Intertesting Case - Child's Advocate Role

[logicalvelocity]

An interesting case in regards to the role of the child's advocate.

Basically the role of the advocate is defined. The advocate shall not be a witness in the case.

http://www.canlii.org/yk/cas/yksc/2004/2004yksc60.html

LV

[Jeff]

That's a great find - thanks!

[logicalvelocity]

Jeff,

I thought it was interesting as it really defined the role of the children's lawyer - to be an advocate and not a witness in a case.

Paragraph 23 and 24

[23] Since 1992, child advocates have not filed written reports. Rather, they have followed the more traditional role of a lawyer representing a client, whether the child is capable of giving instructions not.

[24] The rule that counsel for children cannot give evidence, despite the relaxation of evidentiary rules in cases involving children, has a solid foundation. The Code of Conduct of the Canadian Bar Association, 1987, and the Code of Professional Conduct of the Law Society of Yukon, both state that the lawyer should not offer evidence and become a witness in a court case. The reason is clear. Once the lawyer gives evidence, he or she may be subject to cross-examination in the same manner as a witness. The lawyer may then no longer effectively advocate for the child. There may be circumstances where this rule is relaxed somewhat with the consent of counsel and the Court. See Strobridge v. Strobridge, [1994] O.J. No. 1247 (O.C.A.).