Forensic Interviewing

The goal of the forensic interview is to use techniques to gather accurate and extensive memory recall about abuse while limiting the impact of trauma on the child or youth. Forensic interviews are the cornerstone of a child abuse investigation.

Many evidence-based interview models exist. There is no one interviewing model or technique that is considered to be ‘the best’. Common principles underlie each model.

Here are two examples of Forensic interviewing practice in Canadian Centres.

A Blended Model of Forensic Interviewing is practiced at the Sheldon Kennedy Child Advocacy Centre, Calgary, where interviews are conducted by law enforcement or specially trained forensic interviewers.

Dr. Sarah MacDonald with the SKCAC since 2017 provided the following information about their practice.

  • At the Sheldon Kennedy Child Advocacy Centre (SKCAC), interviews are conducted with children as young as 3 years old up to age 17. Special considerations are taken with preschoolers and interviewers are cognizant of their shorter attention span, language abilities, and developmental considerations.
  • All forensic interviews are audio/video recorded. This preserves the child/youth’s statement and documents the demeanor displayed in the interview. Recording of the interview reduces the number of times a child needs to tell their story.
  • Most forensic interviews at the SKCAC are conducted by Calgary Police Services and the RCMP. Many of the police officers have extensive experience and significant expertise in the area.
  • Sarah MacDonald, a Forensic Psychologist, upon request, conducts forensic interviews for Calgary Police, RCMP, and on occasion, for other police organizations in Southern Alberta. She is trained in the NICHD protocol, NCAC Advanced Forensic Interviewing and StepWise guidelines.
  • At SKCAC, two Children’s Services assessors provide forensic interview services as part of their role on the Joint Investigative Child Abuse Team (JICAT). Both have extensive interviewing experience. The addition of these new forensic interviewer roles, with Sarah’s position, has shifted the Centre’s approach towards a blended model of forensic interview practices (i.e., interviews are conducted by law enforcement or specially trained forensic interviewers). All forensic interviewers are required to participate in training prior to completing interviews with children
  • All forensic interviews, whether conducted by law enforcement or a forensic interviewer, are monitored by a police officer, typically the primary investigator on the file. This allows for the interviewer to take breaks to consult with law enforcement and to ensure all criminal elements are covered off.
  • Interviewers (law enforcement and forensic interviewers) at the SKCAC participate in an in-house peer review session every month. An interview is brought forward by a member who identifies a 15-20 minute section they have struggled with (e.g., perhaps the transition from introduction to the reason why the child is there). After that section is played for the group, all members have the chance to provide feedback and ideas. Peer review is essential for maintaining skills and is beneficial for all who attend.
  • Sarah notes that Joint training in forensic interview best practices facilitates inter-agency collaboration and fosters an understanding of each other’s roles in a child abuse investigation.

Best practice forensic interview training is established in the literature to be narrative based.

Forensic Interviewing at Snowflake Place, Winnipeg, Manitoba

Cheryl Martinez, Executive Director of Snowflake Place describes Forensic Interviewing at their Centre.

Specialist skills and training:

Two highly skilled and experienced forensic interviewers, core staff of Snowflake Place, conduct child victim and witness interviews.  They participate in multiple trainings and learning activities to enhance their knowledge and skills in best practice child forensic interviewing.  They have developed an internal process for peer review and self-review of transcripts and video recordings of interviews to further develop and strengthen their skills. They also participate in a structured peer review process with an external reviewer with expertise in child interviewing.

Collaborative process:

Police throughout Manitoba refer children to Snowflake Place for interviews.  Interviews are scheduled through a collaborative process with police, child and family services and victim services.  The forensic interviewer positions complement the investigative process through provision of neutral, unbiased and high quality child interviews that support the criminal proceedings for child abuse cases.  The specialization of the interviewers benefits the children and youth who receive their service and also police and child and family services workers who learn from observing their interviews.  The interviewers provide presentations to partner agencies on their role at Snowflake Place and best practices in child interviewing.  Cheryl reports a positive response from the crown prosecutors noting consistency in technique, style and quality of interviews.

In British Columbia, the Child & Youth Advocacy Centres Working Group is currently working on Best Practices in Forensic Interviewing.

Resources that can be utilized to build capacity and skills in forensic interviewing include:

  • Webinars provided by BOOST
  • Peer Review services provided by professionals
  • Conferences such as: San Diego International Conference, Crimes Against Children Conference (Dallas); The International Symposium on Child Abuse (Alabama), and the International Investigative Interviewing Research Group Conference (rotating location).
  • The CALIO Library hosted by the NCAC (https://calio.org/); A professional child maltreatment resource collection that provides access to published knowledge and educational materials.

