NCJ Number
53811
Journal
CRIME ET/AND JUSTICE Volume: 5 Issue: 4 Dated: (FEBRUARY 1978) Pages: 275-293
Date Published
1978
Length
19 pages
Annotation
THE CANADIAN LAW REGARDING CHILD ABUSE REPORTING AND PROCESSING IS DISCUSSED. THE LAWS VARY AMONG THE PROVINCES AND THE DEFINITION OF CHILD ABUSE IS NONSTANDARD.
Abstract
ALTHOUGH THERE IS EVIDENCE THAT CHILD ABUSE IS WIDESPREAD IN CANADA, THE TRADITIONAL CONCEPT OF THE PARENT AS CARETAKER AND THE CHILD AS THE PARENTS' POSSESSION INTERFERES WITH DEVELOPMENT OF EFFECTIVE LEGAL MEASURES TO DEAL WITH ABUSE. CRIMINAL PROSECUTION OF ABUSIVE PARENTS IS EXPENSIVE AND TIME-CONSUMING. CONVICTION IS DIFFICULT SINCE WITNESSES ARE USUALLY NON-EXISTENT OR RELUCTANT TO TESTIFY. FAMILY COURTS, WHICH HEAR MOST OF THE CHILD ABUSE CASES, ARE INFORMAL AND INFLUENCED GREATLY BY THE TYPE OF PRESIDING JUDGES. COURT RECORDS AND REPORTS ON THESE PROCEEDINGS ARE TREATED AS CONFIDENTIAL, AND THUS, CANNOT BE USED TO BUILD CASE LAW FOR FUTURE REFERENCE. A SERIOUS DIFFICULTY ARISING IN ABUSE PROCEEDINGS HAS BEEN THE QUESTION OF CONFIDENTIAL COMMUNICATION BETWEEN PHYSICIANS AND PARENTS, AND IN SOME CASES BETWEEN PSYCHIATRISTS OR SOCIAL WORKERS AND PARENTS. THERE IS A PREVAILING BELIEF AMONG THESE PROFESSIONALS THAT REPORTING CHILD ABUSE CASES IS A FORM OF MEDDLING, A VIOLATION OF A CONFIDENTIALITY BOND BETWEEN THEMSELVES AND THE PARENTS, OR ULTIMATELY WORKS TO THE DETRIMENT OF THE CHILD. IT IS RECOMMENDED THAT LAWS BE INTRODUCED REQUIRING BOTH CHILDREN AND PARENTS TO BE LEGALLY REPRESENTED IN CHILD ABUSE CASES AND THAT AN INTERDISCIPLINARY APPROACH TO CHILD ABUSE CASES BE DEVELOPED INVOLVING SOCIAL WORKERS, TEACHERS, PUBLIC HEALTH OFFICIALS, PHYSICIANS, AND LAWYERS. REFERENCES ARE PROVIDED. (DAG)