In a judge-alone criminal trial for conspiracy to traffic in controlled substances, the Crown sought to qualify a police detective as an expert on drug trafficking practices, characteristics of controlled substances, and coded drug language.
The defence challenged qualification and admissibility on the basis of alleged bias, lack of impartiality, and inadequate appreciation of the expert's role, relying on aspects of the witness's report and cross-examination concerning hypothetical scenarios.
Applying the White Burgess and Abbey framework, the court held that the expert understood and accepted his duty to the court, that the defence had not shown a realistic concern that he would fail to comply with that duty, and that any weaknesses went to weight rather than admissibility.
The court further held that the probative value of the proposed evidence significantly outweighed any prejudice and admitted the expert evidence, subject to brief submissions on whether one portion of the proposed expertise description should remain.
