Is a defendant entitled to cross-examine a veterinarian?

Ontario, Canada


The following excerpt is from Cochrane v. Ontario (Attorney General), 2007 CanLII 9231 (ON SC):

Given the sanction that may be imposed and the nature of the evidence in question, it is my opinion that the opportunity of the defendant to cross-examine the veterinarian is critical to ensuring trial fairness. Section 19 is silent as to whether there is a right to cross-examine. While it does not expressly provide for such a right, neither does it expressly preclude or limit it, as was the case in Waterloo v. Yan. The issue, then, is whether the absence of an explicit provision for cross-examination means that the defendant does not have a right to cross-examine.

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