Understanding the New Justice Canada Report on Children in the Justice System
The Department of Justice Canada has recently published a pivotal research report titled 'Children and the Justice System in Canada: Developmental considerations for enhancing evidence,' authored by leading academics Heather L. Price from Thompson Rivers University, Angela D. Evans from Brock University, and Sonja P. Brubacher from Griffith University's Center for Investigative Interviewing. Released in January 2026, this document synthesizes developmental psychology to guide how the justice system can better elicit reliable evidence from child victims and witnesses, primarily those aged 3 to 12 years old. Children under 12 fall outside the Youth Criminal Justice Act (YCJA), which covers youth aged 12 to 17, making specialized approaches crucial for cases involving abuse, neglect, or other crimes where children are key informants.
This report arrives at a time when public confidence in the youth criminal justice system is waning, with over one-third of Canadians expressing doubts based on recent Justice Canada surveys. It underscores that children's statements are often central to prosecutions, especially in sexual abuse cases, yet systemic stresses like repeated interviews and court appearances can compromise evidence quality. By integrating science-backed practices, the report aims to protect children, improve justice outcomes, and reduce trauma.
Developmental science reveals that children are capable of providing accurate accounts if adults use competent methods. Poor practices, however, can lead to incomplete or distorted reports. The authors emphasize, 'The damage to a child’s evidence that can be done without knowledge and training... cannot be overstated.'
Children’s Role in the Canadian Justice Landscape
In Canada, children interact with the justice system primarily as victims or witnesses rather than offenders under age 12. High-profile inquiries like the 1986 Badgley Report highlighted inadequate responses to child sexual abuse, leading to reforms such as Child Advocacy Centres (CACs). Today, CACs coordinate multidisciplinary services, reducing child trauma and investigation costs—for instance, Calgary's Sheldon Kennedy CAC saves $550,000 annually, while British Columbia's CYACs deliver $5.54 in social and economic value per dollar invested.
Recent statistics show persistent challenges. Disclosure of abuse is often delayed by an average of 14 years, with 74-78% of victims never disclosing during childhood. Recantations occur in 25% of cases but rarely indicate falsehoods. Police-reported youth crime rates, while declining 4% in 2024 to 2,791 per 100,000 youth (from 2,914 in 2023), still reflect underlying issues like violent crime involvement among vulnerable youth, often linked to early victimization. This report bridges gaps by focusing on evidence enhancement for younger children.
For higher education professionals, this underscores opportunities in forensic psychology and criminology programs. Universities like higher-ed-jobs in Canada are seeing demand for experts trained in child development, preparing graduates for roles in policy, CACs, and courts.
Cognitive and Language Development: Foundations for Reliable Testimony
The report details how cognitive abilities evolve, impacting testimony. Executive functions like inhibition and theory of mind strengthen from ages 3-11, aiding resistance to suggestion and accurate recall. Children as young as 3-4 grasp basic truth concepts, improving by age 10 when they reliably promise to tell the truth. However, estimating time, duration, or frequency remains challenging until 10-12 years.
- Ages 3-4: Rudimentary inhibition; basic understanding of ignorance vs. knowledge.
- Ages 5-7: Improved false-belief tasks; better temporal estimates.
- Ages 8-11: Sophisticated mental state attribution; duration accurate by 10-12.
Language development is rapid but prone to miscommunication. Young children use restrictive definitions and struggle with yes/no questions, often guessing. Wh-questions yield more details, while spatial terms like 'touch' confuse (e.g., clothing vs. skin). Maltreatment delays milestones, exacerbating issues. In one study of 95 Canadian cases, wh-questions produced more details and convictions than closed formats.
Researchers at Brock University and Thompson Rivers University highlight that acknowledging these stages prevents 'unjust outcomes' from miscommunication. Programs in developmental psychology equip students for these nuances, with careers in child protection via research-jobs.
