Testimony under Section 715.2

Section 715.2 of the Criminal Code makes admissible the videotaped statement of a witness with a mental or physical disability if, in part, “the victim or witness, while testifying, adopts the contents of the video recording.”

 

The witness “adopts” a prior statement if he recalls giving the statement and testifies that he was, at the time of giving the statement, attempting to be truthful. There is no requirement that the witness have an independent, present recollection of the subject matter of the statement: R v Osborne, 2017 ONCA 129.