Annex A

Table 1: Who Prepares the VCRs By Jurisdiction? (n=30/33; 91%)Footnote 27

Table 1: Who Prepares the VCRs By Jurisdiction? (n=30/33; 91%)
Jurisdiction Mental Health ProfessionalsFootnote * of Table 1 Legal Advisers Social Workers Family Justice Professionals OtherFootnote ** of Table 1
BC Yes Yes Yes Yes
AB Yes Yes Yes
SK Yes Yes Yes
MB Yes Yes Yes
ON Yes Yes
NS Yes Yes Yes Yes
PEI Yes Yes
NWT YesFootnote *** of Table 1

Table 2: Other Methods to Include the Voice of the Child by Jurisdiction (n=33/33; 100%)Footnote 28

Table 2: Other Methods to Include the Voice of the Child by Jurisdiction (n=33/33; 100%)
Jurisdiction Other Methods to Obtain the Child/ren’s Voice Who Prepares/Undertakes These Other Methods
BC
  • Children in Mediation: Service, whereby family mediators interview children and bring their views into the mediation process
  • Full S.211 Reports: Evaluative reports that are publicly-funded and provided by the Report Writers
  • Hear the Child Report: lawyer/mental health professional appointed under the Family Law Act. Private practitioners prepare non-evaluative VCRs for a fee.
  • Society for Children and Youth: Children’s lawyers appointed by consent and do not follow the test for the Family Law Act
  • Children may speak directly to a judge under the Family Law Act, although this is not common
  • Family Justice Counsellor Report Writers
  • Mediators
  • Lawyers
AB
  • Judicial Interview
  • Lawyer request to provide a brief summary to the Court
  • Children’s lawyers: Involved as mediators or clinicians
  • Lawyers
  • Clinicians (e.g., Social Workers, Psychologists)
SK
  • Parenting Assessments
  • Family Justice Services staff
MB
  • Parenting Assessment Report
  • Appointment of Amicus on behalf of children: Very rare occurrence
  • Court-appointed family evaluators
  • Legal Aid counsel
ON
  • Child Legal Representation
  • Child Legal Representation with assist
  • Full Evaluative Reports: Children interviewed at length
  • Lawyers
  • Mental health professionals (e.g., social workers, psychologists)
NS
  • Youth obtain legal counsel or have a litigation guardian appointed
  • Parties obtain third-party professionals outside of court, such as counsellors/therapists
  • Child’s Need Assessment
  • Custody and Access Assessments: Assessor provides a recommendation to the parents for a schedule to implement
  • Parental Capacity Assessments: Psychological testing, Child’s Preference
  • Hearsay Rule: A court may make an exception to the hearsay rule and allow a parent to testify about what their child has said about their preferred parenting arrangements. The court will consider whether the evidence is reliable by considering the circumstances under which the child’s statement was made.
  • Guardian ad litem: Specified custody and access reports
  • Judicial Interview
  • Mental Health Assessment for a Child: Include some of the child’s views
  • Court
  • Parties themselves
  • Approved list of assessors
  • Psychologists
  • Social Workers
  • Counsellors
  • Teachers
  • Friends
PEI
  • Clinicians who also complete Views of the Child reports
  • Office of the Children’s Lawyer
NWT
  • Office of the Children’s Lawyer
  • Request for a lawyer for a child or youth: Allows summary advice
  • Child legal representation
NU
  • Court will order Counsel to be appointed for the purposes of advancing the child’s interests in the matter
  • Legal Aid lawyers

Table 3: Case Law Summary Data from All Jurisdictions Across Canada by Selected Variables

Table 3: Case Law Summary Data from All Jurisdictions Across Canada by Selected Variables
Jurisdiction Number of Cases Number of Children Identified Average
Age of Children
(years)
Gender of Children Majority Type of Expert Evidence Identified Majority Type of Service Professionals Testified in Court
F M
BC 72 138 11.45 65
51%
63
49%
Psychologist VCRs 10/60
AB 25 44 10.86 25
60%
17
40%
Psychologist N/A 4/11
SK 14 23 12.48 10
50%
10
50%
Psychologist VCRs 0/12
MB 10 13 12.23 7
58%
5
42%
Other N/A 1/6
ON 113 198 11.30 87
49%
91
51%
s.112 N/A 25/110
QC 1 5 10.8 3
60%
2
40%
N/A N/A N/A
NB 28 62 10.18 35
60%
23
40%
Other VCRs 9/26
NS 13 23 12.77 13
65%
7
35%
Other VCRs 0/14
PEI 1 3 8.67 N/A N/A N/A N/A 0/1
NL 6 8 12.63 5
63%
3
38%
Other Other 0/6
YT 3 6 10 2
67%
1
33%
N/A N/A N/A
NWT 1 5 10.8 3
60%
2
40%
N/A N/A N/A
NU N/A N/A N/A N/A N/A N/A N/A N/A