The Science of Child Memory and Its Vulnerabilities
Memory in children is reconstructive and subjective, influenced by encoding, storage, and retrieval. The report outlines: incomplete encoding (peripheral details missed), varying strength (stressful events salient), changes over time (fading/interference), and source monitoring development (ages 3-8).
For repeated events like grooming or abuse, children form scripts (fixed details resistant, variables confused). Grooming—befriending, isolating, desensitizing—blurs boundaries, complicating recall. Stress enhances central but impairs peripheral memory; delays cause fading.
Suggestibility peaks in younger children due to poor inhibition; repeated exposure or reinforcement distorts. Open-ended questions post-misinformation acceptance drops to 10% in older kids. Source monitoring questions ('Did it really happen?') mitigate errors.
Quote: 'Children cannot report what they cannot remember.' Academic contributions from Cornell's Ceci & Bruck and Oxford's Baddeley inform these findings, cited extensively.
Disclosure Patterns and Barriers Faced by Child Victims
Children disclose abuse incrementally: 74-78% never during childhood, average delay 14 years (range 2-48). Recantations (25%) stem from fear or pressure, not falsity. Barriers include shame, loyalty conflicts, grooming, and interviewer skepticism. Disclosures go to trusted adults (mothers, avg 2.13 recipients).
Developmentally: Younger (3-4) sensitive to transgressor reaction; older (8-11) confide in peers/teachers. Attitudes toward child reporters reduce credibility, but expert testimony buffers.
University of North Carolina's Malloy and Canadian researchers like Alaggia emphasize supportive environments to reduce recantations. This informs training in social work and psychology departments across Canada.
Photo by Donovan Dean Photography on Unsplash
Best Practices in Child Forensic Interviewing: The NICHD Protocol
The National Institute of Child Health and Human Development (NICHD) protocol structures interviews: introduction (rules/practice), transition, substantive narrative (open-ended 'Tell me what happened'), follow-up wh-/closed. Open-ended yields most accurate/credible details; non-contingent support builds rapport.
Missteps: interrupting narratives, option-posing, repeated same questions. Training with feedback improves adherence. Tele-forensic interviewing matches accuracy, reduces anxiety. Ages 3-4 need concrete wh-; older benefit from silence/minimal encouragers.
Quote: 'Open-ended... improve quality and informativeness.' Pioneered by Cambridge's Lamb et al., adopted in Canada. Griffith's Brubacher contributes to revisions.
Navigating Courtroom Challenges for Child Witnesses
Court stresses children: unfamiliar settings, cross-examination leading questions reduce accuracy by stressing/influencing. Prep helps; alternatives like CCTV, remote testimony, intermediaries proposed (Bill C-2). Doak et al. (Nottingham Trent) critique cross-exam efficacy.
Developmental fit: Younger struggle with rapid questions; scripts perceived less detailed.
The Impact of Child Advocacy Centres in Canada
CACs multidisciplinary model reduces interviews, trauma, costs. US: 33% investigation savings; Canada: proven value. Expansion recommended.
Recent Youth Crime Trends and Developmental Links
While focused on witnesses, context: Youth crime rate fell 4% in 2024 (violent -2%, property -9%). Spikes in homicides, extortion signal needs. Victimization early predicts offending; developmental interventions key.
Academic Contributions and Future Research Directions
Canadian universities drive this field: TRU's Price holds Canada Research Chair; Brock's Evans leads psych research. Ties to UCalgary, Queen's, Carleton. Opportunities for grad students in forensic psych, links to higher-ed-career-advice.
Photo by Andy Holmes on Unsplash
Policy Implications and Recommendations
Report calls for: developmental training for professionals, CAC expansion, cross-exam reforms, continuous disclosure statutes. Aligns with trauma-informed justice.
Stakeholders: Policymakers, educators. For academics, funding for evidence-based protocols.
Careers in Forensic Child Psychology and Criminology
This report highlights demand for experts. Pursue professor jobs in psych/criminology via professor-jobs, research assistant roles at research-assistant-jobs. Rate professors at rate-my-professor for insights. Explore higher-ed-jobs and university-jobs in Canada.