Crown application under s 9(2) of the Canada Evidence Act (CEA) to cross-examine complainant about previous statements to police.

Held: s 9(2) application denied.

CLS, 2011 MBQB 12 reviewed the principles regarding s 9(2) CEA applications. The right of cross-examination is not automatic, but refusal to allow it is rare. Voluntariness concerns are relevant but not determinative. In this case, police coerced the complainant’s statements: “police questioning [was] plagued by an interrogation … using leading questions and putting words into her [the complainant’s] mouth.” Further, the complainant was seriously injured at the time of making the statements but “police were more interested in obtaining a statement from her than having regard for her well-being.” In the unique circumstances here, “the statement was not voluntary, reliable or trustworthy … the Defence has satisfied me on the balance of probabilities that … allowing the Crown to cross-examine would bring the administration of justice into disrepute.”

J. Salimi – Defence Counsel