The appellant doctor was charged with sexually assaulting a three-and-a-half-year-old child during a medical examination.
At trial, the judge ruled the child incompetent to give unsworn testimony and excluded her statements to her mother as hearsay, resulting in an acquittal.
The Court of Appeal ordered a new trial.
The Supreme Court of Canada dismissed the appeal, holding that the trial judge erred in applying the strict test for sworn evidence to unsworn testimony under section 16 of the Canada Evidence Act.
Furthermore, the Court established that hearsay statements of children may be admitted if they meet the requirements of necessity and reliability.
