NCJ Number
36822
Date Published
1976
Length
82 pages
Annotation
THIS WORKING PAPER CONSIDERS SOME OF THE DIFFICULTIES THAT EXIST IN THE CANADIAN CRIMINAL JUSTICE SYSTEM'S APPROACH TO CHILD ABUSE.
Abstract
PROBLEMS DISCUSSED INCLUDE CANADA'S VAGUE DEFINITION OF A CHILD IN NEED OF PROTECTION, THE UNENFORCEABILITY AND NON-BINDING NATURE OF THE CHILD ABUSE REPORTING LAW, THE GENERAL LACK OF QUICK AND EASY ACCESS TO A CHILD'S COMPREHENSIVE MEDICAL RECORDS, AND COURT RULES WHICH LIMIT THE INTRODUCTION OF PERTINENT EVIDENCE (SUCH AS THE TESTIMONY OF THE NON-DEFENDANT SPOUSE). ALSO NOTED ARE LIMITATIONS ON THE ROLE OF THE CROWN ATTORNEY AND POLICE IN CHILD ABUSE CASES AND QUESTIONS SURROUNDING THE NEED FOR AN ADVERSAY SYSTEM OF TRIAL AND FOR SEPARATE LEGAL REPRESENTATION OF THE CHILD IN COURT PROCEEDINGS. SEVERAL REFORM MEASURES ARE RECOMMENDED.