What is the effect of a defence psychiatrist giving evidence to a jury?
Ontario, Canada
The following excerpt is from Roman Catholic Children’s Aid Society of Essex County v. L.G., 1986 CanLII 3656 (ON CJ):
[37] I have earlier referred to the comment of Justice Schroeder in the decision of The Queen v. Rosik, supra, at page 377 [C.C.C.], dealing with the evidence of the defence psychiatrist and his view that such evidence should not have been received. It will be recalled that Mr. Justice Schroeder in part said as follows: . . . it should be observed that the accused man did not choose to give evidence, but rather elected to employ this indirect and quite improper method of putting before the jury by means of unsworn statements, the evidential fabric upon which his defence was structured.
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