Allowing people to refuse to testify against their spouses is an “obstacle” to getting at the truth in a court of law, according to Canada’s Justice Minister Peter MacKay. He called the present laws outdated as he defended new government legislation at a victims of crime conference in Ottawa on Monday (April 7).
At the moment, under the Canada Evidence Act, spouses can refuse to testify against their partners except in certain specific cases such as sexual assaults or those involving children.
Legislation introduced last week by the Canadian government would remove that right.
Some women’s rights groups are concerned about the impact of forcing women to testify against their abusive husbands.
“I would worry for example that forcing women to testify against abusive spouses could not only dissuade them from reporting crime in the first place, but might put them at greater risk throughout that process,” said Kasari Govender, the executive director of the West Coast Legal Education and Action Fund, in an interview with CBC News.
More information:
Canadian Press – Refusing to testify against a spouse prevents courts from seeking truth; MacKay – here
CBC News – Victims bill of rights would compel spouses to testify – here
Canada Evidence Act (text) – here
Victims Bill of Rights Act, Bill C-32 (text) – here
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