The Crown sought to introduce a video statement of the complainant made 6.5 years after the alleged sexual offences committed by her father, pursuant to s. 715.1 of the Criminal Code.
The court considered whether the statement was made within a 'reasonable time' given the lengthy delay.
Balancing the complainant's aboriginal status, age at the time of the offence, trauma, and the quality of the recorded memory against the accused's right to a fair trial, the court found the statement admissible.
The court noted that the trial process and cross-examination would provide sufficient safeguards for the accused.
