Under Section 486.2 of the Criminal Code of Canada, child witnesses (under 18) testifying in sexual assault or serious federal criminal cases have the right to testify behind a screen or via closed-circuit television (CCTV). This prevents the traumatizing experience of facing the accused directly in the courtroom.
Testifying in a criminal trial is intimidating for any adult, but for a child, it can be a deeply traumatic ordeal. 👧 In Canada, the justice system recognizes that forcing a minor to make eye contact with their alleged abuser can cause severe psychological harm and prevent them from giving accurate testimony. To combat this, federal law provides specific courtroom accommodations.
These protections are not automatic in every single case, but they are highly encouraged by judges across the country. 💬 If your child has been subpoenaed to testify in a Canadian court, it is perfectly normal to feel overwhelmed by the legal system. Reaching out to a local criminal law firm from our directory can help your family understand your rights and ensure the Crown prosecutor applies for these vital protections.
Step-by-Step Process in Canada
Whether the trial is happening at the Superior Court of Justice in Toronto, the Court of King’s Bench in Calgary, or a local provincial courthouse in British Columbia, the procedure for protecting a child witness is standardized under federal law. 📍
Step 1: The Crown Makes an Application
Before the trial begins, the Crown prosecutor will file an application under Section 486.2 of the Criminal Code. 📄 They will formally request that the child be allowed to testify from outside the courtroom (via CCTV) or behind a physical screen. The defence lawyer representing the accused is given a chance to review this application.
Step 2: Judicial Approval at the Courthouse
The presiding judge must approve the request. 👮 Under Canadian law, for witnesses under the age of 18, the judge shall grant the order unless they believe it would somehow severely interfere with the proper administration of justice. In almost all cases involving children, the judge will readily approve the use of a screen or video link.
Step 3: Setting Up the Technology
If CCTV is used, the child will sit in a separate, quiet room inside the courthouse, accompanied by a designated support person. 📺 A camera feeds their testimony live to the courtroom monitors. If a physical screen is used, a large partition is placed around the witness box so the child cannot see the accused, and the accused cannot see the child, though the judge and jury can see everyone.
Step 4: Cross-Examination Protections
During a trial, the accused has the constitutional right to cross-examine their accuser. 🗣 However, under Section 486.3, if the accused is representing themselves (without a lawyer), the judge will strictly forbid them from personally cross-examining a child witness. Instead, the court will appoint an independent lawyer specifically to ask the child questions, ensuring the minor is not harassed by the accused.
How Much Does it Cost in Canada?
As a victim or witness, you do not pay for these courtroom accommodations. However, if you are defending against allegations, the costs are substantial. As of May 2026, typical costs in CAD include: 💵
- Victim Services: $0 CAD. The Crown and local victim/witness assistance programs coordinate the screen and support person for free.
- Independent Counsel Appointment: $0 CAD to the victim. If the court appoints a lawyer to cross-examine the child because the accused has no counsel, the government covers this cost.
- Criminal Defence Lawyer Fees: $15,000 to $50,000+ CAD. If you are the accused fighting an indictable offence, hiring an experienced lawyer is a major financial investment.
How Long Does the Process Take?
The Canadian justice system moves slowly. ⏳ From the time charges are laid to the actual trial date, it generally takes 12 to 24 months. The application for a screen or CCTV is usually filed a few months before the trial begins, and the child’s actual testimony usually lasts between one and three days depending on the complexity of the case.
Frequently Asked Questions (FAQ)
Can an adult witness use a screen?
Yes, but it is much harder to get. While it is almost guaranteed for children under 18, adults must prove to the judge that testifying without a screen would cause significant trauma or prevent them from giving a full and candid account of the events.
Does using a screen prejudice the jury?
No. Canadian judges are required to instruct the jury that the use of a screen or CCTV is a standard procedure and they must not draw any negative conclusions about the accused’s guilt just because the child was protected.
What is a support person?
Under Section 486.1, a judge can allow a trusted adult (like a parent, social worker, or victim services worker) to sit directly next to the child while they testify to provide emotional comfort, provided this person is not also a witness in the trial.
Can the accused hear what the child is saying?
Yes, absolutely. The screen only blocks the visual sightline between the child and the accused. The accused, their defence lawyer, the judge, and the jury will hear every single word the child says over the courtroom audio system.
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