What is a lay witness's right to give opinion evidence at trial?

Nova Scotia, Canada


The following excerpt is from R. v. Assoun, 2006 NSCA 47 (CanLII):

Lay witnesses are entitled to express an opinion about the condition of a person or a thing that they have observed. In R. v. Graat 1982 CanLII 33 (SCC), [1982] 2 S.C.R. 819, Dickson, J., as he then was, said: The subjects upon which the non‑expert witness is allowed to give opinion evidence is a lengthy one. The list mentioned in Sherrard v. Jacob, supra, is by no means exhaustive: (i) the identification of handwriting, persons and things; (ii) apparent age; (iii) the bodily plight or condition of a person, including death and illness; (iv) the emotional state of a person‑‑e.g. whether distressed, angry, aggressive, affectionate or depressed; (v) the condition of things‑‑e.g. worn, shabby, used or new; (vi) certain questions of value; and (vii) estimates of speed and distance.

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