What constitutes “non-expert opinion evidence” in identification evidence at trial?

Alberta, Canada


The following excerpt is from R. v. Leaney, 1987 ABCA 206 (CanLII):

The identification evidence offered by the police officers was “non-expert opinion evidence”. Such evidence is often relevant and admissible to prove identification when the trier of fact is not in a position to make the identification unaided. In a wiretap situation, for example, the accused is under no obligation to speak at trial, it is, therefore, not possible for the judge or the jury to compare the voice of the accused with the voice on the intercepted communication. In these situations, the opinion evidence of non-experts is admitted to assist the trier of fact in determining identification. The witness must be shown to have the special knowledge that the court does not possess. The admission of such opinion evidence is always subject to one important qualification, stated by Dickson J. (as he then was) in Graat v. The Queen (1982) 1982 CanLII 33 (SCC), 2 C.C.C. (3d) 365; 31 C.R. (3d) 289; [1982] 2 S.C.R. 819; 144 D.L.R. (3d) 267 (at p. 281): “If the court is being told that which it is in itself entirely equipped to determine without the aid of the witness on that point then of course the evidence is supererogatory and unnecessary. It would be a waste of time listening to superfluous testimony.”

Other Questions


When can a witness give evidence that is not in evidence at trial? (Alberta, Canada)
Is new evidence submitted as fresh evidence admissible at trial? (Alberta, Canada)
What is the effect of the trial judge's disapproval of how the police gathered evidence during the investigation? (Alberta, Canada)
Is there any case law that supports the argument that the use of evidence that could not have been obtained but for the purposes of the trial was unfair? (Alberta, Canada)
Is a finder of fact not compelled to discount the evidence of a witness on a point when an opposing witness has not been confronted and challenged with the contrary version of the evidence? (Alberta, Canada)
What is the test for assessing exculpatory evidence in a sexual assault trial? (Alberta, Canada)
In what circumstances will a jury allow evidence of marihuana plants to be admitted at trial? (Alberta, Canada)
What is the legal test for admitting fresh evidence at trial? (Alberta, Canada)
Would the admission of the balloons in evidence constitute judicial condonation of unacceptable conduct by the investigatory or prosecutorial agencies? (Alberta, Canada)
How has the court treated a request for additional evidence in the context of the trial? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.