INDEX. NOTE: References are to heading numbers. ABANDONMENT elements of offence, 19:10

Transcription

1 NOTE: References are to heading numbers. ABANDONMENT elements of offence, 19:10 ABDOMINAL TRAUMA assessment of, 17:20.5(4) dating, 17:20.5(5) differential diagnoses for, 17:20.5(6) generally, 17:20.5(1) mechanism of, 17:20.5(2) symptoms of, 17:20.5(3) ABDUCTION by parent or guardian where custody order, 19:20.4 by parent or guardian where no custody order, 19:20.5 defence, 19:20.6 generally, 19:20.1 necessity, defence of, 19:20.6 of person under fourteen, 19:20.3 of person under sixteen, 19:20.2 ACCUSED good character evidence, impact of, 10:90.1 grooming, 11:10 ANAL INJURY. See SEXUAL ABUSE, MEDICAL ISSUES ANATOMICALLY CORRECT DOLLS. See TESTIMONIAL AIDS FOR CHILDREN ASSAULT offence and justification, 19:30.1 IN-1

2 CRIMES AGAINST CHILDREN BIAS. See JURY SELECTION BRUISES assessment of, 17:20.1(5) dating, 17:20.1(6) differential diagnoses for, 17:20.1(7) generally, 17:20.1(1) mechanism of bruising, 17:20.1(3) pathophysiology of, 17:20.1(2) symptoms associated with, 17:20.1(4) BURNS assessment of, 17:20.6(5) dating, 17:20.6(6) differential diagnoses for, 17:20.6(7) generally, 17:20.6(1) mechanism of, 17:20.6(3) pathophysiology of, 17:20.6(2) stocking or glove distribution, in, 17:20.6(3) symptoms of, 17:20.6(4) types of, 17:20.6(3) CHARTER OF RIGHTS AND FREEDOMS balancing of rights, 14:40.4, 15:40.1 fair trial, right to, 15:50.2(1) innocence, presumption of, 3:10 CHILD, DEFINITION OF Canada Evidence Act, under, 1:20 child welfare legislation, in, 1:20 Criminal Code variations, 1:20 generally, 1:10 Supreme Court of Canada, view of, 1:30 Youth Criminal Justice Act, under, 1:20 CHILD NEGLECT accidental injury, findings consistent with, 17:60.1 failure to thrive, 17:60.2 assessment of, 17:60.2(4) defined, 17:60.2(1) differential diagnosis for, 17:60.2(5) pathophysiology of, 17:60.2(2) symptoms of, 17:60.2(3) findings consistent with, 17:60.1 IN-2

3 CHILD NEGLECT continued generally, 17:60.1 organic disease, findings consistent with, 17:60.1 CHILD PORNOGRAPHY definition, 11:20.6 (1) offences involving, 11:20.6(2) defences, 11:20.6 (3) CHILD WITNESSES cognitive abilities, 2:30.1 communication and language skills, 2:30.3 adolescents, 2:30.3 preschoolers, 2:30.3 school age, 2:30.3 developmental considerations, 2:30 distance, size and time estimation chart, 2:30.1 examining. See EXAMINING CHILD WITNESSES linguistic abilities, 2:30.3 memory issues, 2:30.2 problem with child witnesses, 2:10.2 preparation of, 2:40 questions to, form of, 2:30.3 guidelines re, 2:30.3 reality vs. fantasy, ability to distinguish, 2:30.1 reasoning ability, 2:30.1 revictimization of child witness, 2:20 sexual abuse victims, where, 2:20 stress factors, 2:10.2, 2:20 suggestibility, 2:30.2 truth vs. lies, ability to distinguish, 2:30.2 view of adults, 2:30.2 vulnerability problem, 2:10.2 CHILDREN S EVIDENCE, ASSESSING corroboration no longer required for conviction, 10:20 credibility, assessing, 10:50 appeal court interference, 10:50.2 credibility contest problem, 10:50.3 deference to trier of fact re, 10:50.2 disclosure of allegation, timing and manner of, 10:50.5 expert evidence re, 10:60 fabrication motive of complainant, 10:50.4 general considerations, 10:50.1 IN-3

