Examining or cross-examining children or victims of violence in civil matters

Before the courts in civil matters, a person may decide to represent themselves, without a lawyer. They may therefore directly question the other party or a child.

The court may prevent a self-represented person from examining or cross-examining the other party or a child if there is a context of sexual violence or family violence, including domestic violence.

In youth protection matters, it can also prevent a child from being examined or cross-examined by a self-represented parent, even in cases that do not involve violence.

The goal of these measures is to ensure that children and victims of sexual violence and family violence, including domestic violence, are able to give testimony in court in a climate of safety and trust. These measures also prevent children from being placed in situations of conflict of interest with their parents.

• In civil cases, such as family matters, whether you’re represented by a lawyer or not, you may make this application prior to or during the court proceedings.
• In youth protection matters, either the lawyer representing the Director of Youth Protection or the lawyer representing the child may make the application to the court.

If no such request is made, the judge may order that a lawyer be appointed if they are informed of a situation that prevents a party from conducting the examination or cross-examination themselves.

The examination or cross-examination will be conducted by a lawyer appointed by the Commission des services juridiques.

The Commission des services juridiques is responsible for providing a lawyer to the self-represented person free of charge solely for this portion of the proceedings, regardless of the person’s financial means.

This lawyer’s role is to act as the self-represented party’s spokesperson for the sole purpose of conducting witness examination or cross-examination in accordance with the party’s instructions. At no time does this lawyer have a mandate to represent the party or provide legal services.

For any questions about the process or your own situation, please consult a lawyer.

For legal aid and services if you are a victim of domestic or sexual violence, visit: CSJ Rebâtir (rebatir.ca).