In what circumstances will a court admit that two documents sworn and filed in connection with an application for a protection order contain allegations that the complainant may have been influenced by their mother?

British Columbia, Canada


The following excerpt is from U.S.A. v. U.S., 2012 BCSC 766 (CanLII):

In United States of America v. Acosta (February 7, 2012), Vancouver 25874 (B.C.S.C.), Silverman J. admitted under s. 32(1)(c) two documents sworn and filed in connection with an application brought by the mother of two sexual assault complainants for a protection order in relation to the person sought. Despite the fact that the documents were sworn after the sexual assault allegations made by the children emerged, neither document made reference to these complaints. The two documents were found to raise concerns that the complainants may have been influenced by their mother in bringing forward the allegations. Citing the low threshold level for the admission of evidence which tends to impeach the reliability of the ROC, Silverman J. was satisfied that the evidence should be considered in the mix in determining whether, at the end of the day, the evidence tendered by the requesting state could be said to be manifestly unreliable.

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