The Crown brought a pre-trial application to admit the hearsay evidence of a 14-year-old complainant in a sexual assault and sexual interference case.
The evidence consisted of video-recorded statements to police and a social worker, and audio-recorded testimony from the preliminary inquiry.
The Crown argued the complainant would suffer psychological trauma if forced to testify at trial.
The court found the evidence met the criteria of necessity and threshold reliability under the principled exception to the hearsay rule.
The court also held that admitting the evidence did not violate the accused's rights under ss. 7 and 11(d) of the Charter, as the accused had a full opportunity to cross-examine the complainant at the preliminary inquiry.
The application was granted.
