K.W., a young person charged with sexual assault, brought an application to admit expert evidence from a forensic psychologist, Dr. Ilacqua.
The evidence concerned K.W.'s intellectual functioning and susceptibility to suggestive questioning, aiming to assess the reliability and admissibility of a statement K.W. made to the victim's mother, L.G., under the duress provision of the Youth Criminal Justice Act (YCJA) s. 146(7).
The court granted the defence application, finding Dr. Ilacqua qualified and his opinion relevant and necessary to understand K.W.'s vulnerabilities and the potential for duress, given a broad interpretation of "duress" under the YCJA for statements made to non-persons in authority.
