Forensic psychiatry

The defence sought to call a forensic psychiatrist, Dr. Peter Collins, to provide expert opinion evidence on the neurobiological responses to stress and the impact of military training on decision-making.

The Crown objected, arguing the evidence was unnecessary and within the common knowledge of the jury.

The court applied the Mohan framework and the Supreme Court's guidance on self-defence from this very case, concluding that the expert evidence was necessary to help the jury assess the reasonableness of the accused's conduct and his role in the incident.

The application to admit the expert evidence was granted, subject to certain redactions.

During a murder trial, the defence sought to call a forensic psychiatrist to testify that the accused may have been in a cocaine-induced psychosis at the time of the offence, and that the alleged conduct was out of character.

The court ruled that the expert could testify about the potential impact of cocaine consumption and the possibility of psychosis, as this was relevant to the defence of intoxication and the ability to form specific intent.

However, the court excluded the expert's opinion that the offence was out of character for the accused, finding it to be impermissible character evidence and oath-helping.

The defendants brought a mid-trial motion to disqualify the plaintiffs' expert witness, a forensic psychiatrist, for the damages phase of the trial.

The defendants argued the expert's report did not comply with prior admissibility rulings, lacked expert evidence, and exhibited bias.

The court found that the expert's methodology in calculating the impact of harms on the plaintiffs' institutionalization timeline was within his expertise and complied with prior rulings.

The court rejected the allegations of bias, finding the expert's evolving views on patients reflected objective reliability rather than advocacy.

The motion was dismissed, and the expert report was ruled admissible, with any stray comments outside his expertise to be disregarded.