The Crown brought applications pursuant to sections 540(7) and 486.2(1) of the Criminal Code seeking to admit a video-taped statement of an 11-year-old witness and to permit the witness to testify via closed-circuit television.
The defendant was charged with assault and mischief arising from incidents on August 20, 2016.
The witness had provided a statement to police describing witnessing the defendant assault his mother and assault him when he attempted to call 911.
The court admitted the statement under section 540(7), finding it met the threshold of reliability despite the officers' lack of training in child interviews.
The court also granted the Crown's application for closed-circuit television testimony under section 486.2(1), finding it preferable to a screen given the witness's age, relationship to the defendant, and the nature of the allegations.