The Crown applied under s. 6(2) of the Canada Evidence Act to allow the complainant, who has a severe mental disability, to testify with the assistance of a communication intermediary in a sexual assault trial.
The court found that the complainant met the threshold for testimonial capacity and had difficulty communicating due to her disability.
The court granted the application, finding the intermediary's assistance necessary and reliable to facilitate a full and candid account while respecting the accused's right to a fair trial.
