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Evidence

Hearsay and Expert Evidence

Khelawon and Mohan.

Two evidentiary frameworks anchor Canadian trial law. Mohan (1994) governs admissibility of expert evidence: relevance, necessity, no exclusionary rule, properly qualified expert — refined by White Burgess (2015) which makes impartiality a precondition. Khelawon (2006) governs hearsay: necessity and threshold reliability (procedural and/or substantive), with ultimate reliability for the trier of fact.

Key principles

  • Mohan four-part test
    Relevance; necessity; no exclusionary rule; qualified expert.
  • Threshold reliability
    Procedural reliability + substantive reliability — interactive.
  • Trial-judge gatekeeper
    Probative value vs prejudicial effect on admissibility.

Cases (2)

R v Mohan

landmark
[1994] 2 SCR 9
Supreme Court of Canada· 1994· Evidence

R v Khelawon

landmark
[2006] 2 SCR 787
Supreme Court of Canada· 2006· Evidence