When the Video Recording under 715.1(1) is not Adopted
When the Video Recording under 715.1(1) is not Adopted In a previous blog entry, I discussed how an out-of-court video statement of a victim or witness under 18 may be admissible if, among other things, its contents are adopted by the witness or victim while testifying. See "The Video Recorded Statement of a Witness under 18" (Stuart O'Connell, April 16, 2017). However, even if the video recording is not adopted under s. 715.1(1), the Crown may still offer it under the principled exception to the hearsay rule. ( The videotaped statement, as an out-of-court statement, offered for its truth, is hearsay). See for instance, R. v. Burk (1999), 1999 CanLII 883 (ON CA), 139 C.C.C. (3d) 266 (Ont. C.A.) Section 715.1 of the Code provides a statutory exception to the admissibility of this particular type of hearsay evidence, but there is also a case law exception which provides for the admissibility of this hearsay evidence where necessity and reliability have bee...