Conviction appeal from charges including aggravated assault. Crown witness provided a videotaped statement to police. The witness then married the accused before trial (in breach of a no contact order). Trial judge granted Crown application to admit videotaped statement for its truth. Issue regarding spousal privilege.
Held: Appeal dismissed.
“Admitting a statement given before marriage into evidence under the principled exception can hardly be thought to have undermined the prospect of martial harmony when the Appellant married her full aware that she gave the statement. Indeed, one might infer that perhaps Aaron was hoping marriage might have an exclusionary effect. That is hardly a policy of the law of criminal evidence that we would support.”
P. Royal, J. Kerber –