Police AssociAtion of novA scotiA 65 Department of Justice du Canada is conducting a comprehensive review and consultation with its provincial/territorial partners and the public to determine the need for further reforms to criminal law and policy, particularly with respect to specific offences against children, children's testimony, and sentencing. The Project is exploring: • adding new child-specific offences to the Criminal Code. Child specific offences under review include: criminal physical abuse of a child, criminal neglect of a child, criminal emotional abuse of a child, child homicide, and failing to report suspected crimes against children. • ensuring that the Criminal Code provisions concerning age of consent are appropriate. The areas under review include raising the general age of consent to sexual activity, and a possible amendment to ensure that a child victim's apparent consent cannot be used as a defence. •ensuring that the Criminal Code contains sentencing provisions to better protect children. Possible modifications currently under review include provisions to: specifically emphasize the importance of denunciation and deterrence of crimes against children; provide the courts with additional tools to require longer-term supervision and mandate the availability of treatment for offenders who pose a continuing danger of re-offending against children; recognize the frequency and seriousness of child abuse in the home and at the hands of parents and caretakers; encourage the courts, when sentencing offenders in these cases, to place less emphasis on an offender's previous good character, since it is not unusual for such offenders to lack a prior criminal record; and require the courts to emphasize the emotional and psychological harms caused to children in assessing the gravity of the offences and the conduct involved. • improving the experience of child witnesses and facilitating their testimony in criminal proceedings. Potential changes under review include: eliminating the required competency hearing for child witnesses; making the use of testimony outside the courtroom or behind screens more widely available; increasing the use of videotaped evidence; changes to the use of hearsay statements; ensuring that delays in the court process do not jeopardize the availability of support for child witnesses; ensuring that supports are available regardless of the type of offence; and ensuring that children are not questioned in ways that are inappropriate to their age and development during cross-examination. Some of the Department's other areas of activity which impact on the issue of child abuse include: • The Supreme Court of Canada has recently upheld the Criminal Code of Canada's possession of child pornography provision. • A Federal/Provincial/Territorial Working Group on Prostitution has been addressing the issue of youth involvement in prostitution through research and consultations in most jurisdictions. The Working Group's report on legislation, policy and practices concerning prostitution-related activities was released in December 1998. • The Department is actively involved in international efforts to prevent trafficking in children and child sexual exploitation. • The family law system and the federal Divorce Act are also important tools for addressing the issue of child abuse. The Department is consulting with Child Abuse: A fact sheet from the Department of Justice Canada Department of Justice Canada Family Violence Initiative ...Family Violence Initiative continued continued...
RkJQdWJsaXNoZXIy MTM0NTk1OA==