ABSTRACT

As in many countries, the past three decades in Canada have seen major changes in the law and investigative practices, and much improved support for victims and witnesses in the criminal justice system. A more nuanced understanding of the limitations and capacities of victims of crime, in particular those who may be vulnerable (as in cases involving domestic violence, sexual offending or child abuse), has resulted in substantial changes in how the Canadian justice system treats victims and witnesses. Until the 1980s, the law was premised on the view that children and victims of sexual offences were inherently unreliable, and little effort was made to accommodate any witnesses, resulting in inadequate legal responses to domestic violence and child abuse cases. There has also been a substantial increase in the number and complexity of cases involving vulnerable witnesses, following the introduction in 1982 of the Charter of Rights, which augmented the protections and rights afforded to accused persons.