4 CHILDREN S EVIDENCE, ASSESSING continued credibility, assessing continued personal characteristics of witness, 10:50.1 reasonable adult, standard of, 10:50.1 weighing evidence, 10:90 credibility vs. reliability, 10:30 distinction, 10:30.1 reliability is paramount, 10:30.2 developmentally disabled complainants, 10:80 expert evidence, use of,10.60 delayed reporting and, 10:60 psychological and physical factors, and, 10:60 sexual abuse behaviours or symptoms, 10:60 ultimate question, 10:60 generally, 10:10 good character evidence of accused, impact of, 10:90.1 jury warning, 10:70 not mandatory, 10:70 special warning, need for, 10:70 sworn or unsworn evidence not distinguished, 10:70 Vetrovec warning, 10:70 reliability, assessing, 10:40 credibility vs. reliability, 10:30 factors affecting reliability, 10:40.4 inconsistencies, effect of, 10:40.1 time and place of alleged offence, child s uncertainty re, 10:40.2 time passage between event and trial, effect of, 10:40.3 special approach to, 10:10 weighing evidence when credibility main issue, 10:90 COGNITIVE DEVELOPMENT cognitive abilities, 2:30.1 cross-examination and, 9:20 generally. See CHILD WITNESSES COMPETENCE TO TESTIFY age of child witness, proof of, 5:20 Canada Evidence Act test re witness under age 14, 5:10.2 competency test, 5:10.3 developmentally disabled witnesses, 5:10.4 inquiry requirement, 5:10.3(1) onus of proof re, 5:10.3(4) presumption of competence, 5:10.3(1) promise to tell truth, weight and effect of evidence on, 5:10.3(3) IN-4 CRIMES AGAINST CHILDREN

5 COMPETENCE TO TESTIFY continued competency test continued relevant time period for competence, 5:10.3(2) standard of proof re, 5:10.3(4) generally, 5:10.1 oath, general requirement re, 5:10.1 Youth Criminal Justice Act, under, 5:10.5 CONCEALING BODY OF DEAD CHILD elements of offence, 19:90 CONSENSUAL SEXUAL ACTIVITY prohibition under 16 years of age, 11:20.1 sexual history evidence, 12:20.3(2), 12:20.7(1) valid consent, higher threshold for, 11:20.2, 11:20.3 CORRECTIVE FORCE burden of proof, 19:30.2 child, defined, 19:30.3 (2) elements of defence, 19:30.3 persons entitled to defence, 19:30.3 pupil, defined, 19:30.3 (2) section 43, Criminal Code, 19:30.2, 19:30.3 CREDIBILITY children s evidence generally, 10:10 expert opinion evidence and, 10:60, 16:40.3 CRIMINAL NEGLIGENCE AND PARENTAL DUTY causing bodily harm, 19:40.3 causing death, 19:40.4 criminal negligence, defined, 19:40.1, 19:40.2 criminal negligence manslaughter, 19:40.4 CROSS-EXAMINATION OF CHILD WITNESS accused, by, 9:40 adversarial forum, doubts re, 9:10 basic principles of, 9:30 cautions re, 9:20 cognitive development issues, 9:20 collateral matters, questions on, 9:30 counsel s tactics, 9:40 credibility vs. matters at issue, 9:30 doubts re value of, 9:10 IN-5

6 CROSS-EXAMINATION OF CHILD WITNESS continued false impression, impropriety of leaving, 9:40 generally, 9:10 importance of cross-examination generally, 9:10 inconsistency as normal child thought process, 9:20 judge s responsibilities and powers, 9:50 child responds in cross-examination, where, 9:50.1 curtailing of cross-examination, 9:50.1 function of judge, 9:50.2 harassment of witness, 9:50.1 intervention and fairness, 9:50.2 unresponsive child, discretion where, 9:50.2 leading questions, 9:20 limits on, 9:40 preparation for. See WITNESS PREPARATION preliminary inquiry, at, 9:10 previous inconsistent statements, re, 9:30 CROWN destroyed records in possession of, 15:50.2(1) duties re records, 15:30.6 expert re propensity, 16:40.7(2) CYBER-BULLYING Bill C-13, 19:100 DISABILITY mental disability, testifying with, 4:30.5(9) sexual exploitation of person with, 11:20.3 DISCLOSURE OF ABUSE BY CHILDREN content of abuse disclosure, 18:20.8 dead end disclosures, 18:20.3 delayed disclosure, 18:20.5 denial of abuse by abused children, 18:20.7 disclosure patterns in children, generally, 18:20.1 immediate disclosure, 18:20.5 incremental disclosure, 18:20.6 psychological entrapment, 18:20.4 reasons for delayed disclosure, 18:20.5 recantation of disclosed abuse, 18:20.7 secrecy, maintaining, 18:20.2 CRIMES AGAINST CHILDREN IN-6

