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Qualifying and Challenging Expert Evidence, 2nd Edition

Qualifying and Challenging Expert Evidence, 2nd Edition

Eric V. Gottardi, Jennifer A. MacLellan, Michael Lacy, Robin Flumerfelt
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
Coming Soon

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.  

Qualifying and Challenging Expert Evidence, 2nd Edition is an essential guide for legal practitioners and expert witnesses participating in the rigorous qualification, preparation, and examination of expert evidence. 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, this text integrates Crown and defence 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. 

Written with emerging technological changes in mind, this second edition addresses challenges posed by artificial intelligence (AI) and advanced editing software used to fabricate digital evidence. Legal practitioners are prepared for the new world 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: 978-1-77462-980-2
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ISBN
978-1-77462-980-2
Page Count
375
Publisher
Emond Publishing
Publication Date
November 2026
Status
Coming Soon
Subjects
Criminal Law and Procedure; Criminal Law Series; Evidence and Investigation
Tags
Practice Canadian Law

  • Updates to the “Sentencing Issues” chapter, including:

    • guidance on professional credibility bias 

    • the latest case law regarding the pivotal role of expert evidence in designation proceedings 

    • updates on Gladue reports and the judicial treatment of systemic factors such as race and culture in sentencing. 

  • Updates to the “Police Experts” chapter, including: 

    •  the evolving “coded language” battleground, with reference to R. v. Chiarelli and Jenkins 

    • the RCMP’s transition from the IMIM to the Public and Police Safety Framework (PPSF) 

    • The debate over police bias, with reference to R. v. Mills.  

  • Updates to the “Scientific Experts” chapter, including: 

    • coverage of STRmix and probabilistic genotyping, providing essential courtroom guidance for modern DNA litigation. 

  • Updates to the “Technology” chapter, including: 

    • the growing courtroom challenges posed by artificial intelligence (AI) and advanced editing software used to fabricate texts, emails, social media posts, and other digital evidence 

    • the role of technology experts in identifying sophisticated digital fabrications

  • Updates to the “Social Context” chapter, including: 

    • the admissibility of expert testimony on complex cultural structures and its use in establishing motive, with reference to R. v. Shafia. 

    • community dynamics and witness behaviour under R. v. Boswell. 

    • guidance from R. v. Spence and R. v. Le on judicial notice and when cross-examinable expert evidence may be required. 

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

  • Annotated extracts of the Criminal Code and Canada Evidence Act

  • Sample biology and firearms reports

  • 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

Qualifying and Challenging Expert Evidence has been cited in the following court cases:

Chapter 1: General Principles

“Qualifying and Challenging Expert Evidence is a valuable and timely contribution to Canadian criminal law. Expert evidence is indispensable to many criminal proceedings, yet its authority can distort fact-finding if not carefully controlled. This book addresses that challenge with clarity, rigour, and practical judgment. It guides counsel and judges through admissibility, qualification, reliability, scope, and weight, while engaging thoughtfully with the many forms expert evidence now takes. Grounded in the jurisprudence and attentive to trial realities, it is an authoritative resource for those who present, challenge, and adjudicate expert evidence in the service of fair and reliable justice.”

— Justice Martin from the Supreme Court of Canada

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