Criminal Code of Canada - section 715.1(1) - Evidence of victim or witness under 18

section 715.1(1)

INTRODUCTION AND BRIEF DESCRIPTION

A video recording of a victim or witness who was under the age of 18 at the time of the alleged offence can be used as evidence if the victim or witness adopts the contents of the video during testimony, unless the judge determines it would interfere with justice.

SECTION WORDING

715.1(1) In any proceeding against an accused in which a victim or other witness was under the age of eighteen years at the time the offence is alleged to have been committed, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

EXPLANATION

Section 715.1(1) of the Criminal Code of Canada outlines the admissibility of video recordings in criminal proceedings where the victim or witness was under the age of eighteen at the time the alleged offense was committed. The section allows for a video recording made shortly after the alleged offense that contains a description of the acts complained of by the victim or witness to be admitted as evidence in court. The video recording can be used as evidence if the victim or witness adopts the contents of the video recording while testifying in court. However, the presiding judge or justice has the authority to override the admissibility of the video if they believe it would interfere with the proper administration of justice. This section is particularly important in cases involving child victims or witnesses who may be too traumatized, intimidated, or unaware of their rights to testify in court. The video recording provides an alternative means of obtaining evidence from these individuals while minimizing their exposure to the legal process. Overall, section 715.1(1) of the Criminal Code of Canada seeks to ensure that justice is served in cases involving child victims or witnesses by allowing for the admission of valuable evidence while also protecting the rights and well-being of those impacted by the alleged offenses.

COMMENTARY

Section 715.1(1) of the Criminal Code of Canada is a provision that allows for the admissibility of video recordings made by victims or witnesses who were under the age of eighteen years at the time the alleged offence was committed. The purpose of this provision is to reduce the trauma and stress that victims or witnesses who are minors may face when testifying in open court. The provision allows for the introduction of a video recording in which the victim or witness describes the acts complained of, and the admissibility of the recording is subject to the condition that the victim or witness, while testifying, adopts the contents of the video recording. This means that the victim or witness must confirm the accuracy of the information contained in the video recording while giving evidence in court. One of the advantages of this provision is that it can help reduce the stress and anxiety that victims or witnesses may experience when testifying in court. Testifying in court can be a traumatic experience, especially for young children who may find it difficult to articulate what happened to them. By allowing for the use of video recordings, victims and witnesses can provide their evidence in a more comfortable and familiar setting. The provision also has the benefit of preserving the evidence of victims and witnesses who may be young and could forget important details over time. This is particularly important for cases that may take a long time to come to trial. The use of video recordings means that the evidence of the victim is preserved at the time the events occurred, and can be used to refresh their memory when they are called to testify in court. However, there are also some concerns that need to be addressed when using video recordings as evidence. One of the concerns is the risk of manipulation or coaching by the abuser or perpetrator. This risk can be mitigated by ensuring that the video recording is made within a reasonable time after the alleged offence and that it is made by a trained professional who is not connected to the case. Another concern is the risk of bias. Video recordings may contain only the victim's perspective, and it may not provide a complete picture of the events. This risk can be addressed by ensuring that the video recording is only used to supplement the evidence given by the victim or witness in court. In conclusion, section 715.1(1) of the Criminal Code of Canada is a provision that provides important safeguards for minors who are victims or witnesses in criminal proceedings. It provides an alternative to traditional evidence gathering methods that can traumatize young victims and witnesses. While there are concerns about using video recordings as evidence, these can be addressed by ensuring that appropriate measures are taken to prevent manipulation, coaching, or bias. Overall, this provision serves an important role in ensuring that justice is served, while minimizing the trauma that can be inflicted on young victims and witnesses.

STRATEGY

One strategic consideration when dealing with section 715.1(1) of the Criminal Code of Canada is ensuring that the video recording is admissible as evidence. The admissibility of the video recording is contingent on certain conditions, including the age of the victim or witness at the time of the alleged offence, the time at which the video recording was made, and the victim or witness's testimony adopting the contents of the video recording. Practitioners must carefully evaluate the circumstances surrounding the video recording's creation to determine whether it meets the necessary criteria for admissibility. A second strategic consideration is ensuring that the video recording is presented in a way that is persuasive to the trier of fact. While the video recording provides valuable evidence in cases involving child victims or witnesses, it is not a substitute for in-court testimony. To maximize the video recording's persuasive value, practitioners must present it in a way that is clear, concise, and effective. This may involve introducing the video recording early in the trial to establish the victim or witness's credibility, framing the video recording as a vital piece of evidence, and highlighting key portions of the recording during cross-examination. A third strategic consideration is addressing potential challenges to the video recording's admissibility. Adversarial parties may challenge the video recording's admissibility by arguing that it is unreliable or that it would interfere with the proper administration of justice if admitted as evidence. Practitioners must be prepared to address these potential challenges by gathering evidence to demonstrate the video recording's reliability, arguing that the video recording is necessary to ensure a fair trial, and anticipating and countering opposing arguments. Strategies that could be employed when dealing with section 715.1(1) of the Criminal Code of Canada include: 1. Carefully evaluating the circumstances surrounding the video recording's creation: Practitioners must carefully evaluate the video recording's creation to ensure that it meets the necessary criteria for admissibility. 2. Presenting the video recording in a persuasive manner: Practitioners must present the video recording in a way that is clear, concise, and effective. This may involve framing the video recording as a vital piece of evidence and highlighting key portions during cross-examination. 3. Addressing potential challenges to the video recording's admissibility: Practitioners must be prepared to address potential challenges to the video recording's admissibility by gathering evidence to demonstrate its reliability and arguing that it is necessary to ensure a fair trial. In conclusion, section 715.1(1) of the Criminal Code of Canada provides valuable evidence in cases involving child victims or witnesses. Practitioners must carefully evaluate the video recording's admissibility, present it in a persuasive manner, and be prepared to address potential challenges to its admissibility to maximize its evidentiary value.