Can a child witness provide unsworn testimony in a sexual assault case?

Ontario, Canada


The following excerpt is from R. v. D.B., 2006 CanLII 40488 (ON SC):

Where a child witness provides unsworn testimony such evidence cannot be said to be inherently unreliable. Otherwise, a negative stereotype improperly supplants abolition of the corroboration rule in the testimonial competence regime. The testimony of a child witness is to be understood with an eye to common sense as exactitude and detail may be missing from a child’s recall as the world is experienced differently from an adult: B.(G.) v. The Queen (1990), 1990 CanLII 7308 (SCC), 56 C.C.C. (3d) 200 (S.C.C.) at 219-220 per Wilson J.; Marquard v. The Queen (1993), 1993 CanLII 37 (SCC), 85 C.C.C. (3d) 193 (S.C.C.) at 201 per McLachlin J. (as she then was).

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