Evidence

Evidence can come in the form of something called an affidavit, a written document that says what a party thinks are the facts of the case. It can come in the form of an agreed statement of facts, filed if all parties agree about the facts, or some of the facts, of the case.

In a child protection hearing, the Ministry or FNCFS Agency must show evidence that a child is in need of protection and, in an apprehension case, at risk of serious harm. To do this, the Ministry or FNCFS Agency begins by filing one or more affidavits. These affidavits could be from case workers, supervisors, specialists or community members. If those affidavits do not contain enough evidence of a need for protection and/or serious harm, that may be the end of the matter and no order will be made. Otherwise, if you and the Ministry or FNCFS Agency disagree about the facts, oral evidence (witnesses who testify under oath) is usually required through a summary hearing.

Witnesses at a summary hearing or at a trial could include parents, case workers, supervisors, specialists, community members or leadership and community supports. If required, the Ministry or FNCFS Agency will usually call witnesses first, followed by any witnesses you want to call. Depending on the age of the child, the court may also want to hear the wishes of your child. Often, evidence of a child will be heard without them having to testify. Instead, it will come in the form of written evidence or a report. The court might also allow someone to testify about what a child told them, rather than having the child personally testify.

Summary trials are meant to be simplified so there will not be days and days of evidence. Full trials (required for all permanent or long-term orders) are usually much longer, with many more witnesses.