On motion of Marlene Jennings, it was agreed on division, — That Bill C-20, in Clause 26, be amended by replacing lines 11 to 22 on page 23 with the following:
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16.1
(1) A person under fourteen years of age is presumed to have the capacity to testify.
(2) Despite any provision of any Act requiring an oath or a solemn affirmation, a proposed witness under fourteen years of age shall not be required to take an oath or make a solemn affirmation.
(3) The evidence of a proposed witness under fourteen years of age shall be received if they are able to understand and respond to questions.
(4) A party who challenges the capacity of a proposed witness under fourteen years of age has the burden of satisfying the court that there is an issue as to their capacity to understand and respond to questions.
(5) Where the court is satisfied that there is an issue as to the capacity of a proposed witness under fourteen years of age to understand and respond to questions, the court shall, before permitting them to give evidence, conduct an inquiry to determine whether they are able to understand and respond to questions.
(6) The court shall, before permitting a proposed witness under fourteen years of age to give evidence, require them to promise to tell the truth.
(7) No proposed witness under fourteen years of age shall be asked any questions regarding their understanding of the nature of the promise for the purpose of determining whether their evidence shall be received by the court.
(8) For greater certainty, where the evidence of a witness under fourteen years of age is received by the court, it shall have the same effect as if it were taken under oath.”