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Annex A

Table 1: Who Prepares the VCRs By Jurisdiction? (n=30/33; 91%)^{Footnote 27}

Table 1: Who Prepares the VCRs By Jurisdiction? (n=30/33; 91%)
Jurisdiction	Mental Health Professionals^{Footnote * of Table 1}	Legal Advisers	Social Workers	Family Justice Professionals	Other^{Footnote ** of Table 1}
BC	Yes		Yes	Yes	Yes
AB	Yes	Yes	Yes
SK	Yes		Yes	Yes
MB	Yes			Yes	Yes
ON	Yes		Yes
NS	Yes		Yes	Yes	Yes
PEI	Yes		Yes
NWT			Yes^{Footnote *** of Table 1}
Table 1 footnotes Footnote * of Table 1 Some jurisdictions separate social workers from psychologists when referring to mental health professionals. Return to footnote * referrer of Table 1 Footnote of Table 1 Other refers to The Aulneau Centre and trained individuals without specifying who they are. Return to footnote referrer of Table 1 Footnote * of Table 1 Note that social workers in the Northwest Territories currently do not carry out VCRs but it is anticipated that, in the future, social workers will prepare VCRs. Return to footnote * referrer of Table 1

Table 2: Other Methods to Include the Voice of the Child by Jurisdiction (n=33/33; 100%)^{Footnote 28}

Table 2: Other Methods to Include the Voice of the Child by Jurisdiction (n=33/33; 100%)
Jurisdiction	Other Methods to Obtain the Child/ren’s Voice	Who Prepares/Undertakes These Other Methods
BC	Children in Mediation: Service, whereby family mediators interview children and bring their views into the mediation process Full S.211 Reports: Evaluative reports that are publicly-funded and provided by the Report Writers Hear the Child Report: lawyer/mental health professional appointed under the Family Law Act. Private practitioners prepare non-evaluative VCRs for a fee. Society for Children and Youth: Children’s lawyers appointed by consent and do not follow the test for the Family Law Act Children may speak directly to a judge under the Family Law Act, although this is not common	Family Justice Counsellor Report Writers Mediators Lawyers
AB	Judicial Interview Lawyer request to provide a brief summary to the Court Children’s lawyers: Involved as mediators or clinicians	Lawyers Clinicians (e.g., Social Workers, Psychologists)
SK	Parenting Assessments	Family Justice Services staff
MB	Parenting Assessment Report Appointment of Amicus on behalf of children: Very rare occurrence	Court-appointed family evaluators Legal Aid counsel
ON	Child Legal Representation Child Legal Representation with assist Full Evaluative Reports: Children interviewed at length	Lawyers Mental health professionals (e.g., social workers, psychologists)
NS	Youth obtain legal counsel or have a litigation guardian appointed Parties obtain third-party professionals outside of court, such as counsellors/therapists Child’s Need Assessment Custody and Access Assessments: Assessor provides a recommendation to the parents for a schedule to implement Parental Capacity Assessments: Psychological testing, Child’s Preference Hearsay Rule: A court may make an exception to the hearsay rule and allow a parent to testify about what their child has said about their preferred parenting arrangements. The court will consider whether the evidence is reliable by considering the circumstances under which the child’s statement was made. Guardian ad litem: Specified custody and access reports Judicial Interview Mental Health Assessment for a Child: Include some of the child’s views	Court Parties themselves Approved list of assessors Psychologists Social Workers Counsellors Teachers Friends
PEI	Parenting Arrangement Assessments: Evaluative Office of the Children’s Lawyer provides child legal representation Child Protection file reports: Include statements children made to child protection	Clinicians who also complete Views of the Child reports Office of the Children’s Lawyer
NWT	Office of the Children’s Lawyer Request for a lawyer for a child or youth: Allows summary advice	Child legal representation
NU	Court will order Counsel to be appointed for the purposes of advancing the child’s interests in the matter	Legal Aid lawyers

Table 3: Case Law Summary Data from All Jurisdictions Across Canada by Selected Variables

Table 3: Case Law Summary Data from All Jurisdictions Across Canada by Selected Variables
Jurisdiction	Number of Cases	Number of Children Identified	Average Age of Children (years)	Gender of Children		Majority Type of Expert Evidence Identified	Majority Type of Service	Professionals Testified in Court
Jurisdiction	Number of Cases	Number of Children Identified	Average Age of Children (years)	F	M	Majority Type of Expert Evidence Identified	Majority Type of Service	Professionals Testified in Court
BC	72	138	11.45	65 51%	63 49%	Psychologist	VCRs	10/60
AB	25	44	10.86	25 60%	17 40%	Psychologist	N/A	4/11
SK	14	23	12.48	10 50%	10 50%	Psychologist	VCRs	0/12
MB	10	13	12.23	7 58%	5 42%	Other	N/A	1/6
ON	113	198	11.30	87 49%	91 51%	s.112	N/A	25/110
QC	1	5	10.8	3 60%	2 40%	N/A	N/A	N/A
NB	28	62	10.18	35 60%	23 40%	Other	VCRs	9/26
NS	13	23	12.77	13 65%	7 35%	Other	VCRs	0/14
PEI	1	3	8.67	N/A	N/A	N/A	N/A	0/1
NL	6	8	12.63	5 63%	3 38%	Other	Other	0/6
YT	3	6	10	2 67%	1 33%	N/A	N/A	N/A
NWT	1	5	10.8	3 60%	2 40%	N/A	N/A	N/A
NU	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A

Date modified:: 2023-06-15