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Fiche 1,  Justifications,  Anglais

Record number: 1, Textual support number: 1 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.  3, fiche 1, Anglais, - victim%20of%20abuse

Fiche 1,  Justifications,  Français

Record number: 1, Textual support number: 1 OBS

victime de maltraitance : désignation normalisée par le Comité de normalisation, Promotion de l'accès à la justice dans les deux langues officielles (PAJLO).  2, fiche 1, Français, - victime%20de%20maltraitance

Fiche 1,  Justifications,  Espagnol