What is the test for admitting expert evidence at a criminal trial?
Saskatchewan, Canada
The following excerpt is from Quintal v. Datta and Skochylas, 1988 CanLII 5084 (SK CA):
To justify the admission of expert evidence two elements must co-exist: 1. The subject matter of the inquiry must be such that ordinary people are unlikely to form a correct judgment about it, if unassisted by persons with special knowledge; 2. The witness offering expert evidence must have gained his special knowledge by a course of study or previous habit which secures his habitual familiarity with the matter in hand. See: Kelliher v. Smith, 1931 CanLII 1 (SCC), [1931] S.C.R. 672, at 684.
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