The applicant, charged with sexual assault and surreptitiously making a visual recording, brought a pre-trial motion under s. 278.92 of the Criminal Code to admit five video tapes depicting the alleged offences.
The court found the tapes had significant probative value regarding the complainant's level of consciousness and the timing of events.
To mitigate the substantial risk to the complainant's privacy and dignity, the parties agreed to several limits, including the applicant re-electing trial by judge alone, closing the courtroom when playing the tapes, and using an agreed statement of fact.
The court ruled the tapes admissible subject to these conditions.
