What is the evidence used in the application of the necessity test for a foster child?
Ontario, Canada
The following excerpt is from Chatham-Kent Integrated Children's Services v. L.(C.), 2004 ONCJ 375 (CanLII):
[8] In the application of the necessity test, it is noted that very little evidence was called with regards to A.. At the time, he was apprehended he was four years old. He is now age six. There was limited evidence regarding his personal characteristics and the trauma that might be caused to him should he be called on to testify. His foster mother stated that he was very upset when he repeatedly stated that his mother had called him a faggot. These statements and certain other statements of a sexual nature are the ones that the society seeks to introduce through this application under The Queen v. Khan. Other than this small glimpse into this child’s feelings, the society relies entirely on the child’s age in order to establish that he is too young to come to court.
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