7 ENDANGERING LIFE abandonment, by, 19:10 EVIDENCE children s. See CHILDREN S EVIDENCE, ASSESSING collateral evidence rule, 13:10 confirmatory of complainant, 10:40.5 examining child witness to elicit. See EXAMINING CHILD WITNESS exclusion of evidence, 12:10, 12:20.6 expert opinion. See EXPERT OPINION EVIDENCE hearsay rule, 7:10 out-of-court statements. See OUT-OF-COURT STATEMENTS, USE OF prior inconsistent statements. See PRIOR INCONSISTENT STATEMENTS, USE OF reply evidence, rules re reception of, 13:20 videotape. See TESTIMONIAL AIDS FOR CHILDREN virginity, re12:30 EXAMINING CHILD WITNESSES capacities of children, 6:10 comfort, giving child sense of, 6:20.1 child friendly courtrooms, 6:20.1(2) first names, using, 6:20.1(1) court process, problems presented by, 6:10 eliciting evidence, 6:30 generally, 6:30.1 leading questions, 6:30.2 generally, 6:30.2(1) procedure to follow re, 6:30.2(2) refreshing child s memory, 6:30.3 generally, 6:30.3(1) items used, 6:30.3(2) notes, use of, 6:30.3(2) procedure re, 6:30.3(3) refreshing memory, meaning of, 6:30.3(1) generally, 6:10 language, child accessible, 6:20.2 abilities and limitations, 6:20.2(2) child s comprehension and use of language, 6:20.2(1) distance, time and size questions, 6:20.2(4) judge s responsibility re, 6:20.2(5) questioning children, basic guidelines, 6:20.2(3) past recollection recorded, use of, 6:40 preparation for. See WITNESS PREPARATION IN-7

8 EXAMINING CHILD WITNESSES continued special treatment requirement, 6:10 strategies to maximize testimony, 6:20 CRIMES AGAINST CHILDREN EXCLUSION OF PUBLIC. See TESTIMONIAL AIDS FOR CHILDREN, Criminal Code special procedures EXPERT OPINION EVIDENCE absence of any exclusionary rule, requirement re, 16:20.3 child abuse cases, issues in, 16:40 behavioural and psychological factors consistent with abuse, 16:40.5 capacity of mentally disabled persons to consent, 16:40.8 credibility, evidence relevant to, 16:40.3 complainant s reliability, 16:40.3(2) oath-helping, rule against, 16:40.3(1) disclosure of abuse by complainant, 16:40.4 memory block, 16:40.4 physical injuries consistent with abuse, 16:40.6 profiling re, 16:40.7 propensity to commit offence, 16:40.7 basic principles re, 16:40.7(1) Crown expert, 16:40.7(2) defence expert, 16:40.7(2) generally, 16:40.7(1) recantation by complainant, 16:40.4 scientific non-behavioural vs. behavioural evidence, 16:40.1 ultimate issue prohibition and exceptions, 16:40.2 credibility, assessing, 10:60, 16:40.3 criteria for admissibility, 16:20 generally, 16:10 necessity requirement, 16:20.2 reliability and, 16:20.2 opinion evidence, exceptions to prohibition on, 16:10 qualification of expert deficiencies going to weight, 16:20.4 requirement re, 16:20.4 relevance requirement, 16:20.1 rule re admissibility, 16:10 tendering, 16:30 factual basis necessary for, 16:30.2 hypothetical questions, use of, 16:30.3 novel scientific ideas, 16:30.4 procedure, 16:30.1 IN-8

9 EYE INJURIES dating, 17:20.4(5) differential diagnoses for, 17:20.4(6) functional anatomy of, 17:20.4(2) generally, 17:20.4(1) mechanism of, 17:20.4(3) pathophysiology of, 17:20.4(2) shaken baby syndrome, 17:20.4(3) symptoms of, 17:20.4(4) FABRICATIONS allegation of recent fabrication, 14:30.5 fabricated stories of consensual sexual activity, 12:20.8 motive of complainant, 10:50.4, 12:20.7(3) propensity to fabricate, 13:10 rebuttal of allegation of recent fabrication, 14:30.1 FACTITIOUS DISORDER BY PROXY. See MUNCHAUSEN SYNDROME BY PROXY FAILURE TO PROVIDE NECESSARIES elements of offence, 19:50 FAILURE TO THRIVE. See CHILD NEGLECT FALLS commonly occurring childhood falls, 17:20.7(1) consequences of, 17:20.7(1) suspicious, 17:20.7(2) FEMALE GENITAL MUTILATION definition, 11:20.5 defence, 11:20.5 FORCIBLE CONFINEMENT. See UNLAWFUL CONFINEMENT FRACTURES assessment of, 17:20.2(4) brittle bone disease, 16:30.4 dating, 17:20.2(5) differential diagnoses for, 17:20.2(6) mechanism of, 17:20.2(2) pathophysiology of, 17:20.2(1) symptoms associated with, 17:20.2(3) IN-9

