During a domestic assault trial, the complainant recanted her allegations against her husband.
The Crown brought an application under section 9(2) of the Canada Evidence Act to cross-examine her on a prior inconsistent statement given to police.
The statement had been taken in Punjabi and translated into English by a bilingual police officer who was not a certified interpreter.
The court found that the officer accurately and contemporaneously documented the statement verbatim, and ruled that the Crown had met its onus to prove the statement was reduced to writing.
