[1] This is an application made on behalf of a young person for an order under s.683(1)(b)(ii) of the Criminal Code that Gillian Williston and Amy Simpson be examined in a manner prescribed by this Court.

[2] We have heard submissions this morning from both Mr. Mulligan and Ms. Rupert-Bailey as to the efficacy of this procedure.

[3] This matter arises in connection with the prosecution of this young offender for sexual assault. The complainant was Ms. Williston and her friend Ms. Simpson was a witness at trial.

[4] We have material placed before us which indicates that Ms. Simpson has subsequently recanted her evidence and has advised a probation officer that what she told the court was not true. Ms. Williston has been interviewed by a police officer. Although we have no affidavit material, we are told that Ms. Williston has denied that her evidence was not true.

[5] At this stage of the appeal we are persuaded that an order ought to be made under s.683(1)(b)(ii) that Ms. Simpson, who has refused to speak any further to the police and has refused to provide any affidavit material, be examined under oath before a justice of the peace. The question of whether or not Ms. Williston ought to be examined in the same way should be left for another day, once Ms. Simpson's evidence is obtained.

[6] There will be an order in the terms I have set out. This division is not seized of this appeal.

"The Honourable Madam Justice Ryan"