False Memory Cases & the Expert Witness
The framework for admitting expert evidence In R. v. Abbey, 2009 ONCA 624 (CanLII), Doherty J.A. charted a two-step process for determining the admissibility of expert opinion evidence. Step 1 The four criteria from R. v. Mohan 1994 CanLII 80 (SCC), [1994] 2 S.C.R. 9 were absorbed under the first step: (i) relevance, (ii) necessity in assisting the trier of fact, (iii) absence of an exclusionary rule (other than the opinion rule), and (iv) a properly qualified expert. The party proffering the opinion must demonstrate on a balance of probabilities that these preconditions to admissibility exist before proceeding to the second step. Step 2 Provided the applicant satisfies the court as to the existence of the four Mohan criteria, then the court will go o...