WARNING: This article may concern those who have experienced sexual violence or know someone who has.

Advocates for child victims and witnesses say Canada’s justice system has a lot of work to do to make it fairer and more child-friendly.

The calls come after sexual assault charges against a Little Grand Rapids First Nation priest were stayed in a Winnipeg courtroom Wednesday, a day after the nine-year-old girl at the center of the case testified against him.

Christy Dzikowicz, executive director of the Toba Center for Children & Youth — an advocacy center focused on children who have suffered physical or sexual abuse — said she could not comment specifically on this week’s case, but that in general , a long time ago. lingering questions about how and where children testify.

“I think most people in society…want offenders to be held accountable if and when crimes are committed against children, and right now the path to getting there is extremely difficult for children.” , she said.

“We’re having a hard time getting kids to come forward.”

Manitoba courtrooms can offer closed-circuit testimony, but Dzikowicz said to his knowledge it has never been used in a case where a child must testify.

This week, when the nine-year-old girl testified in the Manitoba Court of King’s Bench in the trial of Arul Savari, the priest sat in the courtroom, but behind a screen that prevented the girl from see him.

Dzikowicz maintains that this is not a child-friendly initiative.

“The reality is if you’ve been hurt by someone, or potentially hurt by someone, and you know they’re in the same room as you… kids understand that person is in the room, and that can be very intimidating,” she said.

Savari was charged with sexual assault, sexual interference and false imprisonment in Little Grand Rapids First Nation, a remote First Nation located about 265 kilometers north of Winnipeg. He had pleaded not guilty to the charges.

The girl held a stuffed animal in her arms as she testified Tuesday, the first day of her trial. The allegations she made against Savari included that he took off her clothes, told her he loved her, touched her legs and stomach, and kissed her during an incident in 2023.

Savari’s lawyers raised questions about some of the girl’s allegations, saying there were inconsistencies in the girl’s accounts.

Defense lawyer Tom Rees instead suggested that none of the things the girl claimed actually happened, in a series of questions to which the child repeatedly responded with a soft “yes.” .

Judge Shawn Greenberg suggested the girl was confused by the way the questions were phrased, leading to her being asked to leave the courtroom as lawyers and the judge discussed how best to phrase the questions. questions in a way she can understand.

On Wednesday, during what was supposed to be the second day of his judge-alone trial, Crown prosecutor Danielle Simard said Greenberg’s prosecutors made the decision to stay the charges after carefully reviewing the evidence following the testimony of the young girl.

Robin Heald, executive director of the Child Witness Center in Kitchener, Ontario. – an organization that supports children and their families who are victims or witnesses of crime – believes the court failed the child.

“When we talk about children in particular, they present at different ages and stages of development, and that doesn’t make them worse witnesses,” said Heald, whose organization supports children and their families in through the legal system. from the investigation phase to court.

“This means that a trauma-informed judge must intervene as soon as the question is phrased in a way that is not appropriate for that child’s age and stage, so that that child does not have a stumbling answer .”

Heald herself is a child victim and witness, who was cross-examined on the stand twice in her youth. She said she knows how difficult it is for a child to speak publicly about an incident that has caused them so much “fear and worry.”

Like Dzikowicz, Heald believes ideas such as closed-circuit or remote testimony – which her southern Ontario center has – need to be expanded across the country, but she understands it’s not close to be a reality.

Many defense attorneys may be quick to object, but she says it would make cross-examination fairer and more comfortable for children.

Dzikowicz agrees.

“If we want children to share the truth, we need to consider a different approach,” she said. British courts, for example, use intermediaries who ask children questions, Dzikowicz said.

“There are countries that use forensic investigators, much like we do in child advocacy centers,” she said.

On Tuesday, RCMP said the investigation into Savari “is still ongoing at this time.”

A stay of charges means that even if the charges are not officially withdrawn, they are not being brought before the court at this time. The province has one year from the date the charges were stayed to reinstate them.

WATCH | Children are not prepared to succeed in the justice system, advocates say:

Advocates say children are not prepared to succeed in the justice system

Advocates for child victims and child witnesses say our justice system still has a long way to go to make it fair and child-friendly. This comes after charges were stayed yesterday against a priest accused of sexually assaulting a young girl.

For anyone who has been sexually assaulted, support is available through crisis lines and local support services through Canadian Association to End Violence Database. ​​If you are in immediate danger or fear for your safety or that of others around you, please call 911.