The accused was charged with operating a motor vehicle while impaired by drugs.
The Crown sought to call a Drug Recognition Expert (DRE) to give opinion evidence regarding the accused's impairment.
The court ruled that no formal voir dire under the Mohan test is required for DRE evidence.
The officer's opinion is admissible under s. 254(3.1) of the Criminal Code provided the officer is certified as required by regulation.
The opinion must be limited to the prescribed evaluation tests and procedures, or alternatively may be admitted as lay opinion evidence under the compendious statement of facts exception.
