(Canada Evidence Act, s. 16.1)

(Last revised June 2012)

[1]              You have heard the testimony of (NOW). He/she promised to tell the truth when s/he gave his/her evidence. His/her promise to tell the truth has the same effect as an oath or affirmation.

[2]              When you consider this evidence, take into account (NOW)’s ability to recall events, to understand questions and to give reliable answers.

[3]              A child may perceive the world differently from adults and may not be complete and accurate when describing details such as time and place. This does not necessarily mean that the child has misconceived essential matters. Remember, you must carefully assess the credibility of every witness including the testimony of (NOW).

(Where the evidence gives rise to serious concerns about the reliability of a child’s evidence, the following discretionary warning may be appropriate:[100] )

[4]              You may rely on the evidence of (NOW) if you are convinced he/she is telling the truth. You are not required to find evidence that confirms or supports (NOW)’s testimony. However, due to (review the evidence and the circumstances giving rise to the concern, such as: immaturity, inability to answer questions, inconsistent statements etc.), there are dangers in relying on the evidence of (NOW) to convict (NOA) without some evidence that could confirm or support what he/she says. Whether or not there is confirming evidence, it is for you to decide what weight to give to (NOW)’s evidence.

(Summarize the evidence which could confirm (NOW)’s evidence.)