The Crown appealed the accused's acquittal on a charge of sexual assault against a developmentally challenged adult.
At trial, the judge ruled that the complainant was not competent to testify under section 16 of the Canada Evidence Act because she could not understand the duty to speak the truth.
The trial judge also excluded the complainant's hearsay statements to her teacher and the police, finding them unreliable.
The Court of Appeal dismissed the appeal, holding that the trial judge's competence ruling was entitled to deference and that Parliament had intentionally created different competence standards for children under 14 and adults with developmental disabilities.
The court also found no error in the trial judge's exclusion of the hearsay statements.
