The Crown sought to admit the initial hearsay statement of a highly vulnerable complainant with severe cognitive and developmental disabilities, who alleged sexual assault by the defendant while he was working as temporary staff at a group home.
The complainant was unable to testify due to the traumatic effects of a court visit, which caused significant behavioral regression.
The court admitted the statement under the principled hearsay exception, finding both necessity and threshold reliability were established.
The complainant's cognitive profile, emotional vulnerability, and the spontaneous nature of the initial statement to a trusted support worker provided adequate circumstantial guarantees of trustworthiness.
