P-34.1 - Youth Protection Act

Section 85.1 Disposition versions

2007-07-09

85.1. A child under 14 years of age is presumed to be competent to testify. The child may not be sworn in or make a solemn affirmation, but, before receiving the child’s testimony, the tribunal shall have the child promise to tell the truth. The testimony has the same effect as if the child had taken the oath. Such testimony does not require corroboration.

If a party expresses a doubt as to the child’s competence to testify, the party must convince the tribunal that the child is not able to understand and answer the questions. The tribunal itself shall question the child to determine whether or not the child is competent to testify.

A child declared not competent to testify may not testify.

1989, c. 53, s. 8; 1994, c. 35, s. 51; 2006, c. 34, s. 55.

1994-09-01

85.1. Any child 14 years of age or over is competent to testify under oath unless, because of his physical or mental condition, he is not in a fit state to report the facts known to him. The same applies to any child under 14 years of age who, in the opinion of the tribunal, understands the meaning of an oath.

1989, c. 53, s. 8; 1994, c. 35, s. 51.

1989-10-01

85.1. Any child fourteen years of age or older is competent to testify under oath or after making a solemn affirmation unless, because of his physical or mental condition, he is not in a fit state to report the facts known to him. The same applies to any child under fourteen years of age who, in the opinion of the tribunal, understands the meaning of an oath or solemn affirmation.

1989, c. 53, s. 8.