In the context of appeals concerning the denial of the Canada Child Benefit to refugee claimants, a voir dire was held to determine the admissibility of three expert reports tendered by the appellants for their Charter challenge.
The Tax Court of Canada admitted the reports of a sociologist and a psychologist regarding precarious legal status, finding them logically relevant to the section 15 analysis and sufficiently probative.
However, the Court excluded the report of an immigration lawyer, concluding it constituted inadmissible legal opinion and legislative history that was not necessary to assist the trier of fact.
