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Qualifying and Challenging Expert Evidence
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Qualifying and Challenging Expert Evidence

Eric V. Gottardi, Jennifer A. MacLellan, Michael Lacy, Robin Flumerfelt
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
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Expert evidence is a powerful force in the administration of justice in Canada. The testimony of an expert can influence the court’s perception of a fact or a suspect, often impacting the outcome of a trial. It is therefore crucial that all members of the criminal justice system participate in the rigorous qualification, preparation, and examination of expert evidence.

Qualifying and Challenging Expert Evidence is an essential guide for legal practitioners and expert witnesses participating in a criminal trial. Applicable to Crown, defence counsel, and the judiciary, this handbook uses clear and concise language to address all aspects of expert witness testimony from start to finish.

Authored by a respected team of cross-national legal experts, Qualifying and Challenging Expert Evidence integrates varied perspectives to achieve a balanced, engaging, and comprehensive approach unmatched by any other resource. It maintains a practical focus while weaving strategic guidance with an analysis of case law and the relevant provisions of the Criminal Code and the Canada Evidence Act.

Ranging from psychiatry to forensics and from pathology to technology, this resource will prepare legal practitioners for the procedural, tactical, and strategic elements of qualifying and challenging expert witnesses in criminal cases.

This text is Volume 15 in Emond’s Criminal Law Series.

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  • ISBN/ISSN: 978-1-77462-323-7
  • Status: Available
  • Cover: Softcover

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  • ISBN/ISSN: 978-1-77462-324-4
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ISBN
978-1-77462-323-7
Page Count
346
Publisher
Emond Publishing
Publication Date
April 2022
Status
Available
Subjects
Criminal Law and Procedure; Criminal Law Series; Evidence and Investigation
Tags
Practice Canadian Law

  • Practical checklists, flow charts, case tables, and other quick-reference materials

  • Annotated extracts of the Criminal Code and Canada Evidence Act

  • Sample CFS Report and explanation

  • Cross-national author team representing both Crown and defence perspectives

  • Focus on process, strategy, and tactics pertaining to expert witness testimony

  • Detailed analysis of specific types of expert evidence within the fields of medicine, law enforcement, science, technology, and sociology.

PART I: Principles and Procedure

  1. General Principles

    1. Overview

    2. Qualification of an Expert

    3. Duty of an Expert

    4. The Courts’ Shifting Attitude Toward Expert Evidence

    5. Admissibility of Expert Opinion Evidence

    6. Canada Evidence Act

    7. Conclusion

  2. Preparing for Trial

    1. Introduction

    2. When to Get an Expert

    3. Choosing and Retaining the Right Expert

    4. The Report

    5. Preparing the Witness

  3. Avenues for Challenging Experts

    1. Introduction

    2. Stage One: Admissibility

    3. Stage Two: Scope of Opinion

    4. Stage Three: Weight

    5. Conclusion

  4. Trial Issues

    1. To Qualify or Not

    2. Qualifying the Expert

    3. Direct Examination of the Expert Witness

    4. Cross-Examining the Expert

    5. Jury Instructions

    6. Conclusion

  5. Sentencing Issues

    1. Introduction

    2. Sentencing of Adult Offenders

    3. Youth Criminal Justice Act Dispositions and Expert Evidence

    4. Sentencing Issues: Gladue Reports

    5. Sentencing Issues: Race and Culture

PART II: Specific Types of Expert Evidence

  1. Medical Professionals

    1. Forensic Pathology

    2. Forensic Psychiatry

    3. Forensic Psychology

    4. Sexual Assault Evidence Kits

  2. Police Experts

    1. Overview

    2. Common Grounds for Challenging Expert Police Witnesses

    3. Specific Types of Police Experts

    4. Bloodstain Pattern Analysis

    5. Accident Reconstruction

  3. Scientific Experts

    1. Introduction

    2. DNA Evidence

    3. Toxicology

    4. Latent-Print Identification

    5. Fire Investigations

  4. Technology

    1. Electronic Devices

    2. Cellular Communication Networks

    3. Forensic Video Analysis

  5. Social Context

    1. Introduction

    2. Evidence of Cultural Mores

    3. Is Expert Evidence Necessary?

  6. Firearms

    1. Toolmark Analysis

    2. Comparing Firearms, Projectiles, and Cartridge Cases

    3. Gunshot Residue

    4. Determination of Gunshot Distance

  7. Other Experts

    1. Handwriting Comparison

    2. Questioned Document Examination

    3. Other Comparative Experts: Glass, Hair, Fibres, Paint, and Soil

    4. Conclusion

Appendixes
Appendix: Biology Reports
Appendix: Firearms Report
Table of Cases

Chapter 1: General Principles

 
 

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