The Crown brought an application under section 715.1 of the Criminal Code for the admission of a video statement from a child complainant in a sexual assault and sexual interference case.
The defence challenged the admissibility, arguing the statement was not made within a "reasonable time" due to a four-year delay between the alleged incident and disclosure.
The court applied a six-factor test to assess the reasonableness of the delay, considering the child's age, relationship to the accused, nature of the offence, developmental stages, and potential external influences.
The court found the delay reasonable, noting that children often delay reporting such incidents and that the delay did not negatively impact the complainant's ability to recall.
The video statement was deemed admissible.
