Majority
The judgment of the Court was delivered orally by
McLachlin J.
McLachlin J. ‑‑ This is an appeal as of right. Assuming without deciding that the trial judge erred in failing to inquire into the capacity of the child to testify, we are all of the view that the evidence is such that this is a proper case for the application of the provision in s. 686(1)(b)(iii) of the Criminal Code .
Judgment accordingly.
Solicitors for the appellant: Shadley, Melançon & Boro, Montréal.
Solicitor for the respondent: Lori Renée Weitzmann, Montréal.