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The Court of Appeal upheld the finding that taking a child’s hand to the accused’s genitals could amount to invitation to sexual touching, but stayed that count under Kienapple.
The court granted the Crown's applications: SM shall testify outside the courtroom by reliable CCTV in the presence of a support person and the entirety of SM's January 13, 2020 videotaped police statement is admissible under s.715.1 because all statutory prerequisites were satisfied (SM under 18, tape made within a reasonable time, tape describes the acts, and SM is expected to adopt it) and admission does not interfere with the proper administration of justice or unfairly prejudice the accused given available safeguards and the judge-alone context.
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