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The accused was acquitted of child sexual abuse after his police confession was ruled involuntary and unreliable.
The accused was charged with sexual assault and sexual interference of his young daughter.
The Crown's case relied primarily on the child's unusual utterances and the accused's five-hour police statement.
The court found the accused's statement to police was involuntary and wholly unreliable, obtained through a combination of oppressive circumstances, impermissible inducements, and quid pro quos.
The accused, who suffered from obsessive-compulsive disorder, was particularly vulnerable to the Reid technique interrogation employed by police.
The court found a reasonable doubt as to guilt and acquitted the accused.
The court admitted a toddler's hearsay statements and sexualized conduct into evidence under the principled exception.
The court ruled on the admissibility of hearsay statements and conduct of a toddler (30-33 months old) as related by her mother in a trial for sexual assault and sexual interference.
The accused was charged with committing these offences against his daughter over a 98-day period.
The Crown sought to admit the child's statements and conduct under the principled exception to the hearsay rule, relying on the Khan framework.
The court found the evidence necessary and reliable, admitting it for trial.
