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EVIDENCE - Opinion evidence - Expert evidence - Criteria for admissibility - What constitutes special knowledge and experience

Tuesday, March 14, 2017 @ 8:55 AM  

Appeal by Bingley from a judgment of the Ontario Court of Appeal affirming a decision setting aside his acquittal and ordering a new trial for driving while impaired by a drug. After Bingley was observed driving erratically, the police were called. One of the officers, a certified drug recognition expert (DRE) under the Criminal Code, conducted a standard field sobriety test. Bingley failed the test and was arrested for driving while impaired by a drug. At trial, the Prosecution called the DRE to explain the results...