Conviction appeal on charges of robbery. Trial judge relied in part upon the evidence of an expert in forensic video analysis in finding that identity had been proven. Issue as to whether the expert evidence was properly admitted given the test in White Burgess, 2015 SCC 23.
Held: Appeal dismissed.
Although the expert had often been retained by the Crown in the past, the expert was still independent and objective. Experts are generally retained by one of the parties, and this fact alone does not undermine the expert’s impartiality. Further, exclusion of expert evidence for a lack of independence ought only to occur in clear cases of actual bias. “Anything less than a clear unwillingness or inability to be independent should not lead to exclusion.”
J. Blumer – Defence Counsel