Criminal Code of Canada - section 657.3(3) - Notice for expert testimony

section 657.3(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the requirements for notifying and providing information about expert witnesses in order to promote fair and efficient presentation of testimony in court.

SECTION WORDING

657.3(3) For the purpose of promoting the fair, orderly and efficient presentation of the testimony of witnesses, (a) a party who intends to call a person as an expert witness shall, at least thirty days before the commencement of the trial or within any other period fixed by the justice or judge, give notice to the other party or parties of his or her intention to do so, accompanied by (i) the name of the proposed witness, (ii) a description of the area of expertise of the proposed witness that is sufficient to permit the other parties to inform themselves about that area of expertise, and (iii) a statement of the qualifications of the proposed witness as an expert; (b) in addition to complying with paragraph (a), a prosecutor who intends to call a person as an expert witness shall, within a reasonable period before trial, provide to the other party or parties (i) a copy of the report, if any, prepared by the proposed witness for the case, and (ii) if no report is prepared, a summary of the opinion anticipated to be given by the proposed witness and the grounds on which it is based; and (c) in addition to complying with paragraph (a), an accused, or his or her counsel, who intends to call a person as an expert witness shall, not later than the close of the case for the prosecution, provide to the other party or parties the material referred to in paragraph (b).

EXPLANATION

Section 657.3(3) of the Criminal Code of Canada serves to promote the fair, orderly, and efficient presentation of testimony from expert witnesses during criminal trials. The section sets out requirements for parties intending to call expert witnesses to provide sufficient notice and information to the other parties involved. Specifically, a party intending to call an expert witness must provide notice of their intention at least 30 days prior to the trial, or within a period set by the judge. This notice must include the name of the proposed witness, a description of their area of expertise, and a statement of their qualifications as an expert. In addition, prosecutors who intend to call expert witnesses must provide a copy of any report prepared by the witness for the case, or a summary of the anticipated opinion and the grounds on which it is based. An accused person or their counsel who intends to call an expert witness must provide this same information no later than the close of the prosecution's case. These requirements ensure that all parties have adequate time to prepare their arguments and cross-examination strategies, and that no one is surprised by the evidence presented during the trial. This promotes fairness and efficiency in the trial process, as well as ensuring that the expert testimony received is credible and reliable. Overall, the requirements set out in this section serve to facilitate a thorough and well-informed trial process, and ultimately contribute to a just outcome.

COMMENTARY

Section 657.3(3) of the Criminal Code of Canada is an important provision that seeks to ensure that the testimony of expert witnesses is presented in a fair, orderly, and efficient manner. The provision imposes specific obligations on parties who intend to call expert witnesses during trial proceedings. This commentary provides an overview of the requirements of the provision and highlights its significance in promoting the administration of justice. One of the critical requirements of the provision is that a party who intends to call an expert witness must provide notice to the other parties at least thirty days before the trial or within any other period fixed by the judge. The notice must contain specific information about the proposed witness, including their name, area of expertise, and qualifications. The aim of this requirement is to allow the opposing party sufficient time to prepare for any challenge to the witness's testimony during the trial. Moreover, in addition to giving notice, the prosecutor is further required to provide a copy of the witness's report, if any, and a summary of their anticipated opinion and the grounds for it. Failure to comply with these requirements could result in the exclusion of the evidence or potentially delay proceedings due to adjournment applications. The provision recognizes that expert evidence is often essential to the resolution of complex cases and that relying on the expertise of witnesses contributes to a just outcome. However, expert evidence can also be misused or abused, leading to an unjust or unfair trial. As such, the provision aims to ensure that expert evidence is presented in a way that is reliable, relevant, and helpful to the court. The provision's significance lies in the fact that it has helped to mitigate some of the problems that have previously arisen in cases where expert evidence was presented in an uncontrolled or unorganized manner. These included endless disputes over the admissibility of expert evidence and concerns about bias when experts were hired specifically to provide pre-determined opinions. This new procedure allows the parties to identify and isolate key issues, allowing the court to better examine and evaluate the contribution of expert evidence in the trial process. This section of the Criminal Code of Canada reflects a commitment to ensuring the integrity of the trial process and the reliability of expert evidence. By imposing specific requirements on parties who intend to call expert witnesses, it provides a framework for the efficient, fair, and orderly presentation of testimony by experts. The benefits of this process are clear, as it allows the court to access the best expert knowledge while reducing disputes and improving the reliability of opinions presented. Ultimately, the provision helps to promote the administration of justice by ensuring that trials are conducted in a manner that is both efficient and fair to all parties involved.

STRATEGY

Section 657.3(3) of the Criminal Code of Canada outlines the requirements for giving notice of expert witnesses in criminal trials. Failure to comply with these requirements may result in the exclusion of expert witness testimony. Therefore, it is important to understand the strategic considerations when dealing with this section of the code and employ effective strategies to comply with the requirements. One consideration is timing. The notice of intention to call an expert witness must be given at least 30 days before the trial or within any other period fixed by the judge. It is important to ensure that adequate time is given to prepare the required materials and provide them to the other party or parties. Another consideration is the content of the notice. The notice must include the name of the proposed witness, a description of their area of expertise, and a statement of their qualifications as an expert. Prosecutors must also provide a copy of the report prepared by the witness or a summary of their anticipated opinion and the basis for it. Accused persons or their counsel must provide this material by the close of the prosecution's case. Strategies that could be employed to comply with these requirements include engaging an expert witness early on in the case and ensuring that they have sufficient time to prepare a report or summary of their opinion. It may also be beneficial to work with the other party or parties to identify mutually agreeable experts, which may streamline the process and reduce the likelihood of objections. Another strategy is to carefully review and analyze the requirements of the notice, ensuring that all necessary information is included and presented clearly. This includes providing a detailed and accurate description of the proposed witness's area of expertise and qualifications, as well as a thorough explanation of the anticipated opinion and the grounds on which it is based. In conclusion, compliance with section 657.3(3) of the Criminal Code of Canada is essential for the fair and efficient presentation of expert witness testimony in criminal trials. By carefully considering the requirements and employing effective strategies, parties can ensure that expert testimony is admissible and contributes to a favorable outcome.