CRCJ 1000 Lecture Notes - Lecture 1: Karl Landsteiner, Restriction Fragment Length Polymorphism, Arnould Locard
Document Summary
According to mohan, the admissibility of expert evidence is an issue to be determined by the trial judge on a case-by- case basis. In canada, the provincial evidence acts allow reports by certain experts to be filed with the court without the need to call the expert to testify. In criminal trials in particular, certificates of analysis relating to blood and breath samples in cases of driving under the influence of alcohol, or the analysis of narcotics are admissible without the need to call the expert to testify. In canadian courts the trier-of-law (the judge) decides on the qualifications of the expert witness and the admissibility of the expert testimony in a voir dire. In the case of a jury trial, this is done in the absence of the jury. Once the judge has ruled on admissibility, the evidence is then re-presented to the jury.