The appellant appealed a conviction for sexual assault, arguing the trial judge erred by failing to inquire into a three-year-old child's capacity to testify before admitting the mother's hearsay evidence.
The Supreme Court of Canada dismissed the appeal.
Assuming without deciding that the trial judge erred, the Court held that the evidence was such that it was a proper case to apply the curative proviso in s. 686(1)(b)(iii) of the Criminal Code.
