Can an undercover police officer be accepted as an expert witness to provide evidence in a criminal case?
British Columbia, Canada
The following excerpt is from R. v. Tan, 2014 BCCA 9 (CanLII):
I agree with the Crown that this is not an issue of admissibility of expert evidence under R v. Mohan, 1994 CanLII 80 (SCC), [1994] 2 S.C.R. 9. With respect, I do not find Sanghera applicable or instructive. That case was addressing an application to have a police officer accepted as an expert witness to translate portions of intercepted communications. The undercover officer in this case was a participant in a conversation; he was a contemporaneous listener and could relate that content to the trial judge. He was also cross-examined on that evidence.
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