Precedent - Notice to Admit Police Statement of Vulnerable Witness

This page was last substantively updated or reviewed January 2023. (Rev. # 92862)

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General

See also: Statutory Hearsay Exception for Victims, Children and Disabled

Notice to Admit Recorded Evidence Under Section 715.1
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] ([name] Region) BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] NOTICE OF INTENTION TO ADDUCE HEARSAY EVIDENCE *(Pursuant to Section 715.1 of the Criminal Code)* WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; TAKE NOTICE that pursuant to the provisions of s. 715.1 of the Criminal Code at the forthcoming trial scheduled for [date], at [time am/pm] upon these charges, the Crown will seek to introduce a video recording THE APPLICANT RELIES ON THE FOLLOWING GROUNDS Section 715.1 authorizes the court to admit a video recording for the truth of its contents under certain preconditions that must be established by the Crown on a balance of probabilities; The purpose of the provision is to make the trial process less stressful and traumatic upon children and adduce a record of the best recollection possible where memories of children fade faster than adults; The admission is permitted where the following requirements are satisfied: the victim or witness is was under the age of 18 at the time of the offence; the recorded statement was "made within a reasonable time after the alleged offence"; the recorded statement "describes the acts complained of"; the recorded statement is adopted by the victim or witness who made it. The trial judge should decline to admit the recording where it would "interfere with the proper administration of justice"; A voir dire must be conducted before the admission of the evidence in order to "ensure that the statement conform to the rules of evidence" and that it complies with s. 715.1: see R v RAH, 2017 PECA 5 (CanLII) at para 23; The timing requirement of the statement is to ensure reliability of the statement; STATEMENT TO POLICE The statement at issue is about [duration] in length; [alleged victim] is the alleged victim and was born [month and year]; [alleged victim] gave a video statement on [date]. In that statement [alleged victim] stated that the accused: summarize the allegations that consist of the "acts complained of" ... It is anticipated that [alleged victim] will testify and adopt the contents of the recording; REQUIREMENTS OF SECTION 715.1 The assessment of reasonableness between the acts alleged and the disclosure to police is a fact-driven analysis. Factors to be considered include amongst other things, the age of the child, the relationship of the child to the accused, the length of time and the frequency of the offence, the seriousness of the offence, any developmental stages which the child may have gone through as well as any evidence that something might have happened during the time period which may have influenced the statement or negatively impacted the reliability of the statement: RAH, at para 42 The Supreme Court of Canada in R v L(DO), [1993] 4 S.C.R. 419 endorsed a 5 month delay in reporting by a child, noting that there is a tendency of children to delay disclosure. Other cases have also found periods exceeding one year to be possible. See RAH at paras 33 to 42 for discussion. ... Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: Video recording of an interview with [victim/witness]; transcript of the video recording; [SET OUT the other documents and transcripts upon which the applicant relies upon] [Set out the exhibits that were filed as part of the testimony] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order of this Court authorizing the applicant to tender a copy of the video recording for the truth of its contents in compliance with s. 715.1 of the Criminal Code, subject to the following redactions or qualifications: redactions of ... FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] [Internal File Coding]