The Crown brought a pre-trial motion in a first-degree murder case to admit hearsay statements and video-recorded police interviews of the deceased's eight-year-old daughter.
The child witnessed a struggle between the accused and her mother, during which she heard her mother say 'let me go' and the accused reply 'wait, wait, wait, wait'.
The court ruled the mother's statement admissible as a res gestae spontaneous utterance and under the principled exception to the hearsay rule.
The accused's statement was admitted as a party admission.
The court also admitted the child's video statements under s. 715.1 of the Criminal Code, subject to editing, and granted testimonial aids including testimony via closed-circuit television with a support person and support dog.