Further Reading 

Brubacher, S., Roberts, K., Cooper, B., Price, H. Barry, L., Vanderloon, McKenzie. (2018). A Nationwide Survey of Child Interviewing Practices in Canada. Canadian Journal of Criminology and Criminal Justice Volume 60 Issue 1, January 2018, pp. 34-68. https://utpjournals.press/loi/cjccj

This study surveyed 200 professionals who interview children in Canada about the guidelines and techniques they use, their perceptions of their training and interviewing arrangements, and the needs and challenges they face in daily practice.

National Children’s Advocacy Center. (2016). Position paper on documenting forensic interviews. http://calio.org/images/position-paper-documenting-fi.pdf

Newlin, C., Steele, L.C, Chamberlin, A., Anderson, J., Kenniston, J., Russell, A., Vaughan-Eden, V. (2015). Child Forensic Interviewing: Best practices. In Juvenile justice bulletin (pp. 1-17). Office of Juvenile Justice and Delinquency Prevention website: https://www.ojjdp.gov/pubs/248749.pdf

This bulletin consolidates the current knowledge of professionals from several major forensic interview training programs on best practices for interviewing children in cases of alleged abuse.

A “Virtual” CYAC – Yukon model

Although Project Lynx does not have a centre or a single dedicated child friendly space, we do have an established Multidisciplinary Team (MDT) and refer to our project as a “virtual” CYAC. We have many of the best practice standards in place including enhanced child friendly spaces in RCMP detachments, witness rooms in court buildings, and meeting spaces where CYAC partners meet with young victims and witnesses. Our MDT meets regularly to coordinate, track and review files from Victim Services or another partner organizations, and uses video technology to connect with service providers in remote and rural communities to provide support and case updates.

Courthouse Facility Dogs

The use of courthouse facility dogs is an increasingly popular aid in providing support for children and youth involved in the justice process. The dogs help provide reassurance and have a calming affect on young victims and witnesses during their court testimony, in forensic interviews, medical exams, meetings with the prosecutor, and while waiting to testify. There is abundant anecdotal evidence and numerous testimonials as to their effectiveness in supporting witnesses, although formal research in this area has yet to be published.

Rachel Braden, London Family Court Clinic, Kim Gramlick, Delta Police Victim Services, and Barbara McIntyre, Boost CYAC, provided information and photographs of their Facility Dogs, for this article.

The following are key points on how specially trained courthouse facility dogs are presently used in Canada and the US. See below for links to organizations, articles and also case law about their use.

The Canadian Experience

In recent years, there has been a growing acceptance in Canadian courts for facility dogs to provide support for child, youth and vulnerable adult witnesses. In 2014, the first dog to officially support a young witness while testifying was “Hawk” from the Calgary Police victim services unit. Soon after, “Wren” an accredited service dog from the Zebra Child Advocacy Centre, Edmonton, was permitted by the court to support a child witness. “Caber” from Delta Police Services BC has a long resume. In an oral judgement the Court in Surrey, BC noted that Caber, as an accredited assistance dog, trained by the Pacific Assistance Dog Society, was an appropriate animal to assist a witness. (R. V. JLK [2015] B.C.J. No. 1055). The Supreme Court of British Columbia, allowing an application pursuant to s. 486.7 of the Criminal Code, noted that the presence of service dogs such as Caber has a calming influence, and allows witnesses to “effectively communicate the evidence without creating interference or distraction”. (R. V. Marchand, [2016] B.C.J. No. 1912). (See attached oral ruling)

(Attached is Caber’s resume)

Vulnerable adult witnesses have also benefitted from the support of a courthouse dog. In Brampton, Ontario the Court noted the right of victims to request a testimonial aid under s.13 of the Canadian Victims Bill of Rights – “Gordon” was considered a type of testimonial aid. (R. V. C.W [2016] O.J. No. 5647).

Since 2015 there have been numerous other examples of dogs supporting young and vulnerable witnesses in courtrooms across the country. Courthouse Facility dogs have been highlighted by the media in their own communities.

Many Child Advocacy Centres are waiting for dogs to complete training and become part of their support team. Training of these dogs can take up to two years, and the dogs are essentially trained from birth.

The following Canadian organizations provide specialized training and accreditation for dogs: Pacific Assistance Dogs Society (https://pads.ca/contact/). National Service Dogs (http://www.nsd.on.ca/). Dogs with Wings (https://dogswithwings.ca/). The Mira Foundation (http://www.mira.ca/fr/).

