What is the test for admissible testimony in a sexual assault case?

Ontario, Canada


The following excerpt is from RUFFUDEEN v COUTTS, 2016 ONSC 3359 (CanLII):

Justice Sherr concluded in Brown v. Pulley, at paras. 109-110 as follows: It would be dangerous, not only for this case, but for other cases involving child statements, to lower the threshold reliability standard to the degree that child statements made in such flawed circumstances would be admissible. It would make the threshold reliability test virtually meaningless. There would be a real risk that cases could be incorrectly decided on highly unreliable evidence. This court has to make a critical decision for these children. It is important that it base this decision on reliable evidence. [The witness’] evidence about the children's statements is found to be inadmissible.

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