CCEL Study Paper 12 - STUDY PAPER ON SUPPORTING VULNERABLE VICTIMS & WITNESSES

Thus, the Public Prosecution Service of Canada (“PPSC”) prosecutes Criminal Code and federal law offences in the territories.7 Capacity: In the legal context, capacity refers to the ability of a person to enter into a legal relationship in an informed manner, meaning they are able to understand the nature of the decision and appreciate the consequences of the decision to enter into the legal relat. [...] Prosecutorial discretion refers to the use of those powers that constitute the core of the Attorney General’s office and which are protected from the influence of improper political and other vitiating factors by the principle of independence.”10 Rule of Law: Any law proclaimed in Canada must be clear, understandable, rational, objective, and reasonably fit to the purpose of the legislation.11 Fur. [...] Background 1.1 Introduction The Canadian Parliament introduced changes to the Criminal Code16 in 2005 for the purpose of encouraging “the participation of witnesses in the criminal justice system through the use of protective measures that seek to facilitate the participation of children and other vulnerable witnesses while ensuring that the rights of accused persons are respected”. [...] If this happens, the party who challenges the witness’s capacity bears the burden of demonstrating to the court that there is an issue with the proposed witness’s ability to testify.77 When the competency of an adult witness is challenged, the court must inquire as to whether the witness understands the nature of an oath or solemn affirmation and is able to communicate the evidence.78 If the witne. [...] Canadian Centre for Elder Law | Supporting Vulnerable Victims & Witnesses Paper 27 In making an order, a judge will consider: • the age of the witness; • the mental or physical disabilities of the witness, if any; • the nature of the offence; • the witness’s need for security or protection from intimidation or retaliation; • the nature of the relationship between the accused and witness; • the int.