A SURVEY OF CANADIAN JUDGES ABOUT THEIR MEETINGS WITH CHILDREN: BECOMING MORE COMMON BUT STILL CONTENTIOUS

Abstract

This article reports on a study of the views and experiences of 62 Canadian judges with judicial interviews of children in family cases. There has been an increase in this practice in the past five years, with more than half of the judges reporting some experience. There is variation in its use, with Quebec judges having more experience. Although the practice remains controversial, most judges who interview children find this a useful practice, but there are differences in approach to such issues as confidentiality and recording. The authors conclude that this practice should be encouraged, but there is a need for clearer guidance about the practice and more education for judges and lawyers.