The court considered whether to admit expert evidence from Dr. Jabari M. Evans on the history and social context of drill rap in a criminal trial involving the use of rap lyrics as circumstantial evidence.
The defence sought to qualify Dr. Evans to provide context for the jury regarding the conventions of drill rap, arguing that a jury instruction would be insufficient, especially given the risk of racist stereotypes.
The Crown opposed, citing prejudice and confusion.
The court found that the subject matter was not complex and that a proper jury instruction would suffice.
The court held that Dr. Evans' evidence was not necessary and, even if it were, its prejudicial effect would substantially outweigh its probative value.
The evidence was excluded.
