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1998 Archives > Fall 1998 articles
Recent Amendments Affecting Persons With Disabilities
Penny Bain, LLM
Recent
amendments to the Canada Evidence Act and the Criminal Code
made it easier for persons with disabilities to give evidence
in court and to act as jurors in criminal trials. Related
amendments clarified the Code meaning of consent to sexual
activity by persons with disabilities.
Witnesses
The Canada
Evidence Act amendment to section 6 provides that if a witness
has difficulty communicating by reason of a physical or mental
disability, the court may order that the witness be permitted
to give evidence by any means that enables the evidence to
be intelligible.
Similarly,
if the complainant in certain offences has difficulty communicating
evidence by reason of a physical or mental disability, the
Criminal Code section 715.2 amendment provides that at trial
he or she may adopt as evidence the content of a videotape
made within a reasonable time after the offence.
Jurors
Also,
the Criminal Code section 627 amendment provides that the
judge may permit a juror with a physical disability who is
otherwise qualified to serve as a juror to have technical,
personal, interpretative or support services.
Consent
to Sexual Activity
The amendments
also clarified the Criminal Code provisions relating to the
sexual exploitation of persons with disabilities. A person
who has authority over or on whom the person with a disability
is dependent cannot invite or counsel sexual touching without
consent.
Consent
means voluntary agreement. Consent has not been obtained if:
- the
agreement is expressed by the words or conduct of another
person;
- the
complainant is incapable of consenting to the activity;
- the
accused counsels or incites the complainant to engage in
the activity by abusing a position of trust, power or authority;
- the
complainant expresses, by words or conduct, a lack of agreement
to engage in the activity; or
- the
complainant, having consented to engage in sexual activity,
expresses, by words or conduct, a lack of agreement to continue
to engage in the activity.
Video
Review
The video
Charting New Waters: Responding to Violence Against Women
with Disabilities raises awareness of the issues surrounding
women with disabilities who have experienced violence. The
video is part of a package of support materials to provide
training for professionals working with women with disabilities
who have experienced violence.
It addresses
the need to have workers understand why women with disabilities
are vulnerable, how they can adapt their approaches and procedures
to meet the needs of the women and how to support them in
meaningful, respectful ways.
The video
brings together Criminal Justice workers and disability activists
to discuss three dramatic scenarios portraying women with
disabilities who have or are facing violence in their lives.
The women speak of their experiences and ask the community
to look beyond their disability in understanding what has
happened to them. Each woman is unique. While her disability
is a part of who she is, it does not define her nor will her
individual experience speak for all women with similar disabilities.
Through
the women's stories and information presented it is hoped
that Police, Crown Counsel, Victim Services and others will
take up the challenge to find new and innovative ways to address
the sue of violence against women with disabilities.
Charting
New Waters: Responding to Violence Against Women with Disabilities
is available for loan at BCIFV.
Lynn
Alexander
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