Post by litigator on Mar 12, 2007 10:49:41 GMT -5
A little background: R v Khan was a case that went before the supreme court in 1989. This case was seen as the precedent setter for the admission of hearsay evidence from children to avoid having them testify. Although it was a criminal case, Khan applications are brought by CAS workers in virtually every child protection trial where they are seeking to introduce statements made by your child to their workers. In actuality, the child does not ever have the chance to see what is being presented on their behalf in court. The children who are the subject of these proceedings never have their true wishes made known to the courts but rather what the office of the Children's Lawyer and the CAS claim the child's wishes are.
Voir Dire examinations are conducted before trial. Generally they consist of the CAS applying for a khan exception to get the child's unsworn statements admitted at trial.
What this means for parents in cases where there are allegations of sexual abuse by CAS workers is that when your child is interviewed by CAS workers at the intake level his/her statements to that worker are read in court. A number of serious problems are present for you.
1. The CAS does not interview children on video or audio tape.
2. The CAS workers use leading and suggestive questioning methods on children to elict the information as they want to hear it.
3.Because there is no record of this interview you have no way of determining if in fact the child made these allegations or the CAS worker spoon fed them to your child.
4. You are denied the opportunity to cross examine the child's evidence or challenge it as the child will not be present at trial for you to do so.
If you would like further info contact me directly. If you have an upcoming trial or may end up at trial you should be aware of the arguments against khan applications and hearsay evidence
Voir Dire examinations are conducted before trial. Generally they consist of the CAS applying for a khan exception to get the child's unsworn statements admitted at trial.
What this means for parents in cases where there are allegations of sexual abuse by CAS workers is that when your child is interviewed by CAS workers at the intake level his/her statements to that worker are read in court. A number of serious problems are present for you.
1. The CAS does not interview children on video or audio tape.
2. The CAS workers use leading and suggestive questioning methods on children to elict the information as they want to hear it.
3.Because there is no record of this interview you have no way of determining if in fact the child made these allegations or the CAS worker spoon fed them to your child.
4. You are denied the opportunity to cross examine the child's evidence or challenge it as the child will not be present at trial for you to do so.
If you would like further info contact me directly. If you have an upcoming trial or may end up at trial you should be aware of the arguments against khan applications and hearsay evidence