A History of Canadian Sexual Assault Legislation
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Evidence of Child |
The Criminal Code, 1892, S.C. 1892, c. 29, s. 685.[Evidence not under oath of child in certain cases.]685. Where, upon the hearing or trial of any charge for carnally knowing or attempting to carnally know a girl under fourteen or of any charge under section two hundred and fifty-nine for indecent assault, the girl in respect of whom the offence is charged to have been committed, or any other child of tender years who is tendered as a witness, does not, in the opinion of the court or justices, understand the nature of an oath, the evidence of such girl or other child of tender years may be received though not given upon oath if, in the opinion of the court or justices, as the case may be, such girl or other child of tender years is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth. 2. But no person shall be liable to be convicted of the offence, unless the testimony admitted by virtue of this section, and given on behalf of the prosecution, is corroborated by some other material evidence in support thereof implicating the accused. 3. Any witness whose evidence is admitted under this section is liable to indictment and punishment for perjury in all respects as if he or she had been sworn. 53 V., c. 37, s. 13 Criminal Code, R.S.C. 1927, c. 36, s. 1003.[Evidence of child not under oath received in certain cases.]1003. Where, upon the hearing or trial of any charge for carnally knowing or attempting to carnally know a girl under fourteen or of any charge under section two hundred and ninety-two for indecent assault, the girl in respect of whom the offence is charged to have been committed, or any other child of tender years who is tendered as a witness, does not, in the opinion of the court or justices, understand the nature of an oath, the evidence of such girl or other child of tender years may be received though not given upon oath if, in the opinion of the court or justices, as the case may be, such girl or other child of tender years is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth. 2. No person shall be liable to be convicted of the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution, is corroborated by some other material evidence in support thereof implicating the accused. 3. Any witness whose evidence is admitted under this section is liable to indictment and punishment for perjury in all respects as if he or she had been sworn. R.S., c. 146, s. 1003. Criminal Code, S.C. 1953-54, c. 51, s. 566.[Unsworn evidence of child.]566. No person shall be convicted of an offence upon the unsworn evidence of a child unless the evidence of the child is corroborated in a material particular by evidence that implicates the accused. Criminal Code, R.S.C. 1970, c. C-34, s. 586.[Unsworn evidence of child]586. No person shall be convicted of an offence upon the unsworn evidence of a child unless the evidence of the child is corroborated in a material particular by evidence that implicates the accused. 1953-54, c. 51, s. 566. Criminal Code, R.S.C. 1985, c. C-46, s. 659.[Unsworn evidence of child]659. No person shall be convicted of an offence on the unsworn evidence of a child unless the evidence of the child is corroborated in a material particular by evidence that implicates the person. R.S., c. C-34, s. 586. An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 15.[Repealed. Statute came into force in 1987.] |
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