Courthouse Facility Dogs – In sum

  • Although there is no specific section in the Criminal Code at the present time, applications for a court facility dog to support a witness have been made under s. 486. Also, the Canadian Victims Bill of Rights, s. 13, providing victims with the right to request testimonial aids, has been used in support of applications.
  • Terms are used somewhat interchangeably to describe Courthouse dogs including: Service Dog, Facility Dog, Courthouse Facility Dog or, Court Support Dog. It is generally agreed that the term Therapy Dog should not be used.
  • There is general agreement about standards of behaviour including: dogs must be unobtrusive in the courtroom or testimony room; must be able to remain still and calm for several hours; and, must not react when a witness becomes emotionally distressed. The majority of CAC/CYACs have chosen professionally trained, accredited dogs.
  • The courthouse facility dog typically sits at the feet of the witness during testimony.
  • The child will meet the dog at least once, and usually two or more times, before the court date.
  • Most handlers are professionals in the justice system, and have received training for this role. Handlers should be skilled in working with vulnerable victims, have familiarity with the legal system and aware of appropriate courtroom behaviour.

 

The US Experience

Courthouse facility dogs have been used for many years in the United States, supporting young and vulnerable adult victims and witnesses during their involvement in the justice process.

In 2015, Arkansas became the first state to pass legislation allowing child witnesses to be accompanied by a certified facility dog while testifying. Arizona, Florida, Hawaii, Idaho Illinois and Oklahoma recently enacted similar legislation.

Courthouse Dogs Foundation, the largest organization in the US, strongly recommends that facility dogs used in the court environment should be professionally trained, certified, and come from an accredited service dog agency. Their comprehensive website includes training standards and CAC’s best practice document.

http://www.courthousedogs.com

Training standards for courthouse dogs can be reviewed at

www.assistancedogsinternational.org.

Courthouse facility dogs across Canada (2018)

There is a fast growing number of courthouse facility dogs in organizations across Canada. Many organizations are awaiting dogs to complete their training and become part of the support team. Here is a current list:

Alberta
Bonnyville RCMP Victim Services (Dogs With Wings)
Calgary Police Service (PADS)
Camrose Police Services (Dogs With Wings)
Chinook Arch Victim Services (Dogs With Wings)
Lethbridge Corridor Victim Services (Dogs With Wings) 
Medicine Hat Police Victim Assistance (Dogs With Wings)
Sheldon Kennedy Child Advocacy Center, Calgary (2 dogs from Dogs With Wings)
Zebra Child Protection Centre, Edmonton (1 dog from PADS, 1 dog from Dogs With Wings)

British Columbia
Delta Police Victim Services (PADS)
Cranbrook and Kimberley RCMP Victim Services (PADS)
Langley RCMP Victim Services (PADS)
Penticton Summerland RCMP Victim Services (PADS)
Robson Valley Support Society, McBride (PADS)
Vancouver Police Department (PADS)

Manitoba
Manitoba Justice – Victim Services (PADS)

Nova Scotia
SeaStar Child and Youth Advocacy Center (PADS)

Ontario
Boost Child & Youth Advocacy Centre, Toronto (2 dogs from National Service Dogs)
Koala Place CYAC Cornwall (National Service Dogs)

Kingston Police Force (National Service Dogs)
London Family Court Clinic (National Service Dogs)

Quebec
Child Protective Services, Longueuil (Mira)
Quebec Provincial Police (2 dogs from Mira)
Sherbrooke Police Force (Mira)

Saskatchewan
Moose Jaw Police Services (PADS)
Regina Police Services (PADS)
SE Regional Victim Services (PADS)

https://courthousedogs.org/dogs/where/where-canada/

Additional reading

Dellinger, Marianne. 2008-09. Using Dogs for Emotional Support of Testifying Victims of Crime. Animal Law 15:171-192.

Ha, James and McConnell, P. Facility Dogs (2017)

The Best Practice for Assisting Vulnerable People in the Legal System

http://courthousedogs.org/wp-content/uploads/2017/12/Facility-Dogs-in-the-Legal-System.pdf

London Family Court Clinic: Courthouse Facility Dogs (2017)

www.lfcc.on.ca/wp-content/uploads/…/April-Monthly-Topic-Courthouse-Dog.pdf

McDonald, Susan., & Rooney, Lara. (2014). Let’s “Paws” to Consider the Possibility: Using Support Dogs with Victims of Crime. http://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rd7-rr7/p4.html

Best Practice Guidelines for Canada

Over the past several years, there has been extensive work done by the National Network of Child Advocacy Centres/Child & Youth Advocacy Centres to develop Best Practice Guidelines for Canada. In order to complete this work, Boost Child & Youth Advocacy Centre is coordinating expert working groups for each of the guidelines, with members who have knowledge and expertise with a CAC/CYAC model and, experience working with a Multidisciplinary Team.

The goal is to finalize the Best Practice Guidelines. The role of the groups is to review the current guidelines and make any necessary changes based on practice, research and policy.  The guidelines were presented at the National Meeting in Ottawa in March and will be finalized later in the year.

The role of the groups is to review the current guidelines and make any necessary changes based on practice, research and policy.
The goal is to finalize the Best Practice Guidelines, and present them at the National Meeting in Ottawa this March.
Justice Canada has commissioned a literature review to ensure the guidelines are based in current research.