Restricting the 715.1 Video Statement to Describing "Acts Complained of"
Section 715.1 of the Criminal Codes permits the reception of
a videotaped statement of a complainant or witness under 18 at the time an
offence is alleged to have been committed, provided certain statutory
requirements have been satisfied. The provision does not authorize the
introduction of evidence that offends other admissibility rules. Editing
may be required to ensure compliance with these rules.
Section 715.1 permits the introduction of evidence only to the extent
that the witness or complainant “describes the acts complained of”. References
to other conduct not encompassed by the indictment or to conversations that
form no part of “the acts complained of” are not rendered admissible by s.
715.1.
In R. v. J.A.T., for instance, the Court of Appeal
for Ontario held that the trial judge had erred in admitting the complainant’s
video statement under 715.1 without editing out references to the accused’s
post-offence conduct.
R. v. J.A.T., 2012 ONCA 177 (CanLII), at para. 147, 159.
Criminal Code
Evidence of victim or witness under 18
715.1 (1) In any proceeding against an
accused in which a victim or other witness was under the age of eighteen years
at the time the offence is alleged to have been committed, a video recording
made within a reasonable time after the alleged offence, in which the victim or
witness describes the acts complained of, is admissible in evidence if the
victim or witness, while testifying, adopts the contents of the video
recording, unless the presiding judge or justice is of the opinion that
admission of the video recording in evidence would interfere with the proper
administration of justice. [Emphasis mine].
Stuart O’Connell, O’Connell Law Group
(All rights reserved to author).
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