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Showing posts with the label Entering into evidence the taped testimony of a child complainant or a person who has difficulty communicating evidence by reason of a disability

Entering into evidence the taped testimony of a child complainant or a person who has difficulty communicating evidence by reason of a disability

Sections 715.2 and section 715.1 are statutory exceptions to the hearsay rule, permitting an out-of-court statement to be admitted for the truth of its contents. Section 715 permits reception of a video-recorded statement describing the relevant events by a person in a prescribed class of witness.  The section is divided into two subsections. Each deals with a different category of witness. Section 715.1 pertains to witnesses under the age of 18 at the time of the offence. Section 715.2 pertains to witnesses who have a disability that makes it difficult to communicate evidence. The Purpose behind the Provisions The intention behind section 715.1 is to preserve the evidence of children who might not otherwise recall events that took place months or years before and also to remove the need for them to repeat their story many times, both in an out of court. House of Commons Debates, 36th Parl., 1st Sess., No. 57 (11 Feb 1998) at 3743. The intention of Parliament in introd...