10 CRIMES AGAINST CHILDREN GENITAL INJURY. See SEXUAL ABUSE, MEDICAL ISSUES HEARSAY. SEE OUT-OF-COURT STATEMENTS, USE OF HEAD INJURIES assessment of, 17:20.3(5) CT and MRI scans, 17:20.3(5) dating, 17:20.3(7) differential diagnoses for, 17:20.3(8) functional anatomy of, 17:20.3(2) generally, 17:20.3(1) mechanism of, 17:20.3(3) pathophysiology of, 17:20.3(2) shaken baby syndrome, 17:20.3(3), (5)-(8) sequelae of, 17:20.3(6) skull fractures, 17:20.3(3) symptoms of, 17:20.3(4) INCEST elements of offence, 11:20.4 defence, 11:20.4 INFANTICIDE elements of offence, 19:60 INNOCENCE, CHARTER RIGHT RE PRESUMPTION OF, 3:10 JUDGE child accessible language, responsibility re, 6:20.2(5) cross-examination, duty during. See CROSS-EXAMINATION OF CHILD WITNESS out-of-court statements, discretion re use of, 7:80 pre-screening of jurors by. See JURY SELECTION JUDICIAL NOTICE behavioural changes, of, 16:40.5(1) JURY, INSTRUCTION TO allegations of other unrelated sexual abuse, re, 13:20 generally, re children s evidence. See CHILDREN S EVIDENCE, ASSESSING out-of court statements, re, 7:90 prior consistent statements of complainants, re, 14:30.3 IN-10

11 JURY, INSTRUCTION TO continued prior inconsistent statements, re, 8:60 sexual history evidence, re, 12:20.5 videotaped evidence, re, 4:50.10 JURY SELECTION bias, forms of, 3:50 classes of potential juror prejudice, 3:50.1 evidentiary foundation requirement, 3:50.3 factors ancillary to race, 3:50.2(2) homosexuality, bias against, 3:50.3(3) offence-based bias, 3:50.3(2) police preference, bias re, 3:50.3(4) pre-trial publicity, 3:50.3(1) racial, 3:50.2(1) challenges for cause applications, stage one, 3:40.5 evidentiary threshold, 3:40.5(2) procedure, 3:40.5(1) applications, stage two, 3:40.6 overview, 3:40.6(1) procedure, 3:40.6(2) partiality, 3:40 lack of indifference, defined, 3:40.2 presumption of impartiality, 3:40.2 test for partiality, 3:40.3 process re, 3:40.4 provisions re, 3:40.1 empanelling jury, 3:10 generally, 3:10 peremptory challenges, 3:30 all-female or female-majority juries, 3:30.2 generally, 3:30.1 pre-screening of jurors by trial judge, 3:20 child sexual abuse cases, 3:20.2 grounds, 3:20.1 obvious partiality, 3:20.1 pre-trial process, 3:10 stages of, 3:10 KGB APPLICATIONS. See PRIOR INCONSISTENT STATEMENTS, USE OF KHAN APPLICATIONS. See OUT-OF-COURT STATEMENTS, USE IN-11

12 CRIMES AGAINST CHILDREN OF KIDNAPPING elements of offence, 19:70 LANGUAGE child accessible, 6:20.2 skills, 2:30.3 LURING BY COMPUTER SYSTEM offence of, 11:20.8 MEDICAL ISSUES child neglect. See CHILD NEGLECT injuries, types of, 17:20-17:60 medical professionals, mode of expression of, 17:10 physical abuse injuries. See PHYSICAL ABUSE INJURIES sexual abuse. See SEXUAL ABUSE, MEDICAL ISSUES MEMORY age as factor, 18:10.1 anxiety, impact on children s memory, 18:10.6 children s memory, generally, 18:10 cognitive development and memory, 18:10.3 domain specific knowledge, impact on memory, 18:10.3 effect of time on 18:10.5 narrative accounts and children s memory, 18:10.2 memory skills, highlights, 18:10.8 script memory, 18:10.4 source of memory, identification, 18:10.7 source monitoring, 18:10.7 suggestibility,!8:10.7 understanding, children s, of event and memory, 18:10.3 MUNCHAUSEN SYNDROME BY PROXY assessment of, 17:30.2 described, 17:30.1 diagnosis of, 17:30.1 families in, 17:30.3 motivations re, 17:30.1 paediatric condition falsification (PCF), 17:30.1 sequelae of, 17:30.4 simulated illness, 17:30.1 symptoms, 17:30.1 IN-12

