Advocates Call for Child-Friendly Reforms in Canadian Courts After Manitoba Case Dismissal
Calls for reform in Canada’s justice system to better support child witnesses have intensified following the dismissal of sexual assault charges against a priest in Manitoba. Advocates argue the system is failing to adequately protect children and ensure their testimony is heard in a trauma-informed manner.
The charges against Arul Savari, a priest in Little Grand Rapids First Nation, were stayed in a Winnipeg courtroom after the nine-year-old victim testified. Savari faced allegations of sexual assault, sexual interference, and forcible confinement. However, inconsistencies in the girl’s testimony led prosecutors to pause the case, highlighting challenges faced by child witnesses.
Barriers to Justice for Child Witnesses
Christy Dzikowicz, CEO of the Toba Centre for Children & Youth, stresses that children face significant hurdles in testifying against offenders. “Most people want offenders held accountable, but the pathway to justice is extraordinarily challenging for children,” she said. Dzikowicz noted that while Manitoba courtrooms have closed-circuit testimony options, they are rarely used, leaving children to testify in intimidating settings.
In this case, the child testified in the courtroom while the accused was present, albeit hidden behind a screen. Dzikowicz argues this arrangement still fails to shield children from the trauma of facing their alleged abuser. “Children understand that person is in the room, which can be very intimidating,” she said.
Advocating for Trauma-Informed Practices
Robin Heald, executive director of the Child Witness Centre in Kitchener, Ontario, criticized the system for not being adequately prepared to handle the unique needs of child witnesses. “A trauma-informed judge must intervene immediately when questions are phrased beyond a child’s developmental understanding,” Heald said.
Both Heald and Dzikowicz advocate for reforms such as closed-circuit testimony and the use of intermediaries or forensic interviewers to make courtrooms less intimidating for children. These methods have been successfully implemented in the United Kingdom and could serve as models for Canada.
Balancing Fair Trials with Child Support
Critics argue that defense attorneys often resist such measures, fearing they may disadvantage the accused. However, advocates believe these approaches ensure a more equitable process by reducing the emotional toll on children, allowing them to provide clear and reliable testimony.
Moving Forward
While the charges against Savari are currently stayed, the RCMP has indicated the investigation remains active. A stay allows prosecutors up to a year to reinstate charges if further evidence emerges.
The case underscores the urgent need for systemic changes in how Canadian courts handle child witnesses. As Dzikowicz stated, “If we’re wanting children to share truth, we need to look at a different approach.”
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Support for Survivors: Resources are available for those impacted by sexual assault. Visit the Ending Violence Association of Canada for a list of local support services, or call 911 in emergencies.
Source : Swifteradio.com
