July 9, 2024 – Impact of Trauma on Testimony

“During the trial, the Mother was interruptive and was clearly upset.  When questioning the Father and C.C., she often made long statements instead of asking questions.  She made meritless objections which were essentially her objecting on the basis that what the witness was saying was not true and giving her side.  She wept sometimes, and on one occasion left the hearing altogether.

In my view, the Mother has suffered extreme trauma caused by IPV, false allegations made against her, and losing her Child and financial stability in an instant.  She feels that her lawyers, the legal system and the judges she has appeared before have not heard her, and that she has been treated unfairly.  It is my assessment that her interruptions and conduct during the trial were her attempt to advocate for herself and her Child.  This was her last stand and she wanted to be heard.

People who have endured extreme trauma, who are unrepresented, who are stressed from financial insecurity and who are in general distress, will not be able to present in the same manner as those who are not.  Courts must look beyond the impacts of trauma on the witness when assessing their conduct, reliability and credibility.”

            T.P. v. A.E., 2021 ONSC 6022 (CanLII) at 75-77