What is the test for reliability in evidence of sexual encounters between young children?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Metropolitan Toronto v. R.M., 1992 CanLII 7756 (ON CJ):
[14] On page 547 [S.C.R.] in The Queen v. Khan, supra, the following comments were made on the issue of reliability: The next question should be whether the evidence is reliable. Many considerations such as timing, demeanour, the personality of the child, the intelligence and understanding of the child, the absence of any reason to expect fabrications in the statement may be relevant on the issue of reliability. I would not wish to draw up a strict list of considerations for reliability nor to suggest that certain categories of evidence (for example the evidence of young children on sexual encounters) should be always regarded as reliable. The matters relevant to reliability will vary with the child and with the circumstances, and are best left to the trial judge.
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