In this opinion, the author pointed out that when examining the legal aspects related to the child’s situation in court proceedings, it should be noted that the child plays three roles: victim, witness, and perpetrator of violence. Procedural guarantees in Canada are based on the Convention on the Rights of the Child. Its regulations apply to all areas of a child’s life in which their rights may be questioned. Canadian law includes references to the child’s best interests, the child’s right to freely express his/her views in all matters concerning him/her, the right of a child separated from his/her parent to maintain personal relations with both parents, and the principle of joint responsibility of parents for the child’s upbringing and development.
The Convention contributed to the recognition of the child as a legal subject. In Canada, the specificity of the legal system is that regulations regarding children’s participation in court proceedings are passed at two levels: federal and provincial. However, there are some common factors, such as the best interests of the child.
Taking into account the above, Dr. Ilona Grądzka undertook an analysis of Canadian legal solutions that concern the rules of a child’s participation in court proceedings in connection with the provisions of the Convention.
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