Test for admission of video statement under s.715.1 of the CC

 

For this statement to become evidence at trial, the party tendering it as evidence must establish that the complainant adopted the contents of the videotape while giving evidence at trial.

 

The test for adoption does not require that the witness have a present recollection of the events discussed. The witness need not meet the standard for adoption of a prior inconsistent statement by an adult witness. Under s. 715.1, the statement is adopted if the complainant or witness recalls making the statement and trying to be truthful at the time the statement was made: R v KS, 2017 ONCA 307 at paras 12-13

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Contradictions in a s.715.1 statement

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Contradictions emerging in cross-examination of parts of a video admitted under s. 715.1, do not render the contradicted parts inadmissible. A contradicted videotape may be accorded less weight in the final determination of the issues. It is open to the trier of fact to conclude that the inconsistencies are insignificant and find the video more reliable than the trial testimony: R v Radcliffe, 2017 ONCA 176 at para 40