The Discretion to Exclude the Section 715.1 Videotape Statement
Section 715.1 is a statutory exception to the rule that hearsay is inadmissible. It permits an out‑of‑court statement to be admitted for the truth of its contents, provided that certain conditions are met. Specifically, the complainant must be under 18 years of age, the video must have been made within a reasonable time following the alleged offence, the complainant must describe the acts complained of and, while testifying, adopt the contents of the videotape. The Need for a Voir Dire Prior to the introduction of a videotaped statement under s. 715.1, a voir dire must be held in order to review the contents of the tape to ensure that the statements within it conform to the rules of evidence. At this stage, the trial judge may exercise his or her discretion to exclude part or the whole of the videotaped statement if prejudice from its admission would outweigh its probative value. See R. v. L.(D.O.), 1993 CanLII 46 (SCC); R. v. F. (C.C.), [1997] 3 ...