Is there a presumption that the testimony of a child is always less reliable than that of an adult?
British Columbia, Canada
The following excerpt is from R. v F.M, 2020 BCSC 120 (CanLII):
There is no longer a presumption that the testimony of children is always less reliable than that of adults, and that corroboration is required: R. v. W.(R.), 1992 CanLII 56 (SCC), [1992] 2 S.C.R. 122, at para. 24. W.R. also notes that it could be wrong to apply adult tests for credibility to the evidence of children: para. 25. The standard which would be applied to an adult's evidence is not always appropriate in assessing the credibility of young children: R v. F. (C.C.), 1997 CanLII 306 (SCC), [1997] 3 S.C.R. 1183, at para. 48. However, in W.(R.) McLachlin J. further stated:
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