On a pre-trial application in a historic child sexual abuse prosecution, the Crown sought admission of the complainant's video recorded police interview under s. 715.1 of the Criminal Code.
The defence argued the recording was not made within a reasonable time after the alleged offences because disclosure occurred nearly three years after the last alleged incident.
The court applied the contextual reasonableness analysis governing delayed disclosure by child complainants, emphasizing the reasons for delay and the impact of delay on memory.
It held the approximately 34-month delay was reasonable in the circumstances and ruled the statement substantively admissible, provided the complainant adopts it at trial.
