Dr. Rebekah Jacques

During a trial for unlawful act manslaughter arising from a workplace incident involving a compressed air hose, the defence sought to cross-examine the Crown's forensic pathology expert on a statement from a 1942 journal article regarding public perception of the dangers of compressed air.

The Crown objected.

Following a voir dire, the court ruled that the question could not be put to the expert.

The court found that public perception was outside the expert's area of expertise, the 1942 article was of limited reliability for assessing public knowledge in 2015, and the question had no probative value while carrying significant prejudicial effect.

During a jury trial for unlawful act manslaughter arising from a workplace incident involving a compressed air hose, the accused applied for a directed verdict of acquittal.

They argued there was no evidence from which a jury could infer that a reasonable person would have objectively foreseen the risk of bodily harm.

The court dismissed the application, finding that evidence including video footage, the sound and power of the air hose, and the bypassing of a safety mechanism provided a sufficient basis for a properly instructed jury to find objective foreseeability of bodily harm.