The accused, L.S., facing charges of sexual assault and sexual interference, sought to admit new defence expert evidence from Brandie Stevenson regarding his intellectual deficits and their impact on his decision-making, specifically his ability to ascertain age.
This voir dire followed an earlier ruling that deemed a previous expert inadmissible.
The Crown challenged the new expert's impartiality.
The court, applying the two-step test for expert evidence admissibility from White Burgess and Mohan, found Ms. Stevenson to be aware of her duty and capable of providing fair, objective, and non-partisan evidence.
The court admitted the expert evidence, noting that concerns about the foundation of her opinions, particularly regarding information from the accused's mother, would go to weight, not admissibility.