What is the test for admitting or denying an allegation of sexual assault in a sexual assault case?

19 In Ward Spence, J. in referring to Boudreau v. The King 1949) 94 C.C.C. l, wrote: I have emphasized the last sentence in Rand J.'s statement to indicate that in my view the examination of whether there was any hope of advancement or fear of prejudice moving the accused to make the statements is simply an investigation of whether the statements were "freely and voluntarily made". In my view, there is a further investigation of whether the statements were freely and voluntarily made even if no hope of advantage or fear of prejudice could be found in consideration of the mental condition of the accused at the time he made the statements to determine whether or not the statements represented the operating mind of the accused. In my view, Manning J. engaged in a consideration of both the mental and physical condition of the accused, firstly, to determine whether a person in his condition would be subject to hope of advancement or fear of prejudice in making the statements, when perhaps a normal person would not, and, secondly, to determine whether, due to the mental and physical condition, the words could really be found to be the utterances of an operating mind. Manning J. had a reasonable doubt of both issues and, therefore, found the statements to be inadmissible. It is not denied that a reasonable doubt on the part of the trial judge upon the issue is sufficient ot justify his refusal to admit the statements in evidence. (emphasis added) (S.C.R., p. 40;)