On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses, and may also arise for adults with cognitive impairment. Alberta legislation about competence has not kept pace with modern knowledge about children’s abilities, and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication.
Publications
Competence and Communication in the Alberta Evidence Act, Final Report 111
On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. [...]
Competence and Communication in the Alberta Evidence Act, Report 27
On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. [...]