13 NEGLECT. See CHILD NEGLECT OATH OR AFFIRMATION general requirement re, 5:10.1 oath-helping, rule against, 16:40.3(1) refusal to swear oath, 8:40.3(2) OUT-OF-COURT STATEMENTS, USE OF admissibility rules, 7:20 forms of statements admitted, 7:70 generally, 7:10 hearsay rule, 7:10 judge s residual discretion, 7:80 jury, judge s instructions to, 7:90 Khan applications, procedure on, 7:110 mentally challenged witnesses, 7:100 multiple statements, admission of, 7:60 necessity, 7:20, 7:30 death of witness, 7:30.2 establishing necessity on Khan applications, 7:30.2 frozen child witness, 7:30.2 inability to remember material evidence, 7:30.2 inadequate testimony, where, 7:30.3 mere fear or disinclination, 7:30.2 reasonably necessary as meaning, 7:30.1 necessity and reliability requirements, 7:20, 7:30 standard of proof for establishing, 7:50 preliminary hearings, use of hearsay in, 6:50 principled approach, 7:20 reliability, 7:20, 7:40 overcoming lack of opportunity to cross-examine,, 7:40.2 circumstances that establish sufficient for admissibility, 7:40.4 contents of statements, 7:40.4(3) no motive to lie, 7:40.4(1) personal characteristics of child, 7:40.4(2) recipient and record of child s statement, examination of, 7:40.4(4) striking similarity of hearsay from different complainants, 7:40.4(6) timing of statement, 7:40.4(5) establishing sufficient for admissibility, 7:40.3 reliability on the admissibility inquiry as meaning, 7:40.1 spontaneous declaration exception to hearsay rule, 7:10 standard of review, 7:100 undue prejudice to accused, where, 7:80 IN-13

14 CRIMES AGAINST CHILDREN PARENT, NON-OFFENDING assisting, 2:40.3 emotional and psychological effects on, 2:40.3 PAST RECOLLECTION RECORDED, USE OF rules and issues, 6:40 PHYSICAL ABUSE INJURIES abdominal trauma. See ABDOMINAL TRAUMA bruises. See BRUISES burns. See BURNS eye injuries. See EYE INJURIES falls. See FALLS fractures. See FRACTURES head injuries. See HEAD INJURIES POST TRAUMATIC STRESS DISORDER evidence of, 16:14.4 PRIOR CONSISTENT STATEMENTS OF COMPLAINANTS admissibility of, 14:30 all-out-attack on complainant s credibility, where defence is, 14:30.1(2) basis for, 14:30.1 context to police involvement, where statement gives, 14:30.1(3) narrative, as part of. See narrative, as, infra rebuttal of allegation of recent fabrication, 14:30.1 res gestae, as, 14:30.1, 14:30.4 where important to understand case, 14:30.1(1) allegation of recent fabrication, admissibility to rebut, 14:30.5 allegation of recent fabrication described, 14:30.5(2) credibility use, 14:30.5(4) evidence tendered, 14:30.5(3) generally, 14:30.5(1) timing of introduction, 14:30.5(3) generally, 14:10 Manitoba s broad approach to, 14:40 narrative, as admissibility as part of, 14:30.1 jury instruction where statement admitted, 14:30.3 procedure and restriction on evidence, 14:30.2 recent complaint doctrine, abrogation of, 14:20 Criminal Code, s. 275, and, 14:20.1 no adverse inference where no recent complaint, 14:20.2 rule re exclusion of past consistent statements, 14:10 IN-14

15 PRIOR CONSISTENT STATEMENTS OF COMPLAINANTS continued rule re exclusion of past consistent statements continued exceptions to, 14:10 PRIOR INCONSISTENT STATEMENTS, USE OF Canada Evidence Act, s. 9, 8:20 adverse, meaning of, 8:20.2 cross-examination under, limits of, 8:20.2 general considerations re, 8:20.2 non-compliance with, 8:20.1 procedure, 8:20.2 text of, 8:20.2 impeaching own witness. See Canada Evidence Act, s. 9, supra jury instruction re statement, 8:60 KGB application, 8:30 admissibility rules, 8:30.2 first stage steps, 8:20.3 generally, 8:30.1 necessity criterion, 8:30.3 origin of, 8:10 R. v. U. (F.J.), in, 8:30.3 reliability assessment, 8:30.3 strikingly similar statements, 8:30.3 KGB voir dires, 8:50 absence of or deficiencies in, 8:50.2 nature of voir dire, 8:50.1 purpose of voir dire, 8:50.1 standard of proof on, 8:50.3 recantation at trial of pre-trial recantation, 8:70 recantation by child witness, 8:40 necessity criterion, 8:40.2 problem of, 8:10 reliability requirement, 8:40.3 contemporaneous cross-examination, lack of, 8:40.3(4) demeanour of witness, 8:40.3(3) generally, 8:40.3(1) indicia of reliability/unreliability, 8:40.3(5) presence of witness, 8:40.3(3) refusal to swear oath, 8:40.3(2) truth telling, impression re, 8:40.3(2) warning to witness, 8:40.3(2) statement must be admissible as witness s sole testimony, 8:40.1 voluntariness, 8:40.4 IN-15

