INTRODUCTION AND BRIEF DESCRIPTION
This section allows for expert testimony in court proceedings via written report and accompanying affidavit or declaration.
SECTION WORDING
657.3(1) In any proceedings, the evidence of a person as an expert may be given by means of a report accompanied by the affidavit or solemn declaration of the person, setting out, in particular, the qualifications of the person as an expert if (a) the court recognizes that person as an expert; and (b) the party intending to produce the report in evidence has, before the proceeding, given to the other party a copy of the affidavit or solemn declaration and the report and reasonable notice of the intention to produce it in evidence.
EXPLANATION
Section 657.3(1) of the Canadian Criminal Code refers to the admissibility of expert witness testimony in criminal proceedings. An expert witness is someone who possesses specialized knowledge or skills beyond those of an ordinary person and can provide evidence on a particular matter that may be helpful to the court. This section allows the evidence of an expert witness to be presented in the form of a report, accompanied by an affidavit or solemn declaration that sets out the qualifications of the expert. The court must first recognize the person as an expert before their evidence can be given. The party intending to produce the report as evidence must provide a copy of the report, the affidavit/declaration, and reasonable notice to the other party before the proceeding. The purpose of this section is to ensure that expert evidence presented in criminal proceedings is reliable and trustworthy. By requiring the person submitting the expert report to disclose the qualifications of the expert witness beforehand, the court can be satisfied that the evidence is based on sound principles and is not merely the personal opinion of the expert. Overall, Section 657.3(1) of the Criminal Code of Canada is an important safeguard that ensures expert evidence is strictly regulated, allowing the court to better assess its relevance and reliability.
COMMENTARY
Section 657.3(1) of the Criminal Code of Canada establishes the legal framework for the admissibility of expert evidence in criminal proceedings. This section provides that the evidence of an expert can be presented in the form of a report accompanied by an affidavit or solemn declaration, which sets out the expert's qualifications. However, before such evidence can be admitted, two conditions must be satisfied. First, the court must recognize the person as an expert. This recognition is not automatic, and the party seeking to introduce the expert evidence must establish that the proposed expert has the necessary expertise to provide reliable and relevant information. The court will consider a number of factors, such as the expert's education, training, professional experience, and reputation. Additionally, the expert must be able to offer information that is beyond the knowledge of an ordinary person and that is relevant to the issues in the case. Second, the party intending to produce the expert evidence must provide the other party with a copy of the affidavit or solemn declaration and the report, as well as reasonable notice of their intention to produce it in evidence. This requirement is essential to ensure that both parties have an opportunity to review the evidence and prepare an effective response. The purpose of this section is to ensure that expert evidence is both reliable and relevant. By requiring that the expert's qualifications be established and the other party be provided with sufficient notice, the section aims to prevent the introduction of unreliable or untested expert evidence that may unduly influence the trier of fact. It also aims to ensure that the other party has a fair opportunity to challenge the expert's evidence and to present their own evidence. In practice, expert evidence plays a critical role in many criminal cases, particularly in cases that involve complex scientific or technical issues. For example, in cases involving DNA evidence, forensic pathology, or computer forensics, expert evidence is often crucial in establishing the facts and interpreting the evidence. However, the use of expert evidence is not without controversy. Critics argue that expert evidence can be overly persuasive, misleading, or irrelevant. Others point to the difficulties in establishing the reliability and relevance of expert evidence, particularly in emerging fields where scientific consensus may be lacking. Overall, section 657.3(1) of the Criminal Code of Canada provides an important framework for the admission of expert evidence in criminal cases. While it is not without its challenges and limitations, the section serves an essential function in ensuring that expert evidence is both reliable and relevant. As such, it is a critical tool for promoting fairness, accuracy, and transparency in the criminal justice system.
STRATEGY
Section 657.3(1) of the Criminal Code of Canada allows for the introduction of expert evidence through the use of a report and accompanying affidavit or solemn declaration. However, there are several strategic considerations that parties should keep in mind when dealing with this section. Firstly, the court must recognize the person as an expert. This means that parties must be prepared to demonstrate the qualifications and expertise of their proposed expert witness. This may involve providing evidence of their academic or professional background, their experience in the relevant field, and any peer-reviewed publications or research they have conducted. It may also be useful to provide references from other experts in the field who can attest to the credibility and expertise of the proposed witness. Secondly, parties must provide the other side with a copy of the report and affidavit or solemn declaration, as well as reasonable notice of their intention to produce it in court. This is to ensure that both sides have an opportunity to review and respond to the evidence, and to prepare any necessary rebuttal or cross-examination. Providing notice and disclosure in a timely manner can also help to prevent adjournments or delays in the proceedings. In terms of strategies for dealing with this section, one approach may be to focus on the qualifications and credibility of the proposed expert. This could involve conducting a thorough background check, reviewing their past testimony and publications, and seeking references or testimonials from other experts in the field. Additionally, parties may want to consider whether their expert's opinions are aligned with the goals and strategies of their case, and whether there are any potential weaknesses or vulnerabilities in their testimony. Another strategy may be to anticipate and address any potential objections or challenges to the admissibility of the expert evidence. This could involve conducting research on relevant case law, consulting with legal experts, and preparing counterarguments to potential objections. It may also be useful to consult with the proposed expert and ensure that their report and affidavit or solemn declaration are as clear and concise as possible, in order to minimize the risk of objections or challenges. Overall, the use of expert evidence under Section 657.3(1) of the Criminal Code of Canada can be a powerful tool in criminal proceedings. However, parties must be prepared to navigate the complex legal and strategic considerations that come along with introducing expert testimony. By focusing on the qualifications and credibility of their proposed witness, providing timely notice and disclosure, and anticipating potential objections or challenges, parties can help to maximize the effectiveness of their expert evidence and achieve their desired outcomes in court.