Ontario, Canada
The following excerpt is from Re Catholic Children’s Aid Society of Metropolitan Toronto and R.H. (An Infant), 1980 CanLII 1540 (ON CJ):
[7] The text then goes on to say: The court’s position [that is, in Udy v. Stewart] on this point was that this defect goes to competency and not just to weight. That result may be too harsh. Unless the handicap of a witness is such that his mental or intellectual capacity totally negates his ability to relate what he saw, then his evidence should be received and any extenuating circumstances should be considered a matter of weight and credibility . . . as, of course, opposed to competency.
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