16 PRIOR INCONSISTENT STATEMENTS, USE OF continued recantation by child witness continued confirmatory of complainant continued burden of proof, 8:40.4 evidence to establish, 8:40.4 reliability and, 8:40.4 voir dires. See KGB voir dires, supra weight of statement, assessment of, 8:60 PROMISE TO TELL TRUTH general requirement re, 5:10.1, 5:10.2, 5:10.3(1) weight and effect of evidence on, 5:10.3(3) PRIVATE RECORDS abandonment of records by complainant, 15:50.3 business records, 15:50.1 Canada Evidence Act, s. 30, 15:50.1 civil litigation file, access to complainant s, 15:50.4 innocence at stake test, 15:50.4 solicitor-client privilege, 15:50.4 lost and destroyed, 15:50.2 Charter fair trial right, 15:50.2(1) Crown or State agency, in possession of, 15:50.2(1) intentional destruction by State agency, 15:50.2(2) third party, in possession of, 15:50.2(3) PRIVATE RECORDS, ACCESS APPLICATIONS generally, 15:10 non-sexual offences, re O Connor regime, 15:10 sexual offences, re accused, participation of in event documented in record, 15:30.5 application for production, 15:40 balancing of rights, 14:40.4, 15:40.1 decision by judge, 15:40.5 factors considered by judge, 15:40.4(4) generally, 15:40.1 likely relevance, determining, 15:40.4(1) likely relevance, grounds to establish, 15:40.3 necessary in the interests of justice requirement, 15:40.4(3) production of records to judge, 15:40.4 prohibitions against publication, 15:40.6 review of records by judge, 15:40.5 stage one, 15:40.4 IN-16 CRIMES AGAINST CHILDREN

17 PRIVATE RECORDS, ACCESS APPLICATIONS continued sexual offences, re continued virginity, re12:30 EXAMINING CHILD WITNESSES continued stage two, 15:40.5 standard of proof, re likely relevance test, 15:40.4(2) timing, form and content of, 15:40.2 Crown s duties re records, 15:30.6 privacy interest, 15:30.6 offences triggering statutory regime, 15:30.2 preliminary considerations, 15:30 preliminary inquiry, establishing foundation for disclosure at, 15:30.7 accused s right to question complainant, 15:30.7(3) generally, 15:30.7(1) witnesses, no right to subpoena, 15:30.7(2) record, defined, 15:30.1 record keepers affected by, 15:30.3 statutory regime, 15:10, 15:20 waiver of regime by complainant, 15:30.4, 15:50.1 PROFILING accused, of, 16:40.7(2), 16:40.7(3) propensity, to show,16:40.7(2). 16:40.7(3) PROSTITUTION OFFENCES aggravated offence, where, 11:20.2(2) attempting to procure, 11:20.2 (2) living on the avails, 11:20.2(2) PUBLICATION BAN. See TESTIMONIAL AIDS FOR CHILDREN, Criminal Code special procedures QUESTIONS. See COMPETENCE TO TESTIFY RECANTATION at trial of pre-trial recantation, 8:70 expert opinion evidence re, 16:40.4 prior inconsistent statements. See PRIOR INCONSISTENT STATEMENTS, USE OF REFRESHING MEMORY. See EXAMINING CHILD WITNESS, eliciting evidence IN-17

18 CRIMES AGAINST CHILDREN RELIABILITY generally. See CHILDREN S EVIDENCE, ASSESSING out-of-court statements. See OUT-OF-COURT STATEMENTS, USE OF prior inconsistent statements. See PRIOR INCONSISTENT STATEMENTS, USE OF recantation by child witness SEXUAL ABUSE (See also SEXUAL OFFENCES AGAINST CHILDREN) allegations of other unrelated sexual abuse, 13:10 where collateral and inadmissible, 13:10 collateral evidence rule, 13:10 prohibition on cross-examination re, 13:10 propensity to fabricate, where, 13:10 rebuttal evidence, 13:10 where possibly relevant, 13:20 circumstances re, 13:20 jury instructions, 13:20 reply evidence, rules re reception of, 13:20 behaviours or symptoms, expert evidence re, 10:60 private records. See PRIVATE RECORDS, ACCESS APPLICATIONS victim as witness, 2:20 SEXUAL ABUSE, MEDICAL ISSUES anal findings, 17:50.3 definitive findings, 17:50.3 non-specific findings, 17:50.3 normal findings, 17:50.3 specific findings, 17:50.3 anal injury dating, 17:50.3(1) differential diagnosis of, 17:50.3(2) female children, examination and findings in, 17:50.1 genital findings, significance of, 17:50.1(2) definitive, 17:50.1(2) non-specific, 17:50.1(2) normal, 17:50.1(2) suggestive or specific, 17:50.1(2) genital injuries dating, 17:50.1(3) differential diagnosis for, 17:50.1(4) normal female genital anatomy, 17:50.1(1) IN-18

19 SEXUAL ABUSE, MEDICAL ISSUES continued female genital mutilation, 17:50.5 male children, examination and findings in, 17:50.2 genital findings, 17:50.2(1) genital injuries dating, 17:50.2(2) differential diagnosis, 17:50.2(3) sexually transmitted diseases. See SEXUALLY TRANSMITTED DISEASES SEXUAL HISTORY, RESTRICTIONS ON ADMISSIBILITY, 12:20 admissibility procedure, 12:20.4 application under Criminal Code, s , 12:20.4(1)(a) evidentiary hearing, 12:20.4(1)(b) hearing rules, 12:20.4(1)(b)(i) probative value and prejudice, weighing, 12:20.4(1)(b)(ii) two-stage hearing, 12:20.4(1) consensual and non-consensual sexual activity, 12:20.3(2) constitutionality of provisions, 12:20.2 exclusion of evidence, examples, 12:20.6 fabricated stories of consensual sexual activity, 12:20.8 generally, 12:20.1 jury instruction re use to be made of evidence, 12:20.5 limited admissibility under Criminal Code, s. 276(2), 12:20.7 child s source of sexual knowledge, relevance to prove, 12:20.7(4) complainant s delusion, relevance to prove, 12:20.7(2) complainant s evidence leading to, 12:20.7(7) complainant s pattern of conduct, relevance to prove, 12:20.7(6) consent, belief re, relevance to prove, 12:20.7(1) fabrication motive, relevance to prove, 12:20.7(3) physical condition/evidence, relevance to prove, 12:20.7(5) offences applicable to, 12:20.1 preliminary hearing judge, lack of jurisdiction, 12:20.3(1) prostitutes, application to, 12:20.3(3) purpose of current legislation, 12:20.1, 12:20.2 purpose of rape-shield legislation, 12:20.1 relevance and probative value, 12:20.1 statutory provision, 12:20.1 types of sexual activity applicable to, 12:20.3(2) virginity, evidence of complainant s, 12:30 SEXUAL OFFENCES AGAINST CHILDREN arrangement to commit, 11:20.9 child prostitution, 11:20.2(2) IN-19

20 SEXUAL OFFENCES AGAINST CHILDREN continued child pornography, 11:20.6 corrupting children, 11:20.10 exposing genital organs, 11:20.1(3) female genital mutilation, 11:20.5 generally, 11:10 grooming, 11:10 incest, 11:20.4 invitation to sexual touching, 11:20.1(2) luring young person by means of computer system, 11:20.8 prohibition against sexual relations, 11:20.1 sexual explicit material, making available to a child, 11:20.7 sexual exploitation of person under age 18, 11:20.3 sexual exploitation of person with disability, 11:20.3 sexual interference, 11:20.1(1) sexual relations with child under age 14, 11:20.1 valid consent, where higher threshold required, 11:20.2(1) SEXUAL REPUTATION exclusion of evidence re Criminal Code, s. 277, 12:10 prostitute, where complainant, 12:10 purpose of provision, 12:10 SEXUALLY TRANSMITTED DISEASES assessment of, 17:50.4(3) clinical manifestations, 17:50.4(2) dating, 17:50.4(4) differential diagnosis for, 17:50.4(5) generally, 17:50.4(1) types of, 17:50.4(1) SHAKEN BABY SYNDROME, 17:20.3(3), (5)-(8), 17:20.4(3) offences, 19:80 SUDDEN INFANT DEATH SYNDROME, 17:40 SUDDEN UNEXPECTED DEATH, 17:40 TESTIMONIAL AIDS FOR CHILDREN anatomically correct dolls, 4:20 criticism of, 4:20.1 described, 4:20.1 judicial comments re, 4:20.2 Criminal Code special procedures, 4:30 IN-20 CRIMES AGAINST CHILDREN

21 TESTIMONIAL AIDS FOR CHILDREN continued Criminal Code special procedures continued exclusion of public under Criminal Code, 4:30.2 dismissal of application for, reasons re, 4:30.2(5) judicial discretion, exercise of, 4:30.2(4) maintenance of order, basis for, 4:30.2(2)(b) procedure and evidentiary onus for, 4:30.2(2) proper administration of justice, basis for, 4:30.2(2)(c), (3) public morals, basis for, 4:30.2(2)(a) statutory provisions, 4:30.2(1) exclusion of public under Youth Criminal Justice Act, 4:30.3 statutory provisions, 4:30.2(1) publication ban, 4:30.7 accused, right to ban re self, 4:30.7(5) breach of order, 4:30.7(4) constitutionality of provisions re, 4:30.7(2) discretionary ban, 4:30.7(1) duration of orders re, 4:30.7(3) statutory provision, 4:30.7(1) timing of application, 4:30.7(1) Youth Criminal Justice Act, under, 4:40 statutory provision, 4:30.1 support person of choice, entitlement to, 4:30.4 testifying behind screen or outside courtroom, 4:30.5 accused s right to confront complainant, 4:30.5(5) closed-circuit testimony and location of participants, 4:30.5(7) constitutionality of provision, 4:30.5(2) efficacy of, 4:30.5(1) full and candid account, meaning of, 4:30.5(4) inference of guilt caused by, 4:30.5(8) judicial discretion re, 4:30.5(6) mental disability and, 4:30.5(9) procedure and evidentiary basis for order, 4:30.5(6) recognition of need to assist children in court, 4:30.5(3) statutory provision, 4:30.5(1) video appearance, 4:30.5(10) unrepresented accused and cross-examination of child, 4:30.6 generally, 4:10 videotaped evidence, 4:50 acts complained of, description of, 4:50.6 admissibility, 4:50.8 adoption of contents by witnesses, 4:50.7 adopts, defined, 4:50.7(1) effect of, 4:50.7(2) IN-21

22 TESTIMONIAL AIDS FOR CHILDREN continued videotaped evidence continued pathophysiology of continued procedure for, 4:50.7(2) reliability issue, 4:50.7(1) advantages of, 4:50.1 constitutionality of provision, 4:50.3 disavowal of, 4:50.7(4) editing of, 4:50.8(1) judicial discretion re admissibility, 4:50.8 jury instruction and access, 4:50.10 leading question, use of, 4:50.8 non-adoption of, 4:50.7(4) preconditions for use of, 4:50.2 procedure for admission of, 4:50.4 statutory provision, 4:50.1 weight accorded, factors affecting, 4:50.9 within a reasonable time, meaning of, 4:50.5 Youth Criminal Justice Act provisions, 4:40 exclusion of public order under, 4:30.2(1), 4:30.3, 4:40 publication ban under, 4:40 TESTIMONIAL COMPETENCE. See COMPETENCE TO TESTIFY TESTIMONY, PREPARATION FOR. See WITNESS PREPARATION UNLAWFUL CONFINEMENT elements of offence, 19:70 VICTIM WITNESS SUPPORT PROGRAM, IMPORTANCE OF, 2:40.1 VIDEOTAPED EVIDENCE. See TESTIMONIAL AIDS FOR CHILDREN WITNESS children as witnesses. See CHILD WITNESSES; EXAMINING CHILD WITNESSES competence. See COMPETENCE TO TESTIFY cross-examination of. See CROSS-EXAMINATION OF CHILD WITNESS frozen child witness, 7:30.2 impeaching. See PRIOR INCONSISTENT STATEMENTS, USE OF mentally challenged witnesses, 7:100 preparation. See WITNESS PREPARATION support program, 2:40.1 IN-22 CRIMES AGAINST CHILDREN

23 WITNESS PREPARATION children as witnesses. See CHILD WITNESSES confidence building, 2:40.2 court preparation process, 2:40.2 critical competencies, 2:40.1 cross-examination, for, 2:40.4(2)(c) confidence building, 2:40.4(2)(c) conflicts in evidence, 2:40.4(2)(c) general approaches to, 2:40.4(2)(c) mistaken answers, 2:40.4(2)(c) resistance to misleading questions, 2:40.4(2)(c) examination-in-chief, for, 2:40.4(2)(b) anatomically detailed dolls, 2:40.4(2)(b) basic rules re giving evidence, 2:40.4(2)(b) cognitive interview, 2:40.4(2)(b) free narrative stage, 2:40.4(2)(b) interview aids, 2:40.4(2)(b) open questioning stage, 2:40.4(2)(b) prior statements, familiarity with, 2:40.4(2)(b) question and answer format, 2:40.4(2)(b) specific questions stage, 2:40.4(2)(b) step-wise interview, 2:40.4(2)(b) rapport, building, 2:40.2 skills child requires, 2:40.2 stress management procedures, 2:40.2 testimony preparation, 2:40.2, 2:40.4 competency inquiries, preparing for, 2:40.4(1) cross-examination, for. See cross-examination, for, supra examination-in-chief, for. See examination-in-chief, for, supra general difficulties, 2:40.4(2)(a) giving evidence, preparing for, 2:40.2 victim witness support program, importance of, 2:40.1 IN-23