (common law)
  • Social Problems
  • Sociology of the Family
CONT

[The Appellant's daughter provided a letter] during trial preparation. The letter focused on [her father's] character and questioned why an abuse victim would return to the home of her abuser. ... in the letter, [she] says she "never had the impression" that the Complainant was an abuse victim.

French

Domaine(s)
  • Droit de la famille (common law)
  • Problèmes sociaux
  • Sociologie de la famille

